Draft Regulations laid before Parliament under section 6(8) of the Energy Act 2013, for approval by resolution of each House of Parliament.
2023 No. XXXX
The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023
Made
Coming into force in accordance with regulation 1
The Secretary of State has, before making these Regulations—
consulted the persons listed in section 24(1)(a) to (g) of the Energy Act 20131 and such other persons as the Secretary of State considered it appropriate to consult under section 24(1)(h); and
had regard to the matters in section 5(2)(a) to (e) of that Act.
In accordance with section 6(8) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 6(1); 6(6)(c) and (d); and 17(2)(b) of the Energy Act 2013, makes the following Regulations.
Citation, commencement and extent1
1
These Regulations may be cited as the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023.
2
These Regulations come into force 21 days after the day on which they are made.
3
These Regulations extend to England and Wales and Scotland.
Amendments to the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015
2
The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 20152 are amended as set out below.
3
1
Regulation 8 is amended as follows.
2
In paragraph (1)(a)(ii), for “two consecutive financial quarters”, substitute “one financial quarter”
.
3
In paragraph (4)(c), after “that person’s business”, insert “or would have been but for the application of regulation 9A”
.
4
After regulation 9 insert—
Modification of the application of Regulation 99A
1
This regulation applies in relation to an EII application—
a
which is made before 1st April 2026;
b
in respect of which the relevant period by virtue of regulation 9(2)(a) would, but for the application of this regulation, be the three most recent consecutive business years for which there are annual accounts for the business; and
c
in which the applicant has included a request that this regulation should apply.
2
Where this regulation applies, the applicant may specify in the application any three of the five most recent business years for which there are annual accounts in respect of the business and the expression “relevant period” is to be construed as a reference to the period or periods covered by the accounts specified by the applicant.
(This note is not part of the Regulations)