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Section 25

Exceptions to duty to supply electricity

of Electricity Supply Act 1990

ActIn forceProvision 26 of 58
Section 25

Nothing in subsection 24(1) shall be taken as requiring a licensee to give a supply of electricity to any premises if—

(a)

Paragraph

(i)

the supply of electricity is already being given to the premises by another licensee; and

(ii)

such supply is given whether wholly or partly through the licensee’s supply lines and electrical equipment or plant;

(aa) the premises, being a commercial or industrial premises—

(i)

is located on land without the consent of the landowner;

(ii)

has not been approved pursuant to or is in contravention of the Local Government Act 1976

[Act 171] and Town and Country Planning Act 1976 [Act 172]; or

(iii)

is in contravention of any other written law;

Act 447

(b)

he is prevented from doing so by the malfunction or failure of any electricity supply infrastructure, electrical system, equipment or installation beyond his control, or as a result of fire, flood, landslide, explosion, accident, industrial disturbance on a national level, emergency, riot, civil disturbance or war, or any other similar event not within the control of the licensee;

(c)

circumstances exist by reason of which his doing so will or may involve his breach of any regulation under this

Act; or

(d)

it is not reasonable in all the circumstances for him to be required to do so:

Provided that this paragraph shall not apply in relation to a supply of electricity which is being given to any premises unless the licensee has given to the occupier or to the owner, if the premises are not occupied, a notice of not less than seven working days of his intention to discontinue the supply of electricity.