sch.1-sec.12Requirement for security deposit

sch.1-sec.12 Requirement for security deposit

Subject to subsections (2) to (4) , the holder may require a security deposit for the customer at the following stated times— for a residential exempt customer—when the residential exempt customer requests the sale and supply of energy under a standard gas sales contract but not during the currency of the standard gas sales contract; for any other small exempt customer—when the small exempt customer requests the sale and supply of energy under a standard gas sales contract or during the currency of the standard gas sales contract. The holder can not require the customer to provide a security deposit unless— the customer owes money to the holder in relation to the sale and supply of energy to any premises, unless the bill relating to the amount owed is— under review by the holder under the conditions of this seller exemption; or under consideration by the energy ombudsman as referred to in this seller exemption; or the customer has fraudulently acquired or intentionally consumed energy otherwise than in accordance with the energy laws within the past 2 years; or the customer has refused or failed to provide acceptable identification to the holder; or the holder reasonably considers the customer has an unsatisfactory credit history; or the customer has refused or failed to provide the holder with the permission or other information requested under section 11 of this schedule. The holder cannot require a residential exempt customer to provide a security deposit unless the holder has offered the residential exempt customer the option of a payment plan and the residential exempt customer has— declined the offer; or failed to pay an instalment having accepted the offer. If the holder requires a security deposit on the basis that the customer has an unsatisfactory credit history, the holder must inform the customer— that the holder has decided the customer has an unsatisfactory credit history; and of the reasons for the holder’s decision; and of the customer’s right to dispute the holder’s decision. The holder must not refuse to sell gas on the grounds of non-payment by customers, or partial payment of a security deposit by a customer, but may— arrange to de-energise (or disconnect) the customer’s premises subject to the conditions of this seller exemption; or refuse to arrange re-energisation the customer’s premises. Subject to subsection (5) , payment or partial payment of a security deposit is not a precondition to the formation of a standard gas sale contract. (sch.1-sec.12-ssec.1) Subject to subsections (2) to (4) , the holder may require a security deposit for the customer at the following stated times— for a residential exempt customer—when the residential exempt customer requests the sale and supply of energy under a standard gas sales contract but not during the currency of the standard gas sales contract; for any other small exempt customer—when the small exempt customer requests the sale and supply of energy under a standard gas sales contract or during the currency of the standard gas sales contract. (sch.1-sec.12-ssec.2) The holder can not require the customer to provide a security deposit unless— the customer owes money to the holder in relation to the sale and supply of energy to any premises, unless the bill relating to the amount owed is— under review by the holder under the conditions of this seller exemption; or under consideration by the energy ombudsman as referred to in this seller exemption; or the customer has fraudulently acquired or intentionally consumed energy otherwise than in accordance with the energy laws within the past 2 years; or the customer has refused or failed to provide acceptable identification to the holder; or the holder reasonably considers the customer has an unsatisfactory credit history; or the customer has refused or failed to provide the holder with the permission or other information requested under section 11 of this schedule. (sch.1-sec.12-ssec.3) The holder cannot require a residential exempt customer to provide a security deposit unless the holder has offered the residential exempt customer the option of a payment plan and the residential exempt customer has— declined the offer; or failed to pay an instalment having accepted the offer. (sch.1-sec.12-ssec.4) If the holder requires a security deposit on the basis that the customer has an unsatisfactory credit history, the holder must inform the customer— that the holder has decided the customer has an unsatisfactory credit history; and of the reasons for the holder’s decision; and of the customer’s right to dispute the holder’s decision. (sch.1-sec.12-ssec.5) The holder must not refuse to sell gas on the grounds of non-payment by customers, or partial payment of a security deposit by a customer, but may— arrange to de-energise (or disconnect) the customer’s premises subject to the conditions of this seller exemption; or refuse to arrange re-energisation the customer’s premises. (sch.1-sec.12-ssec.6) Subject to subsection (5) , payment or partial payment of a security deposit is not a precondition to the formation of a standard gas sale contract.