The Gas and Electricity Regulated Providers (Redress Scheme) Order 2008

Interpretation

2.—(1) In this Order—

“consumer complaint” means a complaint of either or both of the following kinds which is made against a regulated provider by or on behalf of a person in that person’s capacity as a relevant consumer in relation to the supply by that regulated provider of gas or electricity as the case may be—

(a)

a complaint relating to the difficulty experienced by a relevant consumer in making a complaint; and

(b)

a complaint that has not been resolved to the satisfaction of a relevant consumer,

“domestic premises” means premises at which a supply of gas or electricity is taken or to be taken wholly or mainly for domestic purposes;

“qualifying redress scheme” means a redress scheme which is approved by the Gas and Electricity Markets Authority in accordance with section 49 of the Consumers, Estate Agents and Redress Act 2007 or which is administered and designated in accordance with section 47(1)(b) of that Act;

“regulated provider” means any one or more of the following—

(a)

a person holding a licence under section 7A(1) of the Gas Act 1986(1);

(b)

a person holding a licence under section 7(2) of the Gas Act 1986;

(c)

a person holding a licence under section 6(1)(d) of the Electricity Act 1989(2); and

(d)

a person holding a licence under section 6(1)(c) of the Electricity Act 1989,

who supplies gas or electricity or gas transmission or electricity distribution services to a relevant consumer; and

“relevant consumer” means a consumer who is—

(a)

a natural person supplied or requiring to be supplied with gas or electricity at domestic premises (but excluding such person insofar as they are supplied or require to be supplied with gas or electricity at premises other than domestic premises); or

(b)

a person supplied or requiring to be supplied with gas or electricity at premises other than domestic premises, with—

(i)

an annual consumption of—

(aa)

electricity of not more than 55,000 kWh; or

(bb)

gas of not more than 200,000 kWh; or

(aa)

fewer than 10 employees (or their full time equivalent); and

(bb)

an annual turnover or annual balance sheet total not exceeding Euros 2 million.

(2) For the purposes of this Order, where a person who is a relevant consumer under paragraph (b)(i) of the definition of “relevant consumer” receives gas and electricity supplied by the same regulated provider, the relevant consumer’s annual consumption of gas and electricity shall be treated separately for the purpose of determining their capacity as a relevant consumer to make a consumer complaint in respect of gas or electricity supply as the case may be.

(1)

1986 c.44: section 7A(1) was inserted by section 6 of the Gas Act 1995 (c.45). Section 7 was substituted by section 5 of the Gas Act 1995, and amended by section 76(2) of, and paragraphs 2 and 4 of Schedule 6 to, the Utilities Act 2000 (c.28).

(2)

1989 c.29: section 6 was substituted by section 30 of the Utilities Act 2000.