The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

Statutory Instruments

2017 No. 428

Electricity

Gas

The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

Made

16th March 2017

Coming into force

14th April 2017

The Gas and Electricity Markets Authority(1), in exercise of the powers conferred by section 46 of the Consumers, Estate Agents and Redress Act 2007(2) and having prescribed standards under section 43 of that Act(3), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017 and come into force on 14th April 2017.

Amendment to the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008

2.  In regulation 10(3) of the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (information to be provided to consumers), after “regulated provider” insert “who holds a licence under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the Electricity Act 1989 or both”.

The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of

David Gray

A member of the Gas and Electricity Markets Authority

16th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 10(3) of the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (S.I. 2008/1898) requires all regulated providers to inform their customers once a year of the existence of their complaints handling procedure and how to obtain a copy of it. “Regulated provider” is defined in regulation 2(1) of those Regulations as anyone who holds a licence under section 7A(1) or 7(2) of the Gas Act 1986 (c. 44) or section 6(1)(c) or (d) of the Electricity Act 1989 (c. 29).

These Regulations amend the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 by disapplying the obligation in regulation 10(3) to those with licences under section 7(2) of the Gas Act 1986 (gas transporters) and section 6(1)(c) of the Electricity Act 1989 (electricity distributors); whilst leaving the obligation in place for those with licences under section 7A(1) of the Gas Act 1986 and section 6(1)(d) of the Electricity Act 1989 (gas and electricity suppliers).

These Regulations refer to licences granted by the Gas and Electricity Markets authority under the Gas Act 1986 and the Electricity Act 1989, which can be viewed online at https://epr.ofgem.gov.uk/Document.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.

(1)

The Gas and Electricity Markets Authority was established by section 1(1) of the Utilities Act 2000 (c. 27).

(2)

2007 c.17; for the definition of “regulated provider”, “relevant consumer” and “regulator” see section 42 of the Consumers, Estate Agents and Redress Act 2007, which was amended by paragraph 183 of Schedule 12 to the Postal Services Act 2011 (c. 5).

(3)

Standards were prescribed in relation to the Gas and Electricity Market Authority’s regulated providers in the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (S.I. 2008/1898, to which there are amendments not relevant to these regulations).