Scehdule 6 Electricity Act 1989

by Leebz Tue Sep 21, 2021 1:28 am

Hi All,

I was under the impression that utilities companies were fraudulently using the Gas Act to enter properties to fit prepayment meters, although their only rights of entry was for health and safety reasons, however it seems that Schedule 6 of the Electricity Act 1989 seems to permit entry for non-payment of suppliers charges. Can anyone clarify please?

by flyingfish Tue Sep 21, 2021 8:24 am

The act says that they can do so. However they should also follow Ofgem licence rules meaning that applying for a warrant to forcibly fit prepayment meter should only be the last resort. For reference see the Act here, specifically 2 (1) ..
https://www.legislation.gov.uk/ukpga/1989/29/schedule/6

And some info from CAB ..
https://www.citizensadvice.org.uk/consumer/energy/energy-supply/complain-about-an-energy-company/check-the-prepayment-rules-your-supplier-has-to-follow/
https://www.citizensadvice.org.uk/consumer/energy/energy-supply/get-help-paying-your-bills/stop-your-energy-supplier-installing-a-prepayment-meter/

Gas is similar if not exactly the same ..
https://www.legislation.gov.uk/ukpga/1986/44/schedule/2B/crossheading/recovery-of-gas-charges-etc

by **LionsShare** Tue Sep 21, 2021 5:05 pm

I agree the act does say so but....

please read section 4 of the pre pay meter regs 2006
https://www.legislation.gov.uk/uksi/2006/2010/contents/made

there could be a legal conflict as the sction states:

4.—(1) An electricity supplier may not recover sums specified in regulation 3(1) by means of a prepayment meter unless it has previously entered into an agreement with the customer

by **LionsShare** Thu Sep 23, 2021 8:33 pm

also for got to add, if you study the 86 gas act & the 89 lectric act, I think in there the somewhere it states that the energy supplier is required to connect to the supply network when requested, implying you have a legal right to be connected?

by flyingfish Fri Sep 24, 2021 9:53 am

LionsShare wrote:4.—(1) An electricity supplier may not recover sums specified in regulation 3(1) by means of a prepayment meter unless it has previously entered into an agreement with the customer

I agree, the two appear to contradict and I don't know how it works out in practice. My fear would be that it might resolve as follows .. (1) The Electricity Act give the right to fit prepayment meter or disconnect (2) Customer refuses a prepayment meter under the Prepayment Regulations, (3) can the supplier fall back on Electricity Act alternative and disconnect?

The terms in the Prepayment Regulations are such that I don't think it could be written into the small print such that they could claim the customer has already agreed.

by **LionsShare** Fri Sep 24, 2021 5:15 pm

FF you may be onto something, refusing to pay is 1 thing & that probably would be the main semantics & drive of a disconnect under the act - the refusal.

However on looking into this as much as I can & based on those endorse vids from what the presenters state, where the 'bill payer' actually offers somat back & where the util Co act properly then if 'Customer' refuses the install, it should be a done deal?

There are 3 reasons IMO why THEY will not do awt if somat is given back (by adding stamps (own consideration) which I suggest in the 'down memory lane' thread).

1 The 'bill' is not for the Addressee (the charge is to 'you').
2 Its not your signature at the bottom of the covering letter with the 'bill' (liability).
3 You or me are the holder in due course of a financial instrument given, so there is nothing to discharge

On reading those acts, the util CoS are not statutery obliged to contact to see if they can install said meters.

by **LionsShare** Fri Sep 24, 2021 7:40 pm

If thought about, as a cheque is sent to discharge said 'bill', then in endosring & sending back 'permission' is given for it to be dealt with by the util Co. The legislation goes on about 'customer' we are not 'Customers' they are our 'Agents'?

(2226)

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