Amendments to regulation 6 (determination of scheme customers by the Secretary of State)

8.  In regulation 6—

(a)at the beginning of paragraph (2) insert “In scheme years 1 to 7,”;

(b)after paragraph (2) insert—

(2A) In scheme year 8, a person may not be specified in a notice unless it appears to the Secretary of State that—

(a)the person is a domestic customer of the scheme electricity supplier; and

(b)the person, or the person’s partner, is in receipt of guarantee credit.

(2B) In scheme years 9 and 10, a person may not be specified in a notice unless it appears to the Secretary of State that—

(a)the person is a domestic customer of the scheme electricity supplier; and

(b)either—

(i)the person meets the criteria described in any eligibility statement for the scheme year consulted on and published, before the start of the scheme year, by the Secretary of State; or

(ii)where, before the start of the scheme year, the Secretary of State has not consulted on and published an eligibility statement for the scheme year, the person, or the person’s partner, is in receipt of guarantee credit.;

(c)for paragraph (3) substitute—

(3) A notice containing personal information (within the meaning of section 40(5) of the Digital Economy Act 2017(1)) may only be given if—

(a)the personal information is given with the consent of the persons to whom it relates;

(b)regulations are in force under section 142 of the Pensions Act 2008(2) and those regulations authorise the Secretary of State to provide the electricity supplier with the personal information contained in the notice; or

(c)the Secretary of State is authorised by section 36 of the Digital Economy Act 2017 to provide the electricity supplier with the personal information contained in the notice.;

(d)after paragraph (5) insert—

(6) In scheme year 10, a notice may not be given after 1st March 2021..