70Formation of deemed standard connection contract

70 Formation of deemed standard connection contract

70 Formation of deemed standard connection contract

(1) A contract in the form of a distributor’s deemed standard connection contract under section 69 is taken to be entered into, by the distributor and a customer, as set out in this section.

(2) In the case of a new connection or a connection alteration, a distributor’s form of deemed standard connection contract (including any additional terms and conditions relating to the new connection or connection alteration) takes effect as a contract between the distributor and the customer on acceptance by the customer of the distributor’s connection offer in accordance with the requirements under—

(a) in the case of electricity—Chapter 5A of the NER; or

(b) in the case of gas—Part 12A of the NGR.

(3) In the case of an existing connection that is not the subject of a connection alteration, a distributor’s form of deemed standard connection contract takes effect as a contract between the distributor and the customer when—

(a) in the case of an existing connection at premises that are not energised—the customer’s premises become re-energised (or reconnected); or

(b) in the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.

(4) In the case of an existing connection where—

(a) a customer has been reclassified as a small customer for particular premises; and

(b) a deemed AER approved standard connection contract applied in relation to the customer and the same premises immediately before the reclassification,

the deemed AER approved standard connection contract terminates and the distributor’s form of deemed standard connection contract takes effect between the customer and the distributor when the customer receives notice of the reclassification.

(5) Subsections (2), (3) and (4) do not apply if a negotiated connection contract already exists between the distributor and the customer in relation to the premises concerned.

(6) Subsections (2) and (3) do not apply if the customer is a large customer and there is a deemed AER approved standard connection contract between the distributor and the customer in relation to the premises concerned.