This is what the inspector advised and I signed as QS. 

Lyle

A well written summary which makes a change from the drivel I normally get to read. As GK says above the NI version of the ESQCR would apply in this case.

Chris

Words used in legislation are defined in the citation of the Act or Regulations, this is done for the ESQCR. Under the control of the consumer is not defined in the ESQCR. The principle of English law where the word or words are not defined in the Act or Regulations the normal meaning in the OED is used in the courts. The word or words may have been defined in a Stated Case in the High Court, so called Judge made Law. Foe example to commit burglary the offender must enter the premises as a trespasser. Stated cases have defined this for example going in to a shop when it is open to the public is not trespass, but going in to the shop and entering the stock room without consent is trespass. Persistent shop lifters are given warnings when caught that they are banned from the premises may be charged with Burglary rather than the less serious offence of Theft. Introducing a fishing rod through a letter box in order to steal car keys has been held to be burglary as the fishing rod was held to be an extension of the persons arm. This is the stuff that lawyers make the money on arguing points of law. 

There is a Stated Case relating to the duties of the DNO that seems to say that the DNOs, although having a statutory duty to maintain their equipment on consumers premises, are not liable to pay compensation for the failure of their statutory duties? See here https://www.lexology.com/library/detail.aspx?g=8dd003bd-93be-4d6d-bb9d-f5358774517e

Sorry the link does not work so Google Smith and others v South East Power Networks

JP

Hi John, for your info the link works ok for me. An interesting read. Thanks.

Hi John, for your info the link works ok for me. An interesting read. Thanks.