148BTransfer of customers to designated RoLR with designated contract

148B Transfer of customers to designated RoLR with designated contract

148B Transfer of customers to designated RoLR with designated contract

(1) This section applies if—

(a) customers are transferred to a designated RoLR as a result of a RoLR event; and

(b) the designated RoLR has a designated contract under section 148A.

(2) The designated RoLR must, for the transferred customers who are small customers—

(a) make all the customers subject to the designated contract; or

(b) make none of the customers subject to the designated contract.

(3) The explicit informed consent of the small customers is not required to make the small customers subject to the designated contract.

(4) If the transferred customers become subject to the designated contract—

(a) any RoLR deemed small customer retail arrangement under this Division ceases to be in operation between the designated RoLR and the transferred customers; and

(b) the designated contract—

(i) is taken to be a market retail contract for the purposes of this Law and the Rules; and

(ii) must continue to meet the requirements of section 148A(3); and

(iii) continues in force until it is terminated or replaced in accordance with this Law and the Rules.

(5) A fee must not be imposed on a transferred customer under the designated contract for terminating the contract—

(a) at any time during the initial period; or

(b) after the initial period unless the transferred customer has been given notice of the fee.

(6) The transferred customer is taken to have been given notice of the fee if—

(a) the transferred customer acknowledges receipt of the notice; or

(b) the RoLR has used its best endeavours to give the transferred customer the notice.

(7) This section does not prevent a price increasing under the designated contract.