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• Electricity

• Regulatory Framework

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• COS Review

(1) In this section, — Designated electricity distributor, in relation to a place, means the person who is, for the time being, the operator of—

1. The works used for the purposes of supplying line function services to that place on 1 April 1993; or
2. Any works subsequently used, including works that replace works to which paragraph (a) applies, for the purposes of supplying line function services to that place:
   
   Existing electricity distributor means any electricity distributor that, immediately before 1 April 1993, was the holder of a licence issued under section 20 of the Electricity Act 1968 and in force immediately before that date.

(2) Except as provided by this Act or any regulations made under section 169 or by written agreement with a particular consumer (whether entered into before or after 1 April 1993), where, on 1 April 1993, an existing electricity distributor was supplying line function services to any place, the person that, in relation to that place, is for the time being the designated electricity distributor must not cease to supply line function services to that place without the prior consent of the Minister or of every consumer who would be affected by the cessation of those services.

(3) Nothing in subsection (2) applies where a designated electricity distributor ceases to supply line function services to any place in any of the following circumstances:

1. Where the designated electricity distributor is entitled to cease to supply line function services by reason of the failure of any consumer to pay any money due on account of—
   1. The supply of those line function services to that place; or
   2. The supply of electricity to that place:
2. Where cessation of supply is rendered necessary for reasons of safety or in order to carry out maintenance or upgrading work:
3. Where cessation of supply results from circumstances beyond the control of the designated electricity distributor, including (without limitation) fire, earthquake, lightning, inevitable accident, act of God, or force majeure.

(4) Where, for any of the reasons referred to in subsection (3) of this section, [a designated electricity distributor] ceases to supply line function services to any place, that cessation of services may continue only for so long as any 1 or more of those reasons continues to exist.

(5) Except as provided by subsection (3) of this section, every [person] commits an offence and is liable on summary conviction to a fine not exceeding $10,000 and to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues who, in contravention of subsection (2) of this section, ceases to supply line function services to any place.

(6) This section shall expire with the close of the 31st day of March 2013, and on the 1st day of April 2013 this section shall be deemed to have been repealed.