The Energy Bill Relief Scheme Regulations 2022

Interpretation of this Chapter E+W+S

62.—(1) In this Chapter—

(a) “applicant” in relation to a review request, means the supplier or, under regulation 65(1), customer making the request;

(b) reference to a “determination” includes a redetermination;

(c) “Part 2 or Part 4 matter” means any matter which is to be determined or declared in relation to a supply contract by a supplier or customer under Part 2 or Part 4;

(d) “Part 3 decision” means a decision by the Secretary of State—

(i) under regulation 27, to withhold payment to a supplier of any amount in respect of a recovery claim amount;

(ii) under regulation 28, as to the release of an amount withheld under regulation 27;

(iii) under regulation 29, as to the reconciliation cut-off date in relation to any supplier;

(iv) under regulation 31(1), to decline to make payment (in whole or part) in respect of a discount recovery claim on the grounds of invalidity;

(v) under regulation 31(2), to adjust the amount of a discount recovery claim;

(vi) under regulation 31(3), to give a notice that is to be treated as a discount recovery claim;

(e) “other party” in relation to a review request under regulation 65(1), means the contract party which is not the applicant;

(f) “reconsidered decision” has the meaning given in regulation 65(4)(c)(i);

(g) “relevant decision” in relation to a review request, means the determination or decision in respect of which the request is made;

(h) a “review request” is a request made to the Secretary of State under regulation 65(1) or (2).

(2) For the purposes of this Chapter a referral under regulation 63 or a review request does not meet the applicable threshold if—

(a) it is vexatious or frivolous,

(b) the financial consequences for the applicant or (where applicable) the other party of a determination under regulation 63(3) or a reconsidered decision would not be material, or

(c) the referral or review request is not made within a period which (in all the circumstances) is reasonable after—

(i) the customer was notified or otherwise informed of the supplier’s determination referred to in regulation 63(1)(a), or

(ii) (as the case may be) the relevant decision was made.

Commencement Information

I1 Reg. 62 in force at 1.11.2022, see reg. 1(1)