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5.—(1) A relevant supplier must notify the Authority of the number of that supplier’s GB domestic customers on the preceding 31st December by—
(a)the 21st day after the commencement day;
(b)1st February, in 2023, 2024 and 2025.
(2) In this regulation “relevant supplier” means—
(a)a licensed electricity supplier(1); or
(b)a licensed gas supplier(2) who, on the preceding 31st December, was connected to a licensed electricity supplier.
(3) If a relevant supplier does not notify the Authority in accordance with paragraph (1), the Authority must determine the supplier’s number of GB domestic customers on the preceding 31st December.
(4) But if—
(a)before the commencement day, a relevant supplier has notified the Authority of the number of that supplier’s GB domestic customers on 31st December 2021 (the “original notification”); and
(b)the relevant supplier does not notify the Authority in accordance with paragraph (1)(a) of a change in the number of that supplier’s GB domestic customers,
the Authority must treat the original notification as the relevant supplier’s notification under paragraph (1)(a).
(5) For the purposes of paragraphs (1) to (4), a relevant supplier’s number of GB domestic customers on the preceding 31st December is the number of GB domestic customers to whom the supplier supplies—
(a)electricity (other than as part of the supply of dual fuel);
(b)gas (other than as part of the supply of dual fuel); and
(c)dual fuel,
on that date.
(6) For the purposes of paragraph (5)—
(a)“dual fuel” means electricity and gas, where both are supplied to a GB domestic customer at the same domestic premises by a person who is both a licensed electricity supplier and a licensed gas supplier;
(b)a supply of dual fuel to a GB domestic customer is to be treated as a supply to two GB domestic customers.
(7) For the purposes of the remaining provisions of these Regulations, a reference to a supplier’s number of GB domestic customers is a reference to that supplier’s number of GB domestic customers as notified, or treated as notified, under paragraph (1) or, as the case may be, determined under paragraph (3).
“Licensed electricity supplier” is defined in section 15(5) of the Energy Act 2010.
“Licensed gas supplier” is defined in section 15(5) of the Energy Act 2010.
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