sec.20ICompensation for installation damage

### sec.20I Compensation for installation damage This section applies if— a receiver has, under section 20H , given an on-supplier a written notice of election; and the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 20H ; or the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or the installation was not done in a way that is reasonable; and a person as follows (the claimant ) suffers damage to property because of the installation— the on-supplier; anyone who is an occupier of the on-supplier’s premises. Compensation for the damage is payable by the receiver to the claimant. The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case. In making the order the court must have regard to— whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage. This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise. s 20I ins 2003 No. 28 s 4 (sec.20I-ssec.1) This section applies if— a receiver has, under section 20H , given an on-supplier a written notice of election; and the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 20H ; or the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or the installation was not done in a way that is reasonable; and a person as follows (the claimant ) suffers damage to property because of the installation— the on-supplier; anyone who is an occupier of the on-supplier’s premises. (sec.20I-ssec.2) Compensation for the damage is payable by the receiver to the claimant. (sec.20I-ssec.3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. (sec.20I-ssec.4) A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case. (sec.20I-ssec.5) In making the order the court must have regard to— whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage. (sec.20I-ssec.6) This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise. - (a) a receiver has, under section 20H , given an on-supplier a written notice of election; and - (b) the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and - (c) either— (i) no written direction was given by the on-supplier under section 20H ; or (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and - (i) no written direction was given by the on-supplier under section 20H ; or - (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or - (iii) the installation was not done in a way that is reasonable; and - (d) a person as follows (the claimant ) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier’s premises. - (i) the on-supplier; - (ii) anyone who is an occupier of the on-supplier’s premises. - (i) no written direction was given by the on-supplier under section 20H ; or - (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or - (iii) the installation was not done in a way that is reasonable; and - (i) the on-supplier; - (ii) anyone who is an occupier of the on-supplier’s premises. - (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and - (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.