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The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023

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  1. Introductory Text

  2. PART 1 Introductory

    1. CHAPTER 1 Preliminary

      1. 1.Citation, commencement and extent

      2. 2.Interpretation

    2. CHAPTER 2 Energy Bills Discount Scheme

      1. 3.Application

      2. 4.Energy in scope of the scheme

      3. 5.Making of rules

    3. CHAPTER 3 Basic terms of the scheme

      1. 6.Scheme periods

      2. 7.Government supported price and maximum discount

  3. PART 2 Discounted supply price

    1. CHAPTER 1 Determination of prices

      1. 8.Supply price

      2. 9.Reference wholesale price – fixed price, variable price and DAI price contracts

      3. 10.Reference wholesale price – flexible price contracts

    2. CHAPTER 2 Categorisation of supply contracts

      1. 11.Duty of supplier to categorise contracts

      2. 12.Methodology for contract categorisation

      3. 13.Treatment of supply contracts

      4. 14.Treatment of fixed price contracts at end of term

    3. CHAPTER 3 Energy and Trade Intensive Industries and Domestic Heat Consumers

      1. 15.Interpretation of this Chapter

      2. 16.Energy and trade intensive industries: applications for certificates

      3. 17.Qualifying heat suppliers: applications for certificates

      4. 18.ETII customers

      5. 19.QHS customers

      6. 20.Benefit Calculation Periods

      7. 21.Determination and redetermination of ETII and QHS proportions

      8. 22.ETII and QHS proportions

      9. 23.Separate supply contracts

      10. 24.Supply redetermination event

      11. 25.Duties of providers

      12. 26.Chapter 3 default

      13. 27.Chapter 3 rules

    4. CHAPTER 4 Discounting supply price under supply contracts

      1. 28.Calculation of base discount

      2. 29.Calculation of discount

      3. 30.Duty of suppliers to provide the discount

      4. 31.Consequences of change in contract categorisation

  4. PART 3 Discount recovery

    1. CHAPTER 1 Entitlements in respect of discount recovery

      1. 32.Entitlements in respect of discount recovery

      2. 33.Determination of amounts subject to discount recovery

      3. 34.Payment of amounts in respect of discount recovery

      4. 35.Assignment of rights in respect of payment

      5. 36.Absolute right of Secretary of State to recover

    2. CHAPTER 2 Withholding of payments in respect of discount recovery

      1. 37.Rights of Secretary of State to withhold payment

      2. 38.Release of amounts withheld

    3. CHAPTER 3 Reconciliation run-off

      1. 39.Reconciliation run-off

    4. CHAPTER 4 Procedure for discount recovery

      1. 40.Submission of a valid discount recovery claim

      2. 41.Invalid, erroneous or absent discount recovery claims

      3. 42.Reporting details of Part 4 arrangements

      4. 43.Discount recovery rules

      5. 44.Claim windows

      6. 45.Delegation of functions related to discount recovery

  5. PART 4 Adjustment of discount or supply quantity in certain cases

    1. CHAPTER 1 Arrangements in respect of customer’s financial exposure to wholesale price

      1. 46.Interpretation of this Chapter

      2. 47.Application of this Chapter

      3. 48.Customer declaration where this Chapter applies

      4. 49.Adjustment of discount

      5. 50.Rules in relation to this Chapter

    2. CHAPTER 2 Arrangements for customer to deliver electricity to the grid

      1. 51.Interpretation of this Chapter

      2. 52.Application of this Chapter

      3. 53.Customer declaration where this Chapter applies

      4. 54.Determination of ineligible quantity

      5. 55.Rules in relation to this Chapter

    3. CHAPTER 3 Abuse of scheme

      1. 56.Interpretation of this Chapter

      2. 57.Application of this Chapter and declaration of abusive arrangement

      3. 58.Reduction of discount

      4. 59.Rules in relation to this Chapter

    4. CHAPTER 4 Declarations to be made where customer is making energy available to end users outside Northern Ireland

      1. 60.Interpretation of this Chapter

      2. 61.Application of this Chapter

      3. 62.Customer declaration where this Chapter applies

      4. 63.Determination of non-qualifying quantity

      5. 64.Rules in relation to this Chapter

  6. PART 5 Further provisions

    1. CHAPTER 1 Duties of suppliers in connection with the scheme

      1. 65.Increases in charges and other changes in relation to supply contracts

    2. CHAPTER 2 Deemed terms of supply contracts

      1. 66.Deemed terms of supply contracts

    3. CHAPTER 3 Reporting, information requests and audit

      1. 67.Regular reporting by suppliers

      2. 68.Information requests

      3. 69.Audit

      4. 70.Purposes for which powers under this Chapter may be exercised

      5. 71.Application of data protection legislation

    4. CHAPTER 4 Certain determinations made under the Regulations

      1. 72.Interpretation of this Chapter

      2. 73.Referrals in respect of disagreement between contract parties

      3. 74.Power of the Secretary of State to make determinations

      4. 75.Review of decisions of the Secretary of State

      5. 76.Rules in relation to this Chapter

    5. CHAPTER 5 Enforcement

      1. 77.Supplier obligations enforceable as relevant requirements

      2. 78.Requirement to apply for a QHS certificate

      3. 79.Civil penalties for customers

      4. 80.Civil penalties for defaulting persons

    6. CHAPTER 6 Notices, EBRS actions, amendment of EBRS Regulations

      1. 81.Notices

      2. 82.EBRS actions

      3. 83.Amendment of EBRS Regulations

  7. Signature

    1. SCHEDULE 1

      Modification of Schedule 4 of the Heat Network (Metering and Billing) Regulations 2014 for the purposes of regulation 78(1)

      1. 1.In paragraph 1, omit the words “, an enforcement undertaking”....

      2. 2.After paragraph 1, insert— Interpretation In this Schedule— “authorised person” means the Secretary of State;...

      3. 3.In paragraph 2— (a) for sub-paragraph (1) substitute—

      4. 4.Omit paragraphs 8 to 13.

      5. 5.In paragraph 14— (a) for sub-paragraph (1) substitute—

      6. 6.In paragraph 17 omit sub-paragraph (5).

      7. 7.The requirement in paragraph 18 (consultation on guidance) does not...

      8. 8.In paragraph 19— (a) in sub-paragraph 1(a) omit “; and”;...

    2. SCHEDULE 2

      Actions under EBRS which are treated as done under the scheme

  9. Explanatory Note

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