66Meter tests

##### 66. Meter tests (1) Where a person who is alleged to be liable to an energy operator for the payment of the charges in respect of any premises, or any part of any premises separately supplied, so demands the energy operator shall, on payment of the prescribed fee, cause a test of any meter used for ascertaining the extent, characteristics or value of the energy supplied to be made by an officer of or a person appointed by the energy operator. (2) A meter shall be deemed not to be in proper order if, on being tested, it is found to register in such a manner that the limits of error prescribed under the *Electricity Act 1945* or the *Gas Standards Act 1972*, as the case may be in relation to meters of the class to which it belongs are exceeded. (3) Where a meter, on being tested, is found to register in excess of the prescribed limit of error so as to increase the charge that should properly have been payable then any fee paid in respect of the test shall be refunded by the energy operator. (4) Where a meter, on being tested pursuant to this section, is found not to be in proper order any relevant account may, subject to section 65, be adjusted by reference to the result of the test, and shall be so adjusted where and to the extent that the error has operated to the disadvantage of the consumer. (5) A test may, at the option of the person requiring the test, be performed — (a) on the basis of a comparison of the performance of the meter under consideration with test calibration equipment provided or approved by the energy operator; or (b) on the basis of testing the meter under consideration by a testing laboratory approved by the energy operator, and the person conducting such test shall prepare and sign a certificate as to the result of that test and as to whether or not the performance of that meter was within the limits of error prescribed in relation thereto, and any such certificate shall in all proceedings relevant thereto be prima facie evidence as to the performance of the meter specified therein. (6) An energy operator may require that as a prerequisite to the carrying out of any test under this section all outstanding charges in relation to the supply pertaining to the meter to be tested be paid. [Section 66 amended: No. 89 of 1994 s. 39, 40 and 41; No. 58 of 1999 s. 56 and 83.]