The Energy Bill Relief Scheme (Non-Standard Cases) Regulations 2023

Interpretation of this Part

6.  In this Part—

“end user” means an end user as defined in section 19(3) of the Act other than an excluded end user;

“excluded end user” means a person to whom a relevant intermediary located in Northern Ireland supplies or makes available energy(1), heating and/or hot water at premises located outside England, Wales, Scotland or Northern Ireland;

“excluded person” means a person engaged in either or both of the provision of accommodation within the meaning of standard industrial classification divisions 55.1, 55.2, 55.3 (except relevant accommodation providers) and 55.9 (except persons providing student residences, school dormitories, workers hostels and rooming and boarding houses) and the provision of energy, heating and/or hot water to such accommodation;

“heating and/or hot water” means heating and/or hot water provided through a heat network;

“heat network” means a network that, by distributing a liquid or a gas, enables the transfer of thermal energy for the purpose of supplying heating or hot water to a building or persons in that building;

“pass-through” means the act of a relevant intermediary of passing through all or part of a scheme benefit to an end user;

“pass-through amount” means an amount, being all or part of a scheme benefit, which is passed through to an end user by a relevant intermediary pursuant to these Regulations;

“period” in relation to—

(a)

a scheme benefit falling under paragraph (a) of the definition of that term in this regulation, means the period in respect of which that scheme benefit was provided to the relevant intermediary, and

(b)

a pass-through amount, means the period in connection with which such pass-through was effected;

“relevant accommodation providers” means—

(a)

in England, Wales or Scotland, persons providing mobile homes on protected sites as defined in the Mobile Homes Act 1983(2), or

(b)

in Northern Ireland, persons providing caravans on protected sites defined in the Caravans Act (Northern Ireland) 2011(3).

“relevant intermediary” means a relevant person (other than an excluded person) to whom a scheme benefit is provided in circumstances in which there is at least one end user other than the relevant intermediary. In regulation 7, “relevant intermediary” includes a person who will have entitlement to have a scheme benefit provided to it but to whom it has not yet been so provided;

“scheme benefit” means energy price support(4) in the form of—

(a)

financial assistance provided to a relevant intermediary (as a non-standard customer) under a scheme agreement where the amount of the scheme benefit is the amount notified to that relevant intermediary in accordance with the terms of that agreement, or

(b)

where the end user is also a relevant intermediary, a pass-through made by virtue of these Regulations where the amount of the scheme benefit is the pass-through amount provided to the end user concerned (as intermediary),

and the amount of the scheme benefit may be an amount in pounds sterling or in pounds sterling per kWh (as appropriate) of energy, heating and/or hot water and a scheme benefit may have been provided in respect of a period before these Regulations came into force;

“usage” means the quantity of—

(a)

energy in respect of which a scheme benefit has been provided, or

(b)

heating and/or hot water produced using energy in respect of which a scheme benefit has been provided,

made available by a relevant intermediary to an end user.

(1)

Defined in s. 28(4) of the Energy Prices Act 2022.

(2)

1983 c. 34. Section 5 was amended by sections 318 and 321(1) of, and Schedule 16 to the Housing and Regeneration Act 2008 (c. 17).

(3)

2011 c. 12 (N.I.).

(4)

“energy price support” is defined in s.19(4) of the Act.