Gas Supply Act 2003

This section applies if—

under the pre-amended Act, a customer is a non-contestable customer for premises; and

the customer would, under the post-amended Act, be a small customer for the premises.

Despite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.

However, until the FRC day—

customer retail services can not be provided under the negotiated retail contract; and

any customer retail contract under the pre-amended Act continues to apply for the provision of the services.

Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty.

The notice need not state a ground for the termination.