23   Negotiated customer connection contracts

(1)  This section applies to arrangements for the provision of customer connection services by a distribution network service provider in circumstances in which the distribution network service provider and customer agree for customer connection services to be provided otherwise than under any of the distribution network service provider’s standard form customer connection contracts.

(2)  An arrangement to which this section applies (a negotiated customer connection contract) may contain such terms as the distribution network service provider and customer may agree, and the contract is enforceable accordingly.

(3)  A negotiated customer connection contract must comply with any conditions imposed on the distribution network service provider by its distribution network service provider’s licence, but is not unenforceable merely because of any failure to do so.

(4)  A negotiated customer connection contract must not be inconsistent with the provisions of this Act or the regulations, and is unenforceable to the extent of any such inconsistency.