Energy Act 2023

Consumer redress orders

40 (1) Regulations made by virtue of paragraph 37(2)(d) may, in particular—

(a) make provision about the requirements that may be imposed by a consumer redress order, including, in particular, requirements as to—

(i) paying compensation to affected heat network consumers;

(ii) preparing and distributing a written statement about the contravention;

(iii) terminating or varying contracts entered into with affected heat network consumers;

(b) make provision about the maximum amount of compensation that a relevant person may be required to pay;

(c) make provision about procedure;

(d) make provision about challenges to a consumer redress order in legal proceedings (including, in particular, specifying the grounds on which and the time within which an order may be challenged and the remedies that may be given);

(e) make provision about the payment of interest;

(f) make provision about payment of compensation (and any interest) in instalments;

(g) specify how a consumer redress order may be enforced;

(h) make provision enabling the Regulator to accept an enforcement undertaking from a relevant person and about the consequences of accepting such an undertaking.

(2) The regulations may provide for—

(a) publication by the Regulator of a statement of policy with respect to the making of consumer redress orders and the determination of the requirements imposed by them;

(b) revision of the statement of policy.

(3) Except as provided by the regulations, the validity of a consumer redress order is not to be questioned in any legal proceedings.