65Metered accounts

##### 65. Metered accounts (1) Except where pursuant to section 66 the meter is deemed not to be in proper order, the reading ascertained by an energy operator by reference to a meter or system of meters placed for the purpose of ascertaining the extent, characteristics, or value of the supply effected by the energy operator to any premises or part of any premises, or a certificate as to that reading purporting to be signed by an officer or servant of the energy operator and produced on behalf of the energy operator, shall in all proceedings be prima facie evidence of the extent, characteristics and value of the energy so supplied. (2) If in the opinion of an energy operator, or an officer or servant of an energy operator authorised for the purposes of this section, a meter referred to in subsection (1) was not correctly registering the extent and value of the energy supplied — (a) when it was read; or (b) during any part of the accounting period ending when it was read, the reading shall be disregarded. (2a) Where subsection (2) applies, the extent and value of the energy supplied during the accounting period ending with the reading — (a) shall be computed by reference to the results obtained from a test of the meter; or (b) if that is not practicable, may be assessed under subsection (3). (3) An assessment for the purposes of subsection (2) may be made by reference to — (a) a test carried out in a manner approved by the energy operator; or (b) the extent recorded by measure in relation thereto for the corresponding period of the preceding year, regard being had to any known variation in demand; or (c) the extent recorded by measure in relation thereto for the immediately preceding accounting period, regard being had to any known variation in demand; or (d) if no such method is appropriate, such other basis as the energy operator determines, and the person liable for the payment of the charges in respect of those premises, or that part of the premises, shall, unless the contrary is shown, be deemed to have been supplied to the extent so assessed. (4) Where as the result of — (a) a computation made under subsection (2a)(a); or (b) an assessment made under subsection (3), it is shown that the charges made were not what they should have been, the charges may be adjusted in respect of the period during which the meter was not correctly registering the extent and value of the energy supplied, and — (c) shall be credited; or (d) may be recovered, accordingly, as the case requires. (5) If — (a) subsection (2) does not apply; but (b) it is shown that, for some other reason, the charges made for a period were not what they should have been, the charges shall be adjusted so as to present, as near as may be, a proper accounting for that period, and — (c) shall be credited; or (d) may be recovered, accordingly, as the case requires. (5a) The energy operator is to determine — (a) the period during which the meter was not correctly registering the extent and value of the energy supplied, as mentioned in subsection (4); or (b) the period for which the charges made were not what they should have been, as mentioned in subsection (5), but, unless subsection (5b) applies, the period so determined is not to exceed 12 months. (5b) The period so determined for the adjustment and recovery of charges may exceed 12 months if the energy operator considers on reasonable grounds that the person concerned obtained energy at any relevant time by a dishonest or illegal act, including an act to which section 67(1) applies. (6) Where an account is submitted upon the basis of an assessment, it shall be clearly marked as such and the energy operator shall inform the consumer, if so required, of the basis upon which the assessment was made. (7) Where by agreement or for any other reason a meter is not read by an energy operator an account may be submitted by way of estimate but the account shall be clearly marked as such. (8) An account shall not be submitted by way of estimate for a period in excess of 12 months unless the consumer agrees, and a person to whom an account is submitted by way of estimate may at any time require the energy operator to read the meter applicable as soon as is practicable thereafter and to render him an account adjusted by reference to the reading so ascertained, but where it proves not to be practicable so to adjust the account that account shall thereafter be assessed pursuant to subsection (3). (9) For the purposes of this section accounting period means — (a) the period between any 2 consecutive meter readings made for the purpose of preparing and submitting accounts for energy supplied; or (b) the period covered by an account submitted upon the basis of an assessment in respect of that period of time, whichever may result in the lower charge. [Section 65 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3); No. 53 of 2003 s. 115(1) and (2).]