40. Standard of performance for supply of electricity

Regulations may be made under this Act prescribing the standards of performance to be attained by distribution licensees in connection with the supply of electricity and the provision of electricity supply services, to tariff customers.

Different standards may be prescribed in respect of different distribution licensees, having regard to any special circumstances or conditions in or subject to which those distribution licensees are required to supply electricity or provide electricity supply services to tariff customers.

Regulations referred to in this section shall as far as practicable, be made after consultation with distribution licensees and bodies representative of persons likely to be affected by the proposed regulations.

Where any person suffers any loss or damage of a prescribed description by reason of the failure of a distribution licensee to meet any standard prescribed by regulations made under this section, the distribution licensee shall pay to such person compensation of such amount or calculated in such manner, as is specified in such regulations.

The payment of compensation to any person as provided for in subsection (4), in respect of a failure by a distribution licensee to meet a standard prescribed by regulations made under this section, shall be without prejudice to any other remedy which is available to such person in respect of the act or omission constituting such failure.

Any dispute arising from the enforcement of regulations made under this section may be referred to the Commission by a distribution licensee or a tariff customer or any other affected party, and the Commission may determine such dispute in accordance with the provisions of section 39.