SCHEDULES

F3SCHEDULE 4BProvisions imposing obligations enforceable as relevant requirements

Section 28(8)

Annotations:
Amendments (Textual)

1All licence holders

The following are relevant provisions in relation to all licence holders F2(except the holder of a smart meter communication licence) —

a

section 33DB;

b

section 33F;

c

in the Consumers, Estate Agents and Redress Act 2007—

i

section 25(5) (directions to comply with requirements under section 24 of that Act),

ii

sections 43, 46 and 47 (complaints);

d

Article 18(6) of the Gas Regulation (duties to make available information about gas demand and supply).

2Gas transporters

The following are relevant provisions in relation to all holders of a licence under section 7—

a

section 9(1), (1A) and (2);

b

section 10(2), (3) and (14);

c

section 10A(1);

d

section 11(2);

e

section 12(1) and (6);

f

section 16(10);

g

section 18(11);

h

section 22A(1);

i

section 27A(5);

j

section 33BA;

k

section 33C;

l

section 33D;

m

paragraphs 3, 6, 15, 16 and 28(2) of Schedule 2B;

n

sections 26 to 29 of the Energy Act 2010 (adjustment of charges to help disadvantaged groups of customers).

3Persons required to be certified as to independence

The following are relevant provisions in relation to a person who holds a licence under section 7 or 7ZA and is required to be certified under section 8F—

a

section 8C;

b

section 8D(4) and (6);

c

section 8L(2) and (4);

d

in the Gas Regulation—

i

Article 3(3) (duty to supply information relating to certification of transmission system operators),

ii

Article 4 (duty to cooperate through the ENTSO for Gas),

iii

Article 11 (duty to pay costs of the ENTSO for Gas),

iv

Article 12(1) and (2) (duties relating to regional cooperation),

v

Article 13 (duties relating to tariffs for access to networks),

vi

Article 14 (duties relating to third-party access services),

vii

Article 16 (duties relating to capacity allocation and congestion management),

viii

Article 18(1), (2), (3) and (5) (transparency requirements concerning transmission system operators),

ix

Article 19(4) (publication requirements concerning storage facilities and LNG facilities),

x

Article 20 (duty to keep records),

xi

Article 21 (duties relating to balancing rules and imbalance charges),

xii

Article 22 (duties relating to trading of capacity rights);

e

in Annex 1 to the Gas Regulation (guidelines)—

i

points 1 to 10 under heading 1 (duties relating to third-party access services),

ii

points 1 to 6 under sub-heading 2.1 (duties relating to capacity allocation and congestion management),

F4iii

points 2.2.1(3), 2.2.2, 2.2.3, 2.2.4 and 2.2.5 under sub-heading 2.2 (duties relating to congestion management procedures in the event of contractual congestion),

iv

points 3.1.1 and 3.1.2 under sub-heading 3.1 (duties concerning publication of technical information necessary for access to the system),

v

points 2 and 3 under sub-heading 3.2 (duties concerning publication of information for certain relevant points of the network),

vi

points 1 to 5 under sub-heading 3.3 (duties concerning publication of information at all relevant points of the network),

vii

points 1 to 7 under sub-heading 3.4 (duties concerning publication of information about the transmission system).

4Gas suppliers and gas shippers

The following are relevant provisions in relation to the holder of a licence under section 7A—

a

section 27A(6);

b

sections 33Band 33C;

c

paragraph 3(4) of Schedule 2AA;

d

paragraphs 3, 6 and 28(2) of Schedule 2B;

e

in the Energy Act 2010—

i

sections 9 and 11 (schemes for reducing fuel poverty),

ii

sections 26 to 29 (adjustment of charges to help disadvantaged groups of customers).

5Distribution exemption holders

The following paragraphs of Schedule 2AA are relevant provisions in relation to a distribution exemption holder—

a

paragraph 1(3), (4) and (6) to (8);

b

paragraph 2(2) to (4), (6) and (9);

c

paragraph 3(6), (12)(a) and (13);

d

paragraph 5(1) to (4), (6), (8) and (9);

e

paragraph 6(2);

f

paragraph 7(3) and (4);

g

paragraph 8(3) and (8);

h

paragraph 9;

i

paragraph 13(2);

j

paragraph 14(5), (6), (9) and (12);

k

paragraph 15(1).

6Supply exemption holders

The following are relevant provisions in relation to a supply exemption holder—

a

paragraph 3(4) of Schedule 2AA;

b

the following paragraphs of Schedule 2AB—

i

paragraph 1(2), (3), (6) and (7),

ii

paragraph 2(6),

iii

paragraph 3(1) and (3),

iv

paragraph 4,

v

paragraph 5(1), (6) and (8),

vi

paragraph 6.

7Owners of storage facilities

The following are relevant provisions in relation to an owner of a storage facility—

a

section 8R(2), (3), (4), (6) and (7);

b

section 11A(2);

c

section 11C;

d

section 19B(1), (3), (3A), (3B), (7) and (11);

e

section 19E(2) and (3);

f

in the Gas Regulation—

i

Article 15 (duties relating to third-party access services),

ii

Article 17 (duties relating to capacity allocation and congestion management),

iii

Article 19 (transparency requirements concerning storage facilities),

iv

Article 20 (duty to keep records),

v

Article 22 (duties relating to trading of capacity rights).

8Owners of LNG import or export facilities

The following are relevant provisions in relation to an owner of an LNG import or export facility—

a

section 11A(2);

b

section 11B;

c

section 11C;

d

section 19D(1), (2A), (2B), (3), (7) and (11);

e

section 19E(2) and (3);

f

in the Gas Regulation—

i

Article 15(1) and (3) to (5) (duties relating to third-party access services),

ii

Article 17 (duties relating to capacity allocation and congestion management),

iii

Article 19 (transparency requirements concerning LNG facilities),

iv

Article 20 (duty to keep records),

v

Article 22 (duties relating to trading of capacity rights).

9Gas undertakings which are relevant producers or suppliers

The following are relevant provisions in relation to a gas undertaking which is a relevant producer or supplier—

a

section 8D(5) and (6);

b

section 8L(3) and (4);

c

section 10B(5) and (6) of the Electricity Act 1989 (duties concerning supply of information for application for certification as to independence);

d

section 10J(3) and (4) of that Act (duties concerning supply of information for review of certification as to independence);

e

Article 3(3) of the Gas Regulation (duty to supply information relating to certification of gas transmission system operators);

f

Article 3(3) of the Electricity Regulation (duty to supply information relating to certification of electricity transmission system operators).

9AF1Smart meter communication licence holders

The following are relevant provisions in relation to the holder of a smart meter communication licence—

a

section 33F; and

b

section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act).

F510Interpretation

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