The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Amendment) Regulations 2022

Insertion of regulations 11 and 12

9.  After regulation 10 insert—

“Provision of information to an authorised person

11.— (1) An intermediary must provide an authorised person with the following information by 6th January 2023 or within 30 days beginning with the day on which the intermediary begins to supply heating or hot water through a heat network, whichever is the later—

(a) the name and business address of the intermediary;

(b) the contact details of the intermediary.

(2) Paragraph (1) does not apply to an intermediary who begins to supply heating or hot water through a heat network after 31st March 2023.

(3) Information required by paragraph (1) must be provided in a form approved by the authorised person for the purpose of this regulation.

(4) Compliance with the notification requirements of regulation 3 of the Metering and Billing Regulations does not satisfy the requirement to provide information under paragraph (1).

(5) An intermediary who is a heat supplier within the meaning of the Metering and Billing Regulations who complies with the requirement to provide information under paragraph (1) is not required to submit a notification under regulation 3 of the Metering and Billing Regulations before 31st March 2023.

(6) In this regulation, “intermediary” means—

(a) a heat supplier within the meaning of the Metering and Billing Regulations; or

(b) a person who otherwise supplies and charges for the supply of heating or hot water to its end users through a heat network—

(i) who has been provided with a scheme benefit under regulation 3(2)(a) or (b); or

(ii) who will have an entitlement to a scheme benefit under regulation 3(2)(a) or (b) who has not yet been provided with the scheme benefit.

Enforcement of requirement to provide information

12.— (1) An intermediary who does not comply with the requirement to provide information to an authorised person under regulation 11 is subject to civil enforcement action of the kind described in Schedule 4 to the Metering and Billing Regulations.

(2) For the purpose of paragraph (1), that Schedule as modified by regulation 10 of these Regulations (the modified Schedule) applies to intermediaries subject to the following further modifications.

(3) In the modified Schedule—

(a) in paragraph 1C, after “2022” insert “or the requirement to provide information under regulation 11(1) of those Regulations”;

(b) in paragraphs 2(1) and 9, for the words from “comply with” to the end substitute—

“comply with—

(a) the requirement mentioned in regulation 9(2)(d) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022;

(b) the requirement to provide information under regulation 11(1) of those Regulations;

(c) the requirement mentioned in paragraph 1C of this Schedule”;

(c) in paragraph 10(1)(a), for the words from “complies with” to the end substitute—

“complies with—

(i) the requirement mentioned in regulation 9(2)(d) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022;

(ii) the requirement to provide information under regulation 11(1) of those Regulations;

(iii) the requirement mentioned in paragraph 1C of this Schedule”.”