Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether magistrates are required to assess (a) the age of each customer and their dependents, (b) whether the customer is (i) disabled and (ii) has an underlying health condition and (c) whether the customer is dependent on home run (A) medical equipment and (B) medical storage when considering an application for a warrant to switch a customer onto a pre-payment meter.

The Gas Act 1986 and the Electricity Act 1989 give utility suppliers a right of entry to premises to fit a prepayment meter in the event of payment default.  Where that right cannot be exercised, for example where access is denied or the premises are vacant, the provider can apply to a justice of the peace for a warrant to enforce the right.

Prior to such an application, a notice is sent to the occupier of the premises to the effect that such an application will be made, and that if the occupier wishes to make representations concerning the application, it can be listed at a convenient local court.

The application must be in writing and confirmed on oath. In every case the justice must be satisfied that:

• There is a right of entry;

• Admission is reasonably required; and

• The requirements of the Gas Act or Electricity Act have been complied with (this relates principally to the giving of notice).

The relevant law, which the justice must follow, imposes no further requirement, criteria, or guidance.