The Warm Home Discount (Scotland) Regulations 2022

Determination of scheme customers by the Secretary of State

8.—(1) The Secretary of State may in any scheme year give a notice (a “rebate notice”) to a scheme electricity supplier specifying persons to whom the supplier must provide the prescribed rebate in accordance with regulation 9.

(2) The Secretary of State may give a scheme electricity supplier more than one rebate notice in a scheme year.

(3) In scheme year 15, a rebate notice may not be given after 1st March 2026.

(4) A rebate notice containing personal information (within the meaning of section 40(5) of the Digital Economy Act 2017(1)) may only be given if—

(a) the personal information is given with the consent of the person to whom it relates;

(b) regulations are in force under section 142 of the Pensions Act 2008(2) and those regulations authorise the Secretary of State to provide the supplier with the personal information contained in the notice; or

(c) the Secretary of State is authorised by section 36 of the Digital Economy Act 2017(3) to provide the electricity supplier with the personal information contained in the notice.

(5) The Secretary of State may not specify a person (“P”) in a rebate notice unless it appears to the Secretary of State that—

(a) P is a Scotland domestic customer of the scheme electricity supplier;

(b) the premises at which P is supplied, or is treated as supplied, with electricity (“the qualifying premises”) are occupied by P as their sole or main residence; and

(c) P, or, where both P and P’s partner occupy the qualifying premises as their sole or main residence, P or P’s partner, is in receipt of guarantee credit.

(1)

2017 c. 30.

(2)

2008 c. 30.

(3)

Section 36 was amended by S.I. 2018/912.