Energy Prices Act 2022

3 GB gas scheme: supplementary provision E+W+S

(1) This section—

(a) applies in relation to a domestic gas price reduction scheme for Great Britain that is designated for the purposes of this section in regulations made by the Secretary of State (the “designated scheme”); and

(b) applies in relation to the designated scheme as it has effect from time to time.

(2) A licensed gas supplier who provides GB domestic gas supply—

(a) must take all reasonable steps to become a party to the designated scheme as soon as is reasonably practicable;

(b) must, after becoming a party to the designated scheme, remain a party unless and until it ceases to be a party in accordance with the terms of the designated scheme;

(c) must, while a party to the designated scheme, comply with the terms of the designated scheme that are applicable to it.

(3) A gas shipper must apply to become a party to the designated scheme if—

(a) that gas shipper receives from another party to the designated scheme a written request to become a party, and

(b) the designated scheme would not operate effectively if that gas shipper was not a party;

and the gas shipper must make that application as soon as reasonably practicable after receiving the request.

(4) A gas shipper—

(a) must, after becoming a party to the designated scheme, remain a party unless and until it ceases to be a party in accordance with the terms of the designated scheme;

(b) must, while a party to the designated scheme, comply with the terms of the designated scheme that are applicable to it.

(5) The Secretary of State must publish the designated scheme (as it has effect from time to time), so far as the Secretary of State considers it appropriate to do so.

(6) The provision made by paragraph 4(f) of Schedule 4B to the Gas Act 1986 (enforcement by GEMA) does not prevent any other remedy from being pursued or obtained in respect of non-compliance with the terms of the designated scheme (including any remedy in the law of contract).

(7) The Secretary of State is not liable in the law of contract for things done or omitted in the performance or purported performance of the terms of the designated scheme, unless the liability relates to payment of an amount under the scheme.

(8) A domestic gas price reduction scheme for Great Britain that was established before section 1(3) came into force otherwise than in accordance with that section (a “pre-commencement scheme”) may be designated for the purposes of this section.

(9) But no action may be taken in reliance on paragraph 4(f) of Schedule 4B to the Gas Act 1986 in relation to non-compliance with a pre-commencement scheme that is designated if or to the extent that the non-compliance occurred before the scheme is designated.

(10) Regulations under this section are subject to the negative procedure.

Commencement Information

I1 S. 3 in force at Royal Assent, see s. 30(6)