The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out performance standards which must be met by gas and electricity suppliers (“suppliers”). The Regulations revoke and replace the provisions of the Gas (Standards of Performance) Regulations 2005 (“the Principal Regulations”) and the Electricity (Standards of Performance) Regulations 2015 (“the 2015 Regulations”) which applied to suppliers.

In addition to replacing provisions contained in the Principal Regulations and the 2015 Regulations, these Regulations include a standard of performance in relation to reconnecting customers, which was previously contained in the standards of overall performance determined by the Authority under section 33B of the Gas Act 1986 (“the Gas Act”) in December 2001 and the standards of overall performance determined by the Authority under section 40 of the Electricity Act 1989 (“the Electricity Act”) in September 2002. Those standards of overall performance were revoked by the Authority with effect from 1st January 2016 (subject to regulation 1(4) of these Regulations).

These Regulations prescribe performance standards in relation to—

• making and keeping appointments (regulation 3);

• fixing faulty meters and prepayment meters (regulations 4 and 5); and

• reconnection after disconnection for unpaid charges (regulation 6).

Regulation 7 makes provision concerning distributed payments which are received by a supplier for onward transmission to the supplier’s customer. Regulation 8 increases to £30 the sum which a supplier must pay to a customer by way of compensation for failure to meet the performance standards. There are exceptions and limitations on the supplier’s payment obligations in regulation 9. Regulation 10 makes provision about the statement which suppliers must prepare describing the requirements of these Regulations.

The Schedule sets out the dispute resolution procedure for any dispute under these Regulations, section 33A of the Gas Act or section 39 of the Electricity Act, which is referred to the Authority for determination under section 33AB(1) of the Gas Act or section 39B(1) of the Electricity Act. Regulations 12 to 14 make consequential amendments and revocations to the Principal Regulations and the 2015 Regulations.

These Regulations refer to:

• licences granted by the Authority under section 7A of the Gas Act and section 6 of the Electricity Act, which can be viewed online at https://www.ofgem.gov.uk/licences-codes-and-standards/licences or at the offices of Ofgem, 9 Millbank, London, SW1P 3GE within regular working hours;

• the standards of overall performance determined by the Authority under section 33BA of the Gas Act, which can be viewed online at https://www.ofgem.gov.uk/publications-and-updates/gas-transporters-overall-standards-performance or at the offices of Ofgem, 9 Millbank, London, SW1P 3GE within regular working hours; and

• the standards of overall performance determined under section 33B of the Gas Act in December 2001 and the standards of overall performance determined under section 40 of the Electricity Act in September 2002, which were revoked by the Authority with effect from 1st January 2016 (subject to regulation 1(4) of these Regulations) and which can be viewed at the offices of Ofgem, 9 Millbank, London, SW1P 3GE within regular working hours.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.