The Electricity (Connection Charges) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 3232

ELECTRICITY

The Electricity (Connection Charges) (Amendment) Regulations 2002

Made

20th December 2002

Laid before Parliament

31st December 2002

Coming into force

1st June 2003

The Secretary of State, in exercise of the powers conferred on her by sections 19(2) and (3)(1), 60 and 64(1)(2)of the Electricity Act 1989 and after consultation with the Gas and Electricity Markets Authority(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Electricity (Connection Charges) (Amendment) Regulations 2002 and shall come into force on 1st June 2003.

Interpretation

2.  In these Regulations “the Principal Regulations” means the Electricity (Connection Charges) Regulations 2002(4).

Amendment of the Principal Regulations

3.—(1) The Principal Regulations are amended in accordance with this regulation.

(2) In regulation 2(1) the definition of “domestic premises” shall be deleted.

(3) In regulations 3(2) and 6(1) the word “domestic” shall be deleted.

(4) In regulation 6(1) for “(4)” there shall be substituted “(5)”.

(5) In regulation 6(2) for “power” there shall be substituted “capacity”.

(6) In regulation 6(4)(a) and 7(4) for “£200” there shall be substituted “£300”.

(7) After regulation 6(4) there shall be added:

“(5) The obligation imposed by this regulation shall not apply in the case of any electric line or electrical plant which was provided before 1st June 2003 for the purpose of making a connection to the premises of an initial contributor where those premises were not used wholly or mainly for domestic purposes.”.

(8) After regulation 8 there shall be added:

“Maintenance of records

8A.   An electricity distributor shall maintain in relation to the provision of any electric line or electrical plant made on or after 1st June 2003 such records as are necessary to enable him to discharge the obligations imposed on him by these Regulations.”.

Brian Wilson,

Minister of State for Energy and Construction,

Department of Trade and Industry

20th December 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Electricity (Connection Charges) Regulations 2002 (“the Principal Regulations”).

The Principal Regulations provide for an electricity distributor to recover an amount in respect of expenses incurred in the initial provision of electric lines and electrical plant to make a connection to premises or a distribution system from a person requiring a subsequent connection which uses those lines and plant. They make particular provision in the case of domestic premises to enable amounts so recovered to be applied in making refunds to persons who have previously been required to make payments in respect of the provision of such lines and plant.

These Regulations extend the Principal Regulations so that where an initial connection is made on or after 1st June 2003 the possibility of a refund will also apply in the case of non-domestic premises.

The Principal Regulations provide that an electricity distributor is not obliged to make a refund if the sum refunded would be less than £200. These Regulations increase that figure to £300.

These Regulations also amend the Principal Regulations to require electricity distributors to maintain records in respect of new connections which are adequate to enable them to meet their obligations under the Principal Regulations.

(1)

Section 19 of the Electricity Act 1989 (c. 29) was amended by section 46 of the Utilities Act 2000 (c. 27).

(2)

See the definition of “prescribed”. The definition was amended by section 108 of and paragraphs 24 and 38(1) and (6) of Schedule 6 to the Utilities Act 2000.

(3)

The Gas and Electricity Markets Authority was established under section 1(1) of the Utilities Act 2000.

(4)

S.I. 2002/93.