The Energy Bills Discount Scheme Pass-through Requirement Regulations 2023

Provision of information to end users

5.—(1) Within the period of 30 days beginning with the day on which the scheme benefit was provided to it in accordance with regulation 3(5) or was deemed to have been provided to it in accordance with regulation 3(6), the relevant intermediary must take reasonable steps to notify its end users in writing (where possible using the means of communication it customarily uses to communicate with its end users)—

(a) that the relevant intermediary has either—

(i) had a scheme benefit provided to it and has identified the end user as a person entitled to a just and reasonable proportion of such benefit under these Regulations, or

(ii) been notified that it has been identified as an end user for the purpose of these Regulations but the pass-through amount set out in such notification is zero (and in such circumstances the relevant intermediary must also provide to its end users the details in sub-paragraphs (b) and (c) provided to it in the notice from its relevant intermediary and the information set out in sub-paragraphs (g) and (h)),

(b) the amount of scheme benefit provided to the relevant intermediary and that the scheme benefit has been passed through under these Regulations,

(c) the amount or proportion of scheme benefit provided to the relevant intermediary (if any) which it intends to pass-through to the end user concerned together with supporting details demonstrating why the relevant intermediary considers such pass-through amount to be just and reasonable (such supporting details to include whether the discount was calculated in respect of an ETII supply contract or a general supply contract),

(d) if applicable, details of any adjustment that the relevant intermediary intends to make to the pass-through amount notified under sub-paragraph (c) to pass-through an SRE adjustment in accordance with these Regulations,

(e) if applicable, when and how the relevant intermediary will provide the pass-through amount to the end user,

(f) if applicable, of any steps it is taking to correct an error in the way in which the relevant intermediary has previously passed-through a scheme benefit to an end user,

(g) how the end user may submit a query to the relevant intermediary about the matters set out in the notice, and

(h) that if the pass-through amount to which it is entitled under these Regulations is not provided to the end user, it is entitled to recover it from the relevant intermediary as a civil debt pursuant to regulation 7(1).

(2) Where the relevant intermediary makes energy or energy products (or both) available through equipment which automatically charges a tariff per unit of energy or energy products (or both) used, paid by end users at the time the energy or energy products (or both) are made available—

(a) paragraph (1) does not apply, and

(b) the relevant intermediary must, as soon as reasonably practicable after the scheme benefit was provided to it, notify its end users by notice on or near such equipment in a place in which it will be seen by end users of—

(i) the tariff adjustment which the relevant intermediary has applied for the purposes of these Regulations to effect the pass-through to end users of the scheme benefit which has been provided to it, and

(ii) the contact details of the relevant intermediary which can be used should the end user require further information about its entitlements under these Regulations, including the ability to query with the relevant intermediary the basis on which the tariffs have been adjusted to reflect the scheme benefit provided to the relevant intermediary.

(3) In this regulation—

(a) “ETII supply contract” has the meaning given in the EBDS Regulations or the NI EBDS Regulations(1);

(b) “general supply contract” means a supply contract that is not an ETII supply contract or a QHS supply contract; and

(c) “QHS supply contract” has the meaning given in the EBDS Regulations or the NI EBDS Regulations(2).

(1)

Regulation 23(1)(a) of the EBDS Regulations and regulation 24(1)(a) of the NI EBDS Regulations define an ETII supply contract as a single supply contract in respect of all energy supplied or otherwise made available to, or used to make available heat, hot water or electricity to, certified ETII operators. A certified ETII operator is a person in respect of whom an ETII certificate has been issued under the EBDS Regulations or the NI EBDS Regulations and not revoked.

(2)

Regulation 23(1)(b) of the EBDS Regulations and regulation 24(1)(b) of the NI EBDS Regulations define a QHS supply contract as a single supply contract in respect of all energy supplied or otherwise made available to, or used to make available heat, hot water or electricity to, certified heat suppliers. A certified heat supplier means a qualifying heat supplier under the EBDS Regulations or the NI EBDS Regulations in respect of whom a QHS certificate has been issued under those Regulations and not revoked.