The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023

CHAPTER 4 N.I. Declarations to be made where customer is making energy available to end users outside Northern Ireland

Interpretation of this Chapter N.I.

60.  For the purposes of this Chapter—

(a) a “declaration period” is the period between any periodic declaration date and any subsequent periodic declaration date;

(b) the “initial declaration date” in respect of a supply contract is the later of—

(i) the scheme introduction date, and

(ii) the date on which the relevant arrangements are put in place;

(c) “periodic declaration dates” are dates chosen by the supplier, falling at intervals of not more than one month, of which the first shall be not more than 31 days after the initial declaration date and the last shall be the last day of the second scheme period;

(d) “relevant arrangement” has the meaning given in regulation 61(3).

Commencement Information

I1 Reg. 60 in force at 26.4.2023, see reg. 1(1)

Application of this Chapter N.I.

61.—(1) This Chapter applies in respect of a supply contract, subject to paragraph (2), where —

(a) it may reasonably be expected that—

(i) the quantity of energy supplied to the customer at the premises to which the supply contract relates in the 12-month period starting on 1st April 2023 will exceed 0.5 gigawatt hours, or

(ii) the maximum rate at which energy is suppled under the contract at any time will exceed 0.5 megawatts, and

(b) arrangements are in place under which—

(i) energy supplied to the customer under the supply contract may be made available to an end user at premises located outside Northern Ireland, or

(ii) heating, cooling, hot water or electricity may be made available, using energy supplied under the supply contract, to an end user at premises located outside Northern Ireland.

(2) This chapter does not apply where—

(a) the quantities in which or rates at which—

(i) energy (as provided in paragraph (1)(b)(i)), and

(ii) heating, cooling, hot water or electricity (as provided in paragraph (1)(b)(ii)) may be made available to end users outside Northern Ireland are not material, and

(b) the application of this Chapter would be disproportionate, having regard to the complexity of determining non-qualifying quantities and to the quantities and rates referred to in sub-paragraph (a).

(3) Any arrangement of the kind described in paragraph (1)(b) is a “relevant arrangement” for the purposes of this Chapter.

Commencement Information

I2 Reg. 61 in force at 26.4.2023, see reg. 1(1)

Customer declaration where this Chapter applies N.I.

62.—(1) A customer must, as soon as practicable and in any event within 21 days after the initial declaration date—

(a) determine whether this Chapter applies in respect of a supply contract to which it is party, and

(b) if it so determines, send to the supplier a declaration to that effect.

(2) A supplier must, when it enters into a supply contract, or for a supply contract which it has entered into before the scheme introduction date, within 45 days after the scheme introduction date—

(a) determine whether either of the circumstances in regulation 61(1)(a) applies,

(b) if either circumstance applies, give the customer notice of that determination, and

(c) draw this Chapter to the attention of the customer, unless the customer has already sent a declaration under paragraph (1)(b).

Commencement Information

I3 Reg. 62 in force at 26.4.2023, see reg. 1(1)

Determination of non-qualifying quantity N.I.

63.—(1) Where this Chapter applies in respect of a supply contract, that part of the quantity of electricity or gas supplied (in any period)—

(a) which was made available to end users at premises located outside Northern Ireland, or

(b) which was used to make available heating, cooling, hot water or electricity to end users at premises located outside Northern Ireland,

is a “non-qualifying quantity” for the purposes of the scheme.

(2) Where this Chapter applies in respect of a supply contract—

(a) the supplier must as soon as practicable after receiving the customer’s declaration under regulation 62(1)(b) give notice to the customer of each periodic declaration date and (for each such date) the declaration period;

(b) the customer must, as soon as practicable and in any event within 14 days after each periodic declaration date, determine and send to the supplier a declaration of the quantity of electricity or gas supplied in the relevant declaration period which is a non-qualifying quantity;

(c) the supplier must on the basis of the non-qualifying quantity declared in each such declaration—

(i) determine the amount of the supply quantity for the declaration period to which the discounted supply price is to apply;

(ii) determine or redetermine its charges for energy supplied in the declaration period accordingly.

(3) The contract parties may agree a basis on which an estimate of the non-qualifying quantity will be used in determining charges for a billing period before (and with a subsequent reconciliation when) the steps in paragraph (2) are completed.

Commencement Information

I4 Reg. 63 in force at 26.4.2023, see reg. 1(1)

Rules in relation to this Chapter N.I.

64.  The Secretary of State may make rules about—

(a) the basis on which it is to be determined what part of the quantity of gas or electricity supplied is a non-qualifying quantity;

(b) the circumstances in which, by virtue of regulation 61(2), this Chapter does not apply;

(c) the form and content of a declaration to be made by the customer

Commencement Information

I5 Reg. 64 in force at 26.4.2023, see reg. 1(1)