The Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2019

Amendment of the Principal Regulations

3.  After regulation 6 (Reconnection) of the Principal Regulations insert—

“Identification of erroneous transfers

6A.— (1) This regulation applies where a customer notifies their old supplier or their new supplier that the customer believes that they have been transferred without a valid contract with the new supplier.

(2) This regulation does not apply where a customer is transferred to a supplier appointed by the Authority following a last resort supply direction being given within 20 working days of notification described in paragraph (1).

(3) Where this regulation applies, the old supplier and the new supplier must within 20 working days of the customer notification, agree whether the customer has been transferred without a valid contract.

(4) For the purposes of paragraph (1)—

(a) where—

(i) the supplier has advised a customer of a particular postal address that is appropriate for receipt of the notification described in paragraph (1); and

(ii) the customer notifies the supplier of that information by post alone, the information is to be treated as received by the supplier when it is received at that particular postal address; and

(b) where notification is given to the supplier outside working hours, the period of time within which the individual standard of performance must be completed begins to run at the commencement of the next following period of working hours.

Investigation of erroneous transfers

6B.— (1) This regulation applies where a customer has notified the old supplier or new supplier that the customer believes the customer has been transferred without a valid contract.

(2) This regulation does not apply where a customer is transferred to a supplier appointed by the Authority following a last resort supply direction being given within 20 working days of notification described in paragraph (1).

(3) Where paragraph (1) applies, the supplier who initially receives the notification from the customer within 20 working days of that customer notification must take either of the steps set out in subparagraphs (a) or (b)—

(a) where the old supplier and new supplier have agreed that the customer has been transferred without a valid contract, provide written confirmation that the customer will be returned to their old supplier; or

(b) provide the customer with a written statement confirming the outcome of the investigations carried out by the old supplier and new supplier.

Resolution of erroneous transfers

6C.— (1) This regulation applies where—

(a) a customer has notified the old supplier or new supplier that the customer believes the customer has been transferred without a valid contract; and

(b) the old supplier and new supplier have agreed that the customer has been transferred without a valid contract.

(2) This regulation does not apply where a customer is transferred to a supplier appointed by the Authority following a last resort supply direction being given within 21 working days of the agreement described in paragraph (1)(b).

(3) Where paragraph (1) applies, the old supplier must within 21 working days of the agreement referred to in paragraph (1)(b), re-register the customer with the old supplier.

Credit balances

6D.— (1) This regulation applies where—

(a) a supplier no longer has responsibility for the supply of electricity or gas to the customer where—

(i) a customer transfers to another supplier under a valid contract; or

(ii) a supplier’s responsibility for the supply of electricity or gas to the customer has otherwise terminated.

(2) This regulation does not apply where responsibility for a supply of electricity or gas to a customer transfers (from one supplier to another) without a valid contract.

(3) Where paragraph (1) applies, a supplier must within 10 working days of issuing a customer’s final bill, or if applicable, corrected final bill, refund any outstanding credit balance to the customer.

(4) For the purposes of paragraph (3), where a supplier is to issue the refund by cheque, a supplier must dispatch the cheque in good time such that the customer will receive the refund within 10 working days of the issue of the customer’s final bill, or if applicable, corrected final bill.

(5) In this regulation—

“corrected final bill” means any final bill issued that makes corrections to the previously issued final bill.”.