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The Warm Home Discount Regulations 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Warm Home Discount Regulations 2011 No. 1033

PART 5Supplementary

Approvals by the Authority: procedure

28.—(1) This regulation applies to notifications to the Authority under regulation 19 or regulation 27.

(2) A notification must be in such form, and contain such information, as the Authority requires.

(3) The Authority must, within the period specified in paragraph (4)—

(a)notify the supplier of its decision; or

(b)if the Authority requires further information from the supplier before determining the notification, request that information from the supplier.

(4) The period referred to in paragraph (3) is—

(a)28 days after receipt of the notification, except where sub-paragraph (b) applies;

(b)12 weeks after the commencement date, if the notification is received by the Authority within 8 weeks after the commencement date.

(5) When a supplier replies to a request for further information, the Authority must within 28 days after receiving the reply—

(a)notify the supplier of its decision; or

(b)if the Authority still requires further information before determining the notification, request that information from the supplier.

(6) If the Authority refuses to approve a supplier’s notification, or part of a notification, the Authority must give reasons for its refusal.

Determination of amounts spent by scheme suppliers

29.—(1) The Authority must, in respect of each scheme year, determine as soon as reasonably practicable after the end of the scheme year—

(a)the total amount of rebates provided in the scheme year, or treated as being provided in the scheme year, by each scheme electricity supplier under Part 3;

(b)the total amount of rebates provided in the scheme year by each compulsory scheme electricity supplier under Chapter 2 of Part 4; and

(c)the total amounts of—

(i)legacy spending under Chapter 3 of Part 4; and

(ii)spending on industry initiatives under Chapter 4 of Part 4,

incurred by, or treated as being incurred by, each compulsory scheme electricity supplier which that supplier may count towards its non-core spending obligation for the scheme year; and

(d)the total amount of spending incurred by, or treated as being incurred by, each compulsory scheme electricity supplier (being the sum of the amounts determined for that supplier under sub-paragraphs (b) and (c)) which that supplier may count towards its non-core spending obligation for the scheme year.

Provision of information to the Authority

30.—(1) The Authority may request from a scheme supplier such information as the Authority requires for the purpose of carrying out any of its functions in relation to the Warm Home Discount scheme.

(2) A request under paragraph (1) may specify—

(a)the date by which the information is to be provided; and

(b)the form in which the information is to be provided.

(3) A scheme supplier must comply with a request under paragraph (1).

Reviews of the scheme

31.  The Secretary of State must conduct a review—

(a)of the scheme, if the Secretary of State is satisfied that a review would be desirable because of a significant change in circumstances since the commencement of the scheme;

(b)of any aspect of the operation of the scheme, if the Secretary of State is satisfied that a review would be desirable because that aspect of the scheme is not, or may not be, operating effectively or its effectiveness could be improved.

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