62. Charges for supply, conditions of supply, and termination of supply
(1) Subject to section 60(2), a consumer of energy supplied by an energy operator shall pay to the energy operator such rates, charges, fees, rentals and other sums as may be due to the energy operator pursuant to this Act or any other Act in respect of the supply of energy or a matter connected therewith or any service, apparatus or other thing provided by the energy operator to that consumer, and the conditions of supply prescribed or agreed in relation to such supply shall have effect, but where generating works are owned, controlled, or operated by a person and the energy operator provides a standby service secondary to those generating works, the energy operator may impose conditions or stipulations and make charges in respect of that service whether or not it is utilised.
(2) Subject to this section, the occupier of any premises supplied with energy by an energy operator, or the occupier of such part of any premises as is supplied with energy by an energy operator separately from any other part of those premises, shall for the purposes of this Act or any other Act be deemed to be the consumer as regards those premises, or that part of those premises, as the case may require.
(3) Where an energy operator has supplied energy to any premises, or any part of any premises separately so supplied, and the charges are not met by a person other than the owner of those premises then unless the name of the occupier was notified to the energy operator prior to the rendering of account for charges in respect of the premises, those premises, or that part of those premises, may for the purposes of this Act and the recovery of charges be deemed to have been owner occupied.
(4) Where a person gives to an energy operator not less than 5 days’ notice of his intention to vacate any premises and does vacate those premises at the time specified he shall not be liable for any charges incurred in respect of those premises by a subsequent occupier, and where a person proposes to occupy any premises and arranges with an energy operator for the charges in respect of the premises incurred prior to the occupation by him to be ascertained he shall not be liable in respect of the charges for the period prior to his entry into occupation, but where the energy operator is not so enabled to ascertain the liability for charges then for so long as the supply is continued each person who has occupied or does occupy the premises since last the energy operator was so enabled or an account was paid shall be jointly and severally liable for the payment of unpaid charges, but the energy operator shall not be entitled to recover in the aggregate more than the sum of the unpaid charges and shall so far as is practicable endeavour to recover from each consumer the fair proportion of the total liability.
(5) Each point of supply metered by an energy operator shall be considered by the energy operator as a separate supply, and may be charged for accordingly.
(6) Any application for, or agreement relating to, an optional or special tariff is not transferable, and if the supply is terminated, otherwise than in respect of a failure to pay charges due, that tariff will not be applicable to any new supply without a further application being approved or agreement entered into in respect of the new supply.
(7) Notwithstanding that any charges are expressed to be at a rate calculated by the month, the consumption metered may be charged in respect of the period since the last meter reading adjusted by reference to calendar months and parts of a calendar month.
(8) Where, whether or not a contract in writing applies, in relation to any premises a consumer fails to pay any charges payable within not less than 7 days subsequent to the due date, an energy operator may terminate the supply of energy, of whatever kind, to those premises and finalise the account and may refuse to re‑connect that supply, but may re‑connect the supply on payment of the prescribed fee upon the amount due being received, and where an energy operator is satisfied that a consumer has failed to pay any charges in respect of premises previously occupied by him and for which he remains liable the energy operator may terminate the supply of energy, of whatever kind, to any other premises in the occupation of that consumer.
(9) In addition to the power to terminate supply in respect of unpaid charges, an energy operator shall have power to terminate supply where a security required pursuant to subsection (10) is not furnished or where section 58 or section 68(9) applies.
(10) For the purpose of —
(a) covering in whole or in part the costs of any property of an energy operator installed on the premises of any consumer in so far as he derives benefit therefrom; or
(b) securing the payment of any moneys due or likely to become due (other than in respect of charges based on the domestic tariff) to an energy operator from a person to whom or on whose behalf energy is supplied on any premises,
the energy operator may, subject to subsection (11), from time to time require a person to furnish to the energy operator security as a condition of the supply or of the continuance of the supply.
(11) The amount of the security which the energy operator may require a person to furnish pursuant to subsection (10)(b) shall not exceed —
(a) where the accounting period is 2 months or less, twice the average amount of the account taken over the 3 preceding accounting periods; and
(b) where the accounting period exceeds 2 months, one and one‑half times the average amount of the account taken over the 3 preceding accounting periods; and
(c) in the case of a new supply, or of an account where it is anticipated upon reasonable grounds that the consumption will be substantially increased, or where the accounting period is or has been of varying duration, or in any other case, such amount as the energy operator determines having regard to the methods of assessment set out in paragraph (a) and paragraph (b) unless or until one of those paragraphs becomes applicable.
(12) Where —
(a) a deposit is made or any other security is given in excess of the amount applicable pursuant to subsection (11), the amount required by an energy operator shall be re‑assessed; or
(b) a deposit is made or any other security is given that an energy operator considers to be no longer appropriate for the purpose for which it was required, the energy operator shall re‑assess whether a deposit or other security should be required for that purpose and, if so, the amount of the deposit or other security to be required,
and the deposit shall be refunded or credited or the security shall be discharged or modified accordingly.
(13) Where the consumer elects to furnish the required security by means of a bank guarantee, or in some other manner which in the opinion of an energy operator is sufficient to safeguard the financial interest of the energy operator, the energy operator shall not require a security to be given by way of a deposit of moneys.
(14) Where a security is given in relation to any premises for any of the reasons referred to in subsection (10) that security may be applied by the energy operator if default occurs in respect of those premises for any reason.
[(15) deleted]
(16) An energy operator shall pay, or give credit for, interest on money held by the energy operator pursuant to this section by way of security on behalf of any person or body in such manner and at such rate as may be prescribed.
(17) Where in relation to any consumer there is on any premises service apparatus or other apparatus the property of an energy operator and to the possession of which the energy operator is entitled, and the supply effected to or on behalf of that consumer is terminated, the energy operator may at any reasonable time enter those premises and disconnect, remove and take away that service apparatus or other apparatus.
[Section 62 amended: No. 101 of 1981 s. 16; No. 89 of 1994 s. 24, 39, 40 and 41; No. 58 of 1999 s. 83.]
Section 62 - State Energy Commission Act 1979 - Charges for supply, conditions of supply, and termination of supply | Zoe