The Electricity (Standards of Performance) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the sum which a supplier must pay to a customer by way of compensation for failure to meet specified standards of performance in respect of the electricity supply services to be provided by public electricity suppliers (“suppliers”). The sum payable differs between domestic and non-domestic customers, and between standards. The standards do not apply to customers supplied under special agreements.

The Regulations come into force on 1st July 1990. Regulation 1 provides for the citation and commencement of the Regulations, and regulation 2 provides for general interpretation and incorporates the Schedules which set out for each supplier the period within which a standard is to be performed and the amount of compensation payable where it is not performed.

Regulation 3 provides that where the supplier is informed that his fuse at a customer’s premises has disconnected the supply he must pay the relevant compensation if he does not attend to repair the fuse within the prescribed period.

Regulation 4 provides that where the supplier is made aware that the supply to a customer’s premises has been cut off as a result of a fault in his system, he must pay the relevant compensation if the supply is not restored within a prescribed period if the customer makes a claim.

Regulation 5 provides that where the supplier is requested to provide a supply to premises previously supplied, specified works are required and the applicant has given the necessary information, he must pay the prescribed compensation if no appointment to carry out the works is made within a prescribed period or the appointment is not kept.

Regulation 6 provides that where a supplier is requested to provide an estimate of costs of connecting a supply to premises or altering the position of a meter and the customer gives the necessary information to the supplier, the supplier must pay the prescribed compensation if the estimate is not provided within the prescribed period.

Regulation 7 provides that where the supplier in carrying out his statutory functions disconnects the supply, he must pay the prescribed compensation if he fails to give a customer affected less than two days prior notice of disconnection or disconnects other than on the day stated in the notice if the customer makes a claim.

Regulation 8 provides that where the supplier is notified that the supply may be being provided outside the requirements of the Electricity Supply Regulations 1988, he must pay the prescribed compensation (where an inspection is needed) if no appointment is made within the prescribed period or any appointment so made is not kept, or (where no inspection is necessary) if he does not respond within the prescribed period.

Regulation 9 provides a standard, in similar form to regulation 8, in respect of notifications to a supplier that a meter may be operating outside the permitted limits of variation.

Regulation 10 provides that where a supplier has received certain requests or queries, he must pay the prescribed compensation if he does not respond within the prescribed period.

Regulation 11 provides that where a supplier agrees or notifies his intent to make a visit for specified purposes on a particular day, he must pay the prescribed compensation if he does not make the visit on that day.

Regulation 12 provides that a supplier shall each year provide to his tariff customers a summary of the customer’s rights under section 39(4) of the Electricity Act 1989 and these Regulations and regulation 13 provides that disputes arising under these Regulations may be referred to the Director General of Electricity Supply or, if he thinks fit, to the Consumers' Committee.

Regulation 14 provides that where a payment is due under any regulation, a supplier must pay the prescribed compensation if the customer is not advised of the liability to make the payment within the prescribed period.

Regulation 15 sets out the exemptions which are (with some exceptions) applicable to each standard (in addition to any specific exemption contained in the relevant regulation) and regulation 16 sets out presumptions in respect of information received or held by a supplier.