Part IV

Amendment of the Electricity Act 1989

Miscellaneous

Maximum prices for reselling electricity.
73
1
For section 44 of the 1989 Act (maximum charges for reselling electricity) there is substituted—

Maximum prices for reselling electricity.
44
1
The Authority may from time to time direct that the maximum prices at which electricity supplied by authorised suppliers may be resold—
a
shall be such as may be specified in the direction; or
b
shall be calculated by such method and by reference to such matters as may be so specified;
and shall publish directions under this section in such manner as in its opinion will secure adequate publicity for them.
2
A direction under this section may—
a
require any person who resells electricity supplied by an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; and
b
provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.
3
Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.
4
If any person resells electricity supplied by an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—
a
the amount of the excess; and
b
if the direction so provides, interest on that amount at a rate specified or described in the direction,
shall be recoverable by the person to whom the electricity was resold.
2
Any maximum price fixed under section 44 of the 1989 Act which is in force immediately before the date on which this section comes into force shall be treated on and after that date as if it had been specified in a direction under section 44 as substituted by this section.
S. 73 wholly in force at 1.10.2001; s. 73 not in force at Royal Assent see s. 110(2); s. 73 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)