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ELECTRICITY ACT 1989 SECTION 44 - any egg heads
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TOPIC: ELECTRICITY ACT 1989 SECTION 44 - any egg heads
#378
mr.spence (User)
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ELECTRICITY ACT 1989 SECTION 44 - any egg heads 2 Years ago  
ELECTRICITY ACT 1989 Section 44

Apprently this is the act and section which prevents landlords from selling eletricity on to their tenants at a profit, theres that ugly word again!

Well, I spent most of the day boning up on this subject, I found a site

www.opsi.gov.uk/acts/acts1989/ukpga_19890029_en_1

It's a Goverment Web Site that lets you look at legistlated documents, quite good realy, but takes a while to figuer how it all works, well that behind me.

I read what I think is section 44 of the Act and it says :-

Section 44 of 1989 Electricity Act
Fixing of maximum charges for reselling electricity

(1) This section applies to electricity supplied to a consumer’s premises by an authorised electricity supplier, that is to say, a person who is authorised by a licence or exemption to supply electricity.
(2) The Director may from time to time fix maximum prices at which electricity to which this section applies may be resold, and shall publish any prices so fixed in such manner as in his opinion will secure adequate publicity for them.
(3) Different prices may be fixed under this section in different classes of cases, which may be defined by reference to areas, tariffs applicable to electricity supplied by the authorised electricity suppliers or any other relevant circumstances.
(4) If any person resells electricity to which this section applies at a price exceeding the maximum price fixed under this section and applicable thereto, the amount of the excess shall be recoverable by the person to whom the electricity was resold.
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Well, not too be that stupid, but it looks like in Section 1 that it applies only to authorised electricity supplier, someone they describe as having a licence or being exempt - now, that surely is not a landlord or any other non electricity company is what I am thinking - ANYONE KNOW DIFFERENTLY, Keep it clean.
 
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#381
silver (User)
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Re:ELECTRICITY ACT 1989 SECTION 44 - any egg heads 2 Years ago  
Hi,

Had a brief look at section 44. Looking briefly at s.44, it appears self-explanatory.
Subsection 4 - maximum price applies to any person that resells electricity - that is electriciy supplied to a consumer's premises by an authorised electricity supplier (ss1)

I'm not aware of any case law on this. If you want another opinion, you could ask OFGEM themselves to verify their interpretation of the Regulations.
I would suggest that you visit the OFGEM website which contains some useful publications and advice, or even contact them directly

If you haven't already, take a look at Letting Factsheet No.5 in the Factsheets section of this website - contains some degree of detail regarding these provisions.
 
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#384
mr.spence (User)
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Re:ELECTRICITY ACT 1989 SECTION 44 - any egg heads 2 Years ago  
Silver, thanks for the input, I have tried to find the Factsheet 5 at the Ofgem site with no luck, do you have a link?

Do you have an opinion here on the Elect Act 1989 Sect 44?
Thanks
mr.spence@talktalk.net
 
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