Energy Act 2011

76 Power to modify energy supply licences: information about tariffs

(1) The Secretary of State may modify—

(a) a condition of a particular licence under section 7A(1) of the Gas Act 1986 (supply licences);

(b) the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;

(c) a condition of a particular licence under section 6(1)(d) of the Electricity Act 1989 (supply licences);

(d) the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act.

(2) The power under subsection (1) may be exercised for the purpose only of securing that a licence holder provides a customer on a domestic tariff with information about one or more of the licence holder’s lowest domestic tariffs.

(3) The information to be provided about a tariff by virtue of subsection (2) may, in particular, include information about—

(a) the amount of the tariff;

(b) the amount the customer would have paid or saved in relation to any past period if the customer had been on the tariff for that period;

(c) the amount the customer would be likely to pay or save in relation to any future period if the customer were on the tariff for that period;

(d) where to find further information about the tariff;

(e) how to switch to it.

(4) Modifications under subsection (1) may, in particular, include provision regarding—

(a) which one or more domestic tariffs of a licence holder are its lowest domestic tariffs;

(b) which of its lowest domestic tariffs a licence holder must provide information about;

(c) how and when the information must be provided;

(d) the form in which it must be provided.

(5) The power under subsection (1)—

(a) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);

(b) may be exercised differently in different cases or circumstances;

(c) includes a power to make consequential modifications.

(6) Provision included in licences by virtue of the power may make different provision for different cases.

(7) The power under subsection (1) may not be exercised after 1 November 2018.

(8) In this section—

• “domestic supply contract” means a contract for the supply of gas or electricity by a licence holder to a customer at domestic premises wholly or mainly for domestic purposes;

• “domestic tariff” means a tariff under a domestic supply contract.