Part 5 E+WDebt management and relief

Prospective

Chapter 4E+WDebt management schemes

Effect of plans etc.E+W

118Stopping supplies of gas or electricityE+W

(1)This section applies in relation to a non-business debtor during a period of protection.

(2)In relation to the debtor, a domestic utility creditor is any person who—

(a)provides the debtor with a supply of mains gas or mains electricity for the debtor's own domestic purposes, and

(b)is a creditor under a qualifying debt that relates to the provision of that supply.

(3)No domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (7).

(4)The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the start of the period of protection.

(5)The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with—

(a)that supply, or

(b)any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor.

(6)The third case is where regulations allow the supply to be stopped.

(7)The fourth case is where [F1the county court] gives permission to stop a supply.

(8)[F1The county court] may give permission for the purposes of subsection (7) subject to such conditions as it thinks fit.

(9)A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986 (c. 44).

(10)A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989 (c. 29).

Textual Amendments

F1Words in ss. 115-118 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)