The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023

Investigation of complaints by the General Consumer Council for Northern Ireland

11.—(1) For the purpose of section 19(10)(d) of the Act, Articles 22 and 24 of the Energy (Northern Ireland) Order 2003(1) apply in relation to an end user in Northern Ireland as they apply in relation to a customer of, or user of electricity or gas supplied by, an authorised supplier, subject to the following modifications.

(2) Article 22 is modified as follows—

(a) for paragraph (1) substitute—

“(1) This Article applies to a complaint which a domestic end user or microbusiness end user (“complainant”) has against an intermediary who has failed to comply with the pass-through requirement in relation to the complainant or the requirement to provide information to that complainant.

(1A) The complaint may be based on one or more of the grounds of complaint to the Council set out in regulation 4(2)(f) of the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023.”;

(b) omit paragraphs (3) and (4);

(c) in paragraph (5), omit subparagraphs (b) and (c);

(d) omit paragraphs (7) to (9);

(e) for paragraph (10) substitute—

“(10) In this Article—

(a) “domestic end user”, in relation to an intermediary, means a person who purchases heating or hot water for domestic use from the intermediary;

(b) “intermediary” means—

(i) a heat supplier within the meaning of the Heat Network (Metering and Billing) Regulations 2014 who supplies and charges for the supply of heating or hot water; or

(ii) 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)(b) of the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023 in respect of the energy used to produce the heating or hot water;

(c) “microbusiness end user”, in relation to an intermediary, means an end user who purchases heating or hot water from the intermediary for use in a business which employs fewer than 10 employees and has an annual turnover or balance sheet total no greater than £2 million;

(d) “pass-through requirement” has the meaning given in regulation 2(1) of the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023.”.

(3) Article 24 is modified as follows—

(a) for paragraph (1) substitute—

“(1) The Council may direct an intermediary to supply to it, in such form as it may reasonably specify, such information specified or described in the direction as it may require for the purpose of exercising its functions under Article 22.

(1A) The information may include information about any of the matters specified in regulation 4(2)(a) to (g) of the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023.”.

(b) in paragraph (3) for “Authority or licence holder” substitute “intermediary”;

(c) for paragraph (4) substitute—

“In this Article, “intermediary” has the same meaning as in Article 22.”.

(1)

S.I. 2003/419 (N.I. 6).