EXPLANATORY NOTE

(This note is not part of the Order)

This Order consolidates three Orders, the Electricity and Gas Appeals (Designation and Exclusion) Orders of 2005, 2009 and 2013.

These Orders designated documents in relation to which certain decisions of the Gas and Electricity Markets Authority (“GEMA”) may be appealed under section 173 of the Energy Act 2004. From 1st April 2014 appeals lie to the Competition and Markets Authority (“CMA”); previously appeals were to the Competition Commission.

The documents designated by article 3 are available as follows:

• the Balancing and Settlement Code, available online at www.elexon.co.uk; hard copies may be requested from ELEXON, 4th Floor, 350 Euston Road London NW1 3AW, BSC Service Desk tel. [phone];

• the Connection and Use of System Code, available online at www2.nationalgrid.com/UK/Industry-information/Electricity-codes/Connection-and-Use-of-System-Code/; hard copies may be requested from the National Grid, National Grid House, Warwick Technology Park, Gallows Hill, Warwick CV34 6DA;

• the Network Code and the two types of Uniform Network Codes are particular to each licensee, and hard copies may be requested directly from the relevant individual licensee;

• the Supply Point Administration Agreement, available online at www.spaa.co.uk; hard copies may be requested from the SPAA Helpdesk tel. [phone] or email [e-mail];

• the Master Registration Agreement, available online at www.mrasco.com; hard copies may be requested from Gemserv, tel. [phone] or email [e-mail];

• the Distribution Connection and Use of System Agreement, available online at www.dcusa.co.uk; hard copies may be requested from DCUSA Helpdesk tel. [phone], or email [e-mail];

• the Smart Energy Code, available online at www.smartenergycodecompany.co.uk; hard copies may be requested from SECAS, Gemserv Ltd, 10 Fenchurch Street, London, EC3M 3BE, SECAS Helpdesk tel. [phone], email [e-mail].

Both consolidated and non-consolidated versions of the licence conditions referred to in this Order are available online on the electronic public register maintained by Ofgem at https://epr.ofgem.gov.uk/Document; hard copies may be requested from Ofgem, 9 Millbank, London, SW1P 3GE, tel: [phone].

This Order also provides for the circumstances in which a decision is or may be excluded from the right of appeal. Article 4 excludes decisions which satisfy the conditions set out in articles 5 to 13, or where GEMA has determined that the delay caused by the holding of an appeal is likely to have a material adverse effect on the availability of electricity or gas for meeting the reasonable demands of consumers in Great Britain.

The Orders which have been consolidated are revoked, subject to transitional provision in respect of any appeals from decisions of GEMA which were made before the Order comes into force.

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