The Electricity (Standards of Performance) Regulations 1991

Presumptions and evidence

16.—(1) Where the supplier holds—

(a) a record; or

(b) certified information

concerning the receipt of information, stating the time and date upon which the information was received by the supplier, that information shall be presumed to have been received at that time and on that date, unless the contrary is proved.

(2) Where the supplier holds—

(a) a record; or

(b) certified information

concerning the making of a visit, stating the time and date upon which the visit was made by the supplier, that visit shall be presumed to have been made at that time and on that date, unless the contrary is proved.

(3) For the purpose of regulations 5, 6, 8 and 9 where the requirements of paragraph (1) of any of those regulations are satisfied after 4pm on a working day or at any time on any other day, they shall be deemed to have been satisfied on the next following working day.

(4) In this regulation—

“record” means a statement made and signed by the person receiving the information contemporaneously with the matters to which it refers or, if later, as soon as practicable thereafter.

“certified information” means a transcription of information held on computer programme, film, disk or other tangible evidence, accompanied by a certificate signed by a person authorised by the supplier that he has made all reasonable enquiries and reasonably believes that the transcription is a true statement of the information and does not omit any material matter, and that the information from which the transcription was made was created contemporaneously with the matter to which it refers, or if later, as soon as practicable thereafter.