Insolvency Act 1986

372 Supplies of gas, water, electricity, etc. E+W

(1) This section applies where on any day (“the relevant day")—

(a) a bankruptcy order is made against an individual or an interim receiver of an individual’s property is appointed, or

(b) a voluntary arrangement proposed by an individual is approved under Part VIII, or

(c) a deed of arrangement is made for the benefit of an individual’s creditors;

and in this section “the office-holder” means the official receiver, the trustee in bankruptcy, the interim receiver, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement, as the case may be.

(2) If a request falling within the next subsection is made for the giving after the relevant day of any of the supplies mentioned in subsection (4), the supplier—

(a) may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but

(b) shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the individual before the relevant day are paid.

(3) A request falls within this subsection if it is made—

(a) by or with the concurrence of the office-holder, and

(b) for the purposes of any business which is or has been carried on by the individual, by a firm or partnership of which the individual is or was a member, or by an agent or manager for the individual or for such a firm or partnership.

(4) The supplies referred to in subsection (2) are—

(a) a public supply of gas,

[F1 (b) a public supply of electricity,]

(c) a supply of water by [F2 a water undertaker],

(d) a supply of telecommunication services by a public telecommunications operator.

(5) The following applies to expressions used in subsection (4)—

(a) “public supply of gas” means a supply of gas by the British Gas Corporation or a public gas supplier within the meaning of Part I of the M1 Gas Act 1986;

[F3 (b) “public supply of electricity” means a supply of electricity by a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

(c) “telecommunication services” and “public telecommunications operator” mean the same as in the M2 Telecommunications Act 1984 except that the former does not include [F4 local delivery services within the meaning of Pt. II of the Broadcasting Act 1990.]

Textual Amendments

F1 S. 372(4)(b) substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 35(1)(3)(a), Sch. 17 paras. 33, 35(1)

F2 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 78(1) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F3 S. 372(5)(b) substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 35(1)(3)(b), Sch. 17 paras 33, 35(1)

F4 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 43

Modifications etc. (not altering text)

C1 S. 372, applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal Citations

M1 1986 c. 44

M2 1984 c. 12.