I1SCHEDULE 2Actions under EBRS which are treated as done under the scheme
Provision of EBRS Regulations | Provision of these Regulations | Person by whom decision, communication or action made, given or taken | Description of decision, communication or action (by reference to provisions of the EBRS Regulations, where relevant) |
|---|---|---|---|
4(4) | 4(4) | A customer | Giving opt-out notice |
4(5) | 4(5) | A customer | Giving notice withdrawing opt-out notice |
11(4)(a) | 10(4)(a) | A supplier | Establishing methodology for determining reference wholesale price for flexible supply contracts |
14(1)(a) | 11(1)(c) | A supplier | Determination to treat a supply contract as comprising more than one supply contract |
14(1)(b) | 11(1)(a) | A supplier | Determination whether a supply contract is a fixed price contract, flexible price contract or variable price contract |
14(1)(c) | 11(1)(b) | A supplier | Determination in relation to a fixed price contract of price fix date, and whether it is an excluded fixed price contract |
14(2) | 11(3) | A supplier | Giving notice of determinations under regulation 14(1) |
16(a) | 12(a) | A supplier | Establishing a methodology for determinations under regulation 14 |
38(1)(b) | 48(1)(b) | A customer | Sending a declaration that Chapter 1 of Part 4 applies to a supply contract |
38(2) | 48(2) | A supplier | Determining and giving notice of whether either circumstance in regulation 37(1)(a) applies |
43(1)(b) | 53(1)(b) | A customer | Sending a declaration that Chapter 2 of Part 4 applies to a supply contract |
43(2) | 53(2) | A supplier | Determining and giving notice of whether either circumstance in regulation 42(1)(a) applies |
47(2) | 57(2) | A customer or a supplier | Sending a declaration that Chapter 3 of Part 4 applies to a supply contract |
52(1) | 62(1) | A customer | Determining and sending a determination that Chapter 4 of Part 4 applies to a supply contract |
52(2) | 62(2) | A supplier | Determining and giving customer notice where either circumstance in regulation 51(1)(a) applies |
53(2) | 63(2) | A supplier | Give notice to the customer of each periodic declaration date and the declaration period where Chapter 4 of Part 4 applies and make the necessary declarations |
53(2) | 63(2) | A customer | Determining and sending a declaration of the non-qualifying quantity |
68(3)(b) | 73(3)(b) | Secretary of State | Determination of a Part 2 or Part 4 matter referred to the Secretary of State |
69(2) | 74(2) | Secretary of State | Determination of a Part 2 or Part 4 matter |
70(4)(c) | 75(6)(e) | Secretary of State | Reconsidered decision |
Sch. 2 in force at 26.4.2023, see reg. 1(1)