The Gas (Individual Standards of Performance) Regulations (Northern Ireland) 2014

Responding to complaints

11.—(1) This regulation applies where a relevant gas supplier or gas conveyor receives from or on behalf of a customer, in his capacity as such, a verbal complaint (by use of a telephone number) or written complaint relating to its activities to which the relevant gas supplier or gas conveyor reasonably expects the customer will anticipate a response.

(2) Where the relevant gas supplier or gas conveyor fails within the prescribed period from the receipt of the complaint, to dispatch to the customer—

(a) where paragraph (3) applies—

(i) an initial written response explaining the relevant gas supplier’s or gas conveyor’s inability to provide a substantive response within the prescribed period under paragraph (2)(b), including the name, telephone number and address of an employee of the relevant gas supplier or gas conveyor whom the customer can contact regarding the complaint, and stating that a substantive response shall be provided within the prescribed period under paragraph (2)(a)(ii); and

(ii) a substantive response; or

(b) where paragraph (3) does not apply, a substantive response,

the relevant gas supplier or gas conveyor shall, except in any of the circumstances described in paragraph (4), pay to the customer the prescribed sum in respect of the initial failure.

(3) This paragraph applies where the relevant gas supplier or gas conveyor is reasonably satisfied that it is unable to provide a substantive response to the complaint received under paragraph (1) without visiting the customer’s premises or making enquiries of persons other than officers, employees or agents of the relevant gas supplier or gas conveyor.

(4) The circumstances described in this paragraph are—

(a) that the customer informed the relevant gas supplier or gas conveyor before the expiry of the prescribed period that the customer did not wish the relevant gas supplier or gas conveyor to take any action in relation to the complaint;

(b) where paragraph (3) applies, that the relevant gas supplier or gas conveyor was either unable to contact the customer and/or persons other than officers, employees or agents of the relevant gas supplier or gas conveyor, or had contacted persons other than such officers, employees or agents but had not received a reply, and has so notified the customer, within the prescribed period from receipt of the complaint, and the relevant gas supplier or gas conveyor has demonstrated that it had taken all such steps as it was reasonable to take to make contact;

(c) where paragraph (3) applies, that the customer requested an appointment for visiting the customer’s premises outside of the prescribed period from receipt of the complaint; and

(d) that the relevant gas supplier or gas conveyor reasonably considers that the complaint was frivolous or vexatious; and

(e) that the making of an additional payment of the prescribed sum in respect of the continuation of any one breach under paragraph (2)(a)(i) or (2)(a)(ii) or (2)(b) would cause the aggregate of the prescribed payments to the customer in respect of that breach under that paragraph to exceed £100.

(5) For the purposes of paragraph (1) the relevant gas supplier or gas conveyor may advise the customer of a telephone number to use for the purpose of making a verbal complaint and the reasonable hours during which the telephone number will be available for receipt of complaints.