The Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2019

Amendment of the Principal Regulations

5.—(1) In regulation 9 (Exemptions and limitations to supplier payment obligations) of the Principal Regulations for paragraph (3)(c)(i) substitute—

“(i) the notification given by the customer to the supplier under regulation 4(1), 5(1) or 6A(1); or”;

(2) after paragraph (7) insert—

“(7A) A supplier is not obliged to make a standard payment following failure to meet the individual standard of performance under regulation (6B)(3)(a) or (6B)(3)(b), where the supplier can demonstrate that the written confirmation or written statement was sent within a reasonable time to meet the individual standard of performance but—

(a) the customer provided the supplier with an inaccurate or incomplete postal address, where the written confirmation or written statement is to be sent by post; or

(b) the customer provided the supplier with incomplete or inaccurate details for receipt where the written confirmation or written statement is to be sent by electronic communication.

(7B) A supplier is not obliged to make a standard payment following failure to meet any individual standard of performance set out in regulation 6D as applicable if—

(a) there is a formal dispute between the supplier and the customer, and that process is still ongoing, as to—

(i) the amount of the credit balance due, or

(ii) the method for refunding the credit balance;

(b) where the credit balance is to be refunded by cheque—

(i) the supplier can demonstrate that the cheque was dispatched within a reasonable time to meet the individual standard of performance but the customer provided the supplier with inaccurate or incomplete postal address;

(c) there is otherwise a delay in refunding the credit balance due to events outside of the supplier’s control.”.