Energy Prices Act 2022

7 NI gas scheme: supplementary provision N.I.

(1) This section—

(a) applies in relation to a domestic gas price reduction scheme for Northern Ireland 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 NI 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) The Northern Ireland Regulator may give an NI domestic gas supplier directions in relation to the supplier’s performance of the terms of the designated scheme.

(4) An NI domestic gas supplier must comply with any direction given to it under subsection (3).

(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 Article 41B(3)(k) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (enforcement by the Northern Ireland Regulator) 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) Regulations under this section are subject to the negative procedure.

Commencement Information

I1 S. 7 in force at Royal Assent, see s. 30(6)