sec.312Small customer may enter into negotiated retail contract before FRC day

### sec.312 Small customer may enter into negotiated retail contract before FRC day This section applies if— under the pre-amended Act, a customer is a non-contestable customer for premises; and the customer would, under the post-amended Act, be a small customer for the premises. Despite former sections 52 and 52A, the customer may enter into a negotiated retail contract under the post-amended Act with a retail entity for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act. However, until the FRC day— customer retail services can not be provided under the negotiated retail contract; and any standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises— former section 49 or 49A; former section 310; the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 . Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the retail entity given within 10 business days after the FRC day, terminate the contract without penalty. The notice need not state a ground for the termination. s 312 ins 2004 No. 51 s 27 sub 2006 No. 60 s 51 (sec.312-ssec.1) This section applies if— under the pre-amended Act, a customer is a non-contestable customer for premises; and the customer would, under the post-amended Act, be a small customer for the premises. (sec.312-ssec.2) Despite former sections 52 and 52A, the customer may enter into a negotiated retail contract under the post-amended Act with a retail entity for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act. (sec.312-ssec.3) However, until the FRC day— customer retail services can not be provided under the negotiated retail contract; and any standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises— former section 49 or 49A; former section 310; the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 . (sec.312-ssec.4) Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the retail entity given within 10 business days after the FRC day, terminate the contract without penalty. (sec.312-ssec.5) The notice need not state a ground for the termination. - (a) under the pre-amended Act, a customer is a non-contestable customer for premises; and - (b) the customer would, under the post-amended Act, be a small customer for the premises. - (a) customer retail services can not be provided under the negotiated retail contract; and - (b) any standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises— (i) former section 49 or 49A; (ii) former section 310; (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 . - (i) former section 49 or 49A; - (ii) former section 310; - (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 . - (i) former section 49 or 49A; - (ii) former section 310; - (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .