90.—(1) Notwithstanding anything in this Act or in any other Act or any order made under any such Act, a person shall not be entitled to demand or continue to receive for the purposes of a stand-by supply only from the Board or an authorised undertaker a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which the stand-by supply of electricity is required) of gas, steam or other form of energy unless he has agreed with the Board or such authorised undertaker (as the case may be) to pay such minimum annual sum to be determined (in case of any dispute or question) in the manner hereinafter mentioned as will give to the Board or the authorised undertaker (as the case may be) a reasonable return on the capital expenditure incurred in providing such stand-by supply and cover other standing charges incurred in order to meet the possible maximum demand for those premises.

(2) If any dispute or question arises between any person and an authorised undertaker as to the amount of such minimum annual sum as aforesaid such dispute or question shall be determined by the Board and if any such dispute or question arises between any person and the Board such dispute or question shall be determined by the Minister or, if the Minister so thinks fit, by an arbitrator appointed by him.