Statement updated 06/02/23:
We welcome Lord Justice Edis’ new guidance on applications for warrants of entry to instal pre-payment meters. As well as highlighting that magistrates have, thus far, been following the correct procedures with regards to such applications, it reiterates that energy companies must follow due process regarding vulnerability assessments.
We are acutely aware of the immensely challenging economic times in which we are all living and the significant problems that many are facing with energy prices at this time.
We welcome the Secretary of State’s call for a review by Ofgem and the energy companies of the procedures around the fitting of prepayment meters, to make sure that the process is “fair, transparent and supports vulnerable customers”.
There may be a case for reviewing the law that pertains to this process, but that is for Parliament—not magistrates—to debate and decide.
Magistrates’ role is to apply the law—the Rights of Entry (Gas and Electricity Boards) Act 1954, the Gas Act 1986, and the Electricity Act 1989—as it stands to everyone equally. So, once a debt has been established—that is, when an energy company representative declares this under oath—magistrates have no choice but to issue a warrant.
We appreciate that this may be frustrating for those who feel strongly about this issue, particularly in these difficult times, but the separation of responsibilities between those who make the laws and those who uphold the laws is a cornerstone of our democracy.
We recognise that there are many concerns about utility warrants, as well as misunderstanding about the involvement of magistrates in the process. We are consulting with our members and will be producing a briefing to explain magistrates’ role more clearly.
