60Repudiation of existing contracts, and unwritten contracts

60. Repudiation of existing contracts, and unwritten contracts

(a) a reference to supply or sale shall be construed as including a reference to the provision of any apparatus or works, or the carrying out of any maintenance or works; and

(b) a reference to terms shall be construed as a reference to the charges from time to time applicable and to the conditions of supply or provision generally.

(2) Where —

(a) a supply or sale of energy is effected or continued by an energy operator and no contract in writing is applicable thereto; or

(b) a contract is repudiated and subsection (4) applies,

the supply or sale, or the matters to which the repudiated contract relate, shall be deemed to be, and shall be deemed always to have been, entered into subject to and in accordance with the terms and any other matters relating to such supply or sale applying as at the time when the supply or sale was effected in so far as those terms or other matters were lawfully, or are deemed lawfully to have been, or are set out in a relevant schedule, tariff or table published by the energy operator or were or are set out in the regulations or by‑laws made under this Act or any other Act, and to be subject thereafter from time to time to any relevant variation specified in any such regulation or by‑law.

[(3) deleted]

(4) From and after the repudiation of a contract under this section an energy operator may effect or continue any supply or sale to a person but that supply or sale shall be taken to be a supply or sale to which no written contract applies, and the energy operator may recover the charges applicable to that supply or sale as though no such contract had applied.

(5) Where a contract is repudiated by an energy operator under this section any moneys due or to become due to the energy operator under that contract shall be apportioned as at the date of the repudiation and shall be recoverable by the energy operator in so far as they relate to the period prior to the repudiation.

[Section 60 amended: No. 89 of 1994 s. 22, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]