Amendments to regulation 5 (scheme suppliers)
6. In regulation 5—
(a)in paragraph (4), for “any scheme year” substitute “any of the scheme years 1 to 7”;
(b)after paragraph (4) insert—
“(4A) A licensed electricity supplier is a voluntary scheme electricity supplier—
(a)in relation to scheme year 8, if—
(i)the supplier is not a compulsory scheme electricity supplier; and
(ii)the supplier gives notice to the Authority on or before the 14th day after the fourth commencement date that the supplier wishes Part 3 of these Regulations to apply to it;
(b)in relation to a subsequent scheme year, if—
(i)the supplier is not a compulsory scheme electricity supplier or a compulsory smaller electricity supplier; and
(ii)the supplier gives notice to the Authority by 14th February preceding the start of the scheme year that the supplier wishes Part 3 of these Regulations to apply to it.”;
(c)after paragraph (5) insert—
“(6) In relation to scheme year 9, or a subsequent scheme year, a person is a compulsory smaller electricity supplier if—
(a)that person—
(i)is a licensed electricity supplier;
(ii)is not a compulsory scheme electricity supplier; and
(iii)supplied electricity to domestic customers on the 31st December preceding the start of the scheme year; and
(b)at least one of the conditions in paragraph (7) is satisfied.
(7) The conditions referred to in paragraph (6)(b) are that—
(a)the supplier had at least the relevant number of domestic customers on the 31st December preceding the start of the scheme year; or
(b)the supplier and any licensed electricity suppliers and licensed gas suppliers which were connected to the supplier on the 31st December preceding the start of the scheme year together had at least the relevant number of domestic customers on the 31st December preceding the start of the scheme year.
(8) For the purposes of paragraph (7), the “relevant number” is—
(a)in relation to scheme year 9, 200,000;
(b)in relation to a subsequent scheme year, 150,000.”.