Page:Electricity Act 2001.pdf/49

50 :(b) a retail electricity licensee is unable or refuses to retail electricity to a contestable consumer for any reason, a market support services licensee shall provide the contestable consumer access to any wholesale electricity market for the purpose of allowing the consumer to purchase electricity indirectly from that market through the licensee at prevailing market prices.

(11) Nothing in subsections (6) and (8) shall have the effect of extinguishing any right or liability of any party under the existing agreement referred to in those subsections where such right or liability had accrued on the date the agreement ceased to have effect under those subsections.

(12) A market support services licensee shall not discontinue the provision of market support services to any contestable consumer except in accordance with its licence.

(13) Nothing in this section shall be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any contestable consumer if—
 * (a) it is prevented from doing so by circumstances not within its control;
 * (b) circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or
 * (c) any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.

PART VI WHOLESALE ELECTRICITY MARKET Definitions

42.—(1) For the purposes of this Part—
 * “constituent documents” means the memorandum and articles of association of the Market Company;