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On the subject of pulling the DNO fuse.

alanblaby
There have been a couple of reports here of the DNO confronting electricians who have pulled their fuse.


It's getting closer to home, a work colleague was doing a CU change on a domestic house last week, no isolator fitted, so he pulled the fuse (no seals present).

South Nottinghamshire.


Around 90 minutes later there was a knock on the door, a guy from Western Power was investigating a power loss at the property, reported by the Smart Meter phoning home.

He gave the sparky a talking to, and warned they are getting strict in pursuing people who do it, he said meter fiddling was rife, so any loss of power is checked out asap.
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    why a registered sparks can pull a fuse from a single phase head, but not a three phase one which is made up of three identical items.




    Purely ease of drawing a clear border - It is a bit arbitrary, and I suspect they really wanted to say "we only want folk we have not trained ourselves pulling the lowest risk stuff", and found this a convenient  definition.  More importantly it has been working well for years, and everyone likes it.

    (Though I understand that when no temp seals are to hand, some 'emergencies' are interpreted more liberally than others)

    Some  'domestic' 3 phase cut outs are not 3 single phase fuses in individual insulating enclosures, but far larger assemblies, such as the boxes that may be found in a block of flats, where all 3 phases are beside each other, and a phase  to  phase fault is credible risk.


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    mapj1:

    Damage to the seals might be seen as criminal.




    It may be a defence that the CU change (or WHY) was required to safeguard the householder's property. If it was done for the purpose of abstraction, that would be a very different matter.


    In practical terms, however, how do you prove beyond reasonable doubt that a particular electrician cut a seal?


    I recall reading somewhere that pulling the fuse would be a breach of contract, which would allow a DNO to terminate a service, but I cannot lay my hands on the source at the moment.

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    Chris Pearson:

    In practical terms, however, how do you prove beyond reasonable doubt that a particular electrician cut a seal?


    I recall reading somewhere that pulling the fuse would be a breach of contract, which would allow a DNO to terminate a service, but I cannot lay my hands on the source at the moment.




    It can be difficult to prove. However, if photographic evidence can show that a seal was fitted, and the Supplier’s terms and conditions of supply make removing that seal a breach of contract for the supply of electricity, it is surprising how quickly the name of the guilty can be recalled. 


    Regards,


    Alan. 

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    mapj1:

    Damage to the seals might be seen as criminal.I




    Damage to the seal is a criminal offence, as it is a breach of statute law.


    The main offences are against the ESQCR2002 regulations, and Section 13 of The Theft Act. Electricity theft (or abstraction to give it its proper name), is different to most other types of theft, as you cannot put the missing electricity into a cardboard box and present it as evidence in a court of law. Instead, the law requires reasonable opportunity for the theft to occur, and the removal of seals on an unmetered supply (as it is before the meter), fits the requirements. 


    Regards,


    Alan. 

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    There are a number of circumstances where going on to someone's land is unlawful. 


    Unless it it is one of the circumstances which are unlawful trespassers cannot be prosecuted. A landowner or other person acting for them can demand a person leaves their land. They must be given reasonable time to leave if they don't reasonable force may be used to eject them. If the police are called they will not assist but will act to prevent a breach of the peace. 

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    John Peckham:

    There are a number of circumstances where going on to someone's land is unlawful. 


    Unless it it is one of the circumstances which are unlawful trespassers cannot be prosecuted. A landowner or other person acting for them can demand a person leaves their land. They must be given reasonable time to leave if they don't reasonable force may be used to eject them. If the police are called they will not assist but will act to prevent a breach of the peace. 




    Spot on, John, but I may add that that a (persistent) trespasser may be sued in tort. A DNO or supplier has the right of access to his equipment whether the landowner agrees or not. Without reaching for my books ( in fact downloads) I think that such right is in breach of contract rather than in breach of ESQCR. So if you contract for a supply, you have also agreed to allow the DNO (and supplier) to have access to their equipment.

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    Alan Capon:




    mapj1:

    Damage to the seals might be seen as criminal.I




    Damage to the seal is a criminal offence, as it is a breach of statute law.


    The main offences are against the ESQCR2002 regulations, and Section 13 of The Theft Act. Electricity theft (or abstraction to give it its proper name), is different to most other types of theft, as you cannot put the missing electricity into a cardboard box and present it as evidence in a court of law. Instead, the law requires reasonable opportunity for the theft to occur, and the removal of seals on an unmetered supply (as it is before the meter), fits the requirements. 


    Regards,


    Alan. 


     




     


    13 Abstracting of electricity.

    A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.



    That's the entirety of Section 13 - one sentence.  I don't see any mention of "reasonable opportunity" there.
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    Chris Pearson:

    . . . I think that such right is in breach of contract rather than in breach of ESQCR. So if you contract for a supply, you have also agreed to allow the DNO (and supplier) to have access to their equipment. . . 




    In damaging the seal, you have carried out a deliberate act that has caused the Supplier / DNO to be in breach of regulation 24 part 2. 


    Regards,


    Alan. 

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    Trespass is a civil matter generally a Tort.


    DNOs have a statutory right of entry but they need a warrant to exercise that right.


    Various other bodies have statutory rights of entry but most need a warrant. Police have powers of entry that may be exercises without a warrant. A lot of legislation has the magic words " a constable may enter without warrant". Of course constables have the sworn duty to enter premises without warrant to prevent a breach of the Queens Peace  and to arrest a person and bring that person before a Justice to be dealt with under the Justice of the Peace Act of 1361 which is I think the oldest piece of legislation in daily use. Old law is still good law.


    There are lots of useful powers under the Vagrancy Act 1824 such as being on enclosed premises or in any yard for an unlawful purpose. I saw one of my favorites the other day on the underground with a women exposing a leg injury claiming it was a third degree burn whilst on my way to a meeting at the IET. She was asking for money and pointing to her leg wound, a clear case of "exposing wounds or deformities with intent to gather alms" contrary to the Vagrancy Act 1924. 


    Strange there is no statutory offence of murder. Offenders are charged under common law with the words, "contrary to the Queens Peace".
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    Aggravated trespass has been a criminal offence since 1994. It's where you trespass on private land, and in addition intimidate/obstruct/disrupt people from engaging in a lawful activity on that land. The legislation doesn't say out loud, but that lawful (as then was) activity was clearly "fox hunting".

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