The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Amendment) Regulations 2022

Amendment of regulation 10 (enforcement of requirement to join redress scheme)

8.  In regulation 10—

(a) in paragraph (1), after “intermediary” insert “within the meaning of regulation 9”;

(b) after paragraph (2) insert—

“(2A) After paragraph 1 insert—

“Interpretation

1A.   In this Schedule—

“authorised person” means the Secretary of State, or in relation to a Scottish heat network the Scottish Ministers;

“intermediary” means—

(a)

a heat supplier; or

(b)

a person who otherwise supplies and charges for the supply of heating or hot water to its end users through a heat network, where that person has been provided with a scheme benefit in accordance with regulation 3(2)(a) or (b) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022.

PART 1A Power to request information

Application of Part

1B.   This Part applies where an authorised person has reasonable grounds to suspect that a person is an intermediary.

Power to require the production of information

1C.   Before imposing a compliance notice on, or accepting an enforcement undertaking from, the person for failing to comply with the requirement mentioned in regulation 9(2)(d) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022, the authorised person may give notice to the person requiring the person to provide the authorised person with the information specified in the notice.

Procedure for notice under paragraph 1C

1D.— (1) A notice under paragraph 1C must be in writing and must specify that the information is required in order to determine if the person is an intermediary.

(2) The notice may specify—

(a) the time within which and the manner in which the person to whom it is given must comply with it;

(b) the form in which information must be provided.

(3) The notice may require—

(a) the creation of documents, or documents of a description, specified in the notice; and

(b) the provision of those documents to the authorised person.

(4) A requirement to provide information or create a document is a requirement to do so in a legible form.

(5) A notice under paragraph 1C does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce—

(a) in proceedings in the High Court on the grounds of legal professional privilege; or

(b) in proceedings in the Court of Session on the grounds of confidentiality of communications.

(6) In sub-paragraph (5)(b), “communications” means—

(a) communications between a professional legal adviser and the adviser’s client; or

(b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Enforcement of requirement mentioned in paragraph 1C

1E.   A person who does not comply with the requirement to provide the authorised person with the information specified in a notice under paragraph 1C is subject to civil enforcement action under this Schedule.”.”;

(c) in paragraph (3), in the substituted paragraph 2(1), at the end insert “or the requirement mentioned in paragraph 1C of this Schedule”;

(d) in paragraphs (8)(b) and (9)(a), at the end insert “or the requirement mentioned in paragraph 1C of this Schedule”;

(e) after paragraph (13) insert—

“(14) In paragraph 14—

(a) in sub-paragraph (2), for the words from “be a percentage” to the end substitute “not exceed £5,000”;

(b) omit sub-paragraph (3);

(c) after sub-paragraph (7), insert—

“(8) A non-compliance penalty is recoverable by the authorised person as a civil debt.”.”.