moggy wrote:There is no non-payment warrant !
rogerdun wrote:I would suggest that you read the legislation. A warrant of entry can be obtained because of non-payment.
But later, Ceylon admits quietly:ceylon wrote:no it can not
Yes, indeed they do. 1954 and 1986, and 1989 for electricity. Rights of Entry (Gas and Electricity Boards) Act 1954:ceylon wrote:they use the 54 and 86 thats all
And s2 says:This Act applies to all rights of entry conferred by the Gas Act 1986, [and] Schedule 6 to the Electricity Act 1989 [...]
Gas Act 1986 sch 2B: if the consumer doesn't pay his bills, the supplier may:... the justice may by warrant under his hand authorise the operator or any employee of the operator, as the case may be, to enter the premises, if need be by force.
Electricity Act 1989 sch 6: where a customer doesn't pay his bills, the supplier may:(a) install a pre-payment meter on the premises in place of the existing meter; or
(b) cut off the supply to the premises by disconnecting the service pipe at the meter or by such other means as he thinks fit;
and the supplier may recover any expenses incurred in so doing from the consumer.
(a) install a pre-payment meter on the premises; or
(b) disconnect the premises,
and the supplier may recover any expenses incurred in so doing from the customer.
Credit where it is due, GOOFy deadbeatdad seems to have followed this trail and realised that, yes, suppliers can apply for warrants to break in to fit pre-payment meters. But he claims:
He knows this because:deadbeatdad wrote:the Act (without making any such distinction so as to draw attention to the fact) is really referring to actual commercial customers
He is referring to paragraphs 2, 8 and 10 of schedule 4 of Utilities Act 2000, which substituted the above-mentioned Electricity Act 1989 sch 6. Warrants aren't made under the legislation that amends other legislation, but under the amended legislation.deadbeatdad wrote:the act clearly states that they can obtain a warrant to enter property for non-payment - yet (as we know) they never use s 2,8,10 : begs the question 'why not' if the act states that they can
I enjoyed his theory about why warrants aren't signed:
deadbeatdad wrote:- because 'he who signs has liability' (as we all know to our cost) but this applies equally to themselves - if they sign the warrant and it fails then the one signing becomes liable (settle and discharge) the debt