The Electricity Safety, Quality and Continuity Regulations 2002

Disconnection of supply, refusal to connect and resolution of disagreements

26.—(1) Where a connection to a distributor’s network has been made, or is proposed, and the distributor is not satisfied that the consumer’s installation or other distributor’s network or street electrical fixture which is or would be connected to his network is or would be so constructed, installed, protected and used or arranged for use so as to prevent, so far as is reasonably practicable, danger or interference with his or any other distributor’s network, or with the supply to any consumer’s installation or street electrical fixture, he may issue a notice in writing to the consumer or other distributor or owner of the street electrical fixture (as the case may be) requiring remedial works to be carried out within such reasonable period as may be specified in the notice.

(2) If the remedial works specified in the notice by the distributor are not carried out by the end of the period specified in the notice the distributor may disconnect or refuse to connect (as the case may be) the supply to the consumer’s installation or other distributor’s network or street electrical fixture, and in such an event the distributor shall by further notice in writing addressed to the consumer or other distributor or owner of the street electrical fixture (as the case may be) set out the reasons for the disconnection or refusal to connect.

(3) A distributor may disconnect the supply to the consumer’s installation or other distributor’s network or street electrical fixture without giving notice as required by paragraph (1) if such disconnection can be justified on grounds of safety, but in such an event the distributor shall by notice in writing addressed to the consumer or other distributor or owner of the street electrical fixture (as the case may be) and served as soon as reasonably practicable after the disconnection, give the reasons for such disconnection and if applicable details of any remedial measures required to be taken by the consumer or other distributor or owner of the street electrical fixture.

(4) The distributor shall connect or restore the supply when the stipulated remedial measures have been taken by the consumer or other distributor or owner of the street electrical fixture (as the case may be) to the reasonable satisfaction of the distributor, or if no remedial measures are required, as soon as is reasonably practicable after the grounds for disconnection have ceased to apply.

(5) Any dispute between the distributor and the consumer or other distributor or owner of the street electrical fixture (as the case may be), over the disconnection of or refusal to connect the consumer’s installation or other distributor’s network or street electrical fixture which cannot be resolved between them, may be referred by any of them to the Secretary of State who shall appoint a suitably qualified person to determine the dispute and to order as he thinks fit whether the costs (or any part of them) associated with the determination should be borne by one or other of the parties.

(6) Where a referral is made to the Secretary of State in accordance with paragraph (5) before the expiry of the notice period referred to in paragraph (1), the distributor shall not take any action pursuant to paragraph (2) until the determination of the dispute.

(7) Following the determination by the person appointed by the Secretary of State, the distributor shall maintain, connect, restore or may disconnect the supply as appropriate, subject to any conditions which the person appointed by the Secretary of State may stipulate in his determination.

(8) A copy of this regulation shall be endorsed upon or accompany every notice given by the distributor pursuant to this regulation.