sec.223Compensation for installation damage

sec.223 Compensation for installation damage

This section applies if— a receiver has, under section 222 , given an on-supplier a notice of election; and the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 222 (3) (b) ; 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. 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. s 223 amd 2023 No. 25 s 31 sch 1 (sec.223-ssec.1) This section applies if— a receiver has, under section 222 , given an on-supplier a notice of election; and the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 222 (3) (b) ; 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.223-ssec.2) Compensation for the damage is payable by the receiver to the claimant. (sec.223-ssec.3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. (sec.223-ssec.4) 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.

• (a) a receiver has, under section 222 , given an on-supplier a notice of election; and
• (b) the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and
• (c) either— (i) no written direction was given by the on-supplier under section 222 (3) (b) ; 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 222 (3) (b) ; or