Electricity Act 1994

This section applies on the FRC day if immediately before that day a contract (the existing contract) was, under any of the following provisions, taken to have been in force between a customer and a retail entity for the provision of customer retail services to premises—

former section 49 or 49A;

former section 310;

the Energy Assets (Restructuring and Disposal) Act 2006, section 41.

However, subsections (3) to (6) do not apply if the Energy Assets (Restructuring and Disposal) Act 2006, section 44 applies to the existing contract.

The existing contract ends.

The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.

The customer and the financially responsible retail entity for the premises are, under new section 51, taken to have entered into a retail contract of the following type for the provision of the services to the premises—

if the customer is a small customer for the premises—a standard retail contract;

if the customer is a large customer for the premises—a standard large customer retail contract.

New section 52(3) and (4) applies to the retail contract as if it were a contract taken to have been entered into under that section.

The FRC entity is taken to be the financially responsible retail entity for the premises under the post-amended Act.

To remove any doubt, it is declared that subsection (7) applies even though the FRC entity would not, other than for subsection (7), be the financially responsible retail entity for the premises.

Subsection (7) ceases to apply if, under the post-amended Act—

another retail entity becomes the financially responsible retail entity for the premises because of a completed transfer under the National Electricity Rules taking effect after the FRC day; or

the FRC entity becomes the financially responsible retail entity.

In this section—FRC entity means—

Ergon Energy; or

an acquiring entity or a sale entity under the Energy Assets (Restructuring and Disposal) Act 2006.