The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023
PART 1Introductory
CHAPTER 1Preliminary
1Citation, commencement and extent
2Interpretation
CHAPTER 2Energy Bills Discount Scheme
3Application
4Energy in scope of the scheme
5Making of rules
CHAPTER 3Basic terms of the scheme
6Scheme periods
7Government supported price and maximum discount
PART 2Discounted supply price
CHAPTER 1Determination of prices
8Supply price
9Reference wholesale price – fixed price, variable price and DAI price contracts
10Reference wholesale price – flexible price contracts
CHAPTER 2Categorisation of supply contracts
11Duty of supplier to categorise contracts
12Methodology for contract categorisation
13Treatment of supply contracts
14Treatment of fixed price contracts at end of term
CHAPTER 3Energy and Trade Intensive Industries and Domestic Heat Consumers
15Interpretation of this Chapter
16Energy and trade intensive industries: applications for certificates
17Qualifying heat suppliers: applications for certificates
18ETII customers
19QHS customers
20Benefit Calculation Periods
21Determination and redetermination of ETII and QHS proportions
22ETII and QHS proportions
23Separate supply contracts
24Supply redetermination event
25Duties of providers
26Chapter 3 default
27Chapter 3 rules
CHAPTER 4Discounting supply price under supply contracts
28Calculation of base discount
29Calculation of discount
30Duty of suppliers to provide the discount
31Consequences of change in contract categorisation
PART 3Discount recovery
CHAPTER 1Entitlements in respect of discount recovery
32Entitlements in respect of discount recovery
33Determination of amounts subject to discount recovery
34Payment of amounts in respect of discount recovery
35Assignment of rights in respect of payment
36Absolute right of Secretary of State to recover
CHAPTER 2Withholding of payments in respect of discount recovery
37Rights of Secretary of State to withhold payment
38Release of amounts withheld
CHAPTER 3Reconciliation run-off
39Reconciliation run-off
CHAPTER 4Procedure for discount recovery
40Submission of a valid discount recovery claim
41Invalid, erroneous or absent discount recovery claims
42Reporting details of Part 4 arrangements
43Discount recovery rules
44Claim windows
45Delegation of functions related to discount recovery
PART 4Adjustment of discount or supply quantity in certain cases
CHAPTER 1Arrangements in respect of customer’s financial exposure to wholesale price
46Interpretation of this Chapter
47Application of this Chapter
48Customer declaration where this Chapter applies
49Adjustment of discount
50Rules in relation to this Chapter
CHAPTER 2Arrangements for customer to deliver electricity to the grid
51Interpretation of this Chapter
52Application of this Chapter
53Customer declaration where this Chapter applies
54Determination of ineligible quantity
55Rules in relation to this Chapter
CHAPTER 3Abuse of scheme
56Interpretation of this Chapter
57Application of this Chapter and declaration of abusive arrangement
58Reduction of discount
59Rules in relation to this Chapter
CHAPTER 4Declarations to be made where customer is making energy available to end users outside Northern Ireland
60Interpretation of this Chapter
61Application of this Chapter
62Customer declaration where this Chapter applies
63Determination of non-qualifying quantity
64Rules in relation to this Chapter
PART 5Further provisions
CHAPTER 1Duties of suppliers in connection with the scheme
65Increases in charges and other changes in relation to supply contracts
CHAPTER 2Deemed terms of supply contracts
66Deemed terms of supply contracts
CHAPTER 3Reporting, information requests and audit
67Regular reporting by suppliers
68Information requests
69Audit
70Purposes for which powers under this Chapter may be exercised
71Application of data protection legislation
CHAPTER 4Certain determinations made under the Regulations
72Interpretation of this Chapter
73Referrals in respect of disagreement between contract parties
74Power of the Secretary of State to make determinations
75Review of decisions of the Secretary of State
76Rules in relation to this Chapter
CHAPTER 5Enforcement
77Supplier obligations enforceable as relevant requirements
78Requirement to apply for a QHS certificate
79Civil penalties for customers
80Civil penalties for defaulting persons
CHAPTER 6Notices, EBRS actions, amendment of EBRS Regulations
81Notices
82EBRS actions
83Amendment of EBRS Regulations
SCHEDULE 1Modification of Schedule 4 of the Heat Network (Metering and Billing) Regulations 2014 for the purposes of regulation 78(1)
1In paragraph 1, omit the words “, an enforcement undertaking”....
2After paragraph 1, insert— Interpretation In this Schedule— “authorised person” means the Secretary of State;...
3In paragraph 2— (a) for sub-paragraph (1) substitute—
4Omit paragraphs 8 to 13.
5In paragraph 14— (a) for sub-paragraph (1) substitute—
6In paragraph 17 omit sub-paragraph (5).
7The requirement in paragraph 18 (consultation on guidance) does not...
8In paragraph 19— (a) in sub-paragraph 1(a) omit “; and”;...
SCHEDULE 2Actions under EBRS which are treated as done under the scheme

2023 No. 454

Energy, Northern Ireland

The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023

Approved by both Houses of Parliament

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(1) to (4), 26(2) and 27(2) of, and Schedule 2 to, the Energy Prices Act 20221.