The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023

Meaning of “scheme benefit” etc.

3.—(1) In these Regulations, “ scheme benefit” means—

(a) the discount applied to the supply price under a QHS supply contract between an energy supplier and an intermediary in any billing period under regulation 29 of the EBDS Regulations or regulation 30(1)(b) of the NI EBDS Regulations, expressed as an amount in pounds sterling or in pounds sterling per kWh of energy; or

(b) where the intermediary is also an end user, the pass-through amount provided to the end user under these Regulations,

and the amount of any scheme benefit excludes any SRE adjustment.

(2) A scheme benefit is provided to an intermediary—

(a) when the energy supplier informs the intermediary under regulation 30(1)(d) of the EBDS Regulations of the discount that has been applied to the supply price under the QHS supply contract;

(b) when the energy supplier informs the intermediary under regulation 31(1)(d) of the NI EBDS Regulations of the discount that has been applied to the supply price under the QHS supply contract; or

(c) where the intermediary is also an end user, when a pass-through amount is provided to it under these Regulations.

(3) An SRE adjustment is provided to an intermediary—

(i) when the energy supplier informs the intermediary of the SRE adjustment under regulation 24(2)(e) of the EBDS Regulations or the NI EBDS Regulations; or

(ii) where the intermediary is also an end user, when a pass-through amount comprising the SRE adjustment is provided to it under these Regulations.

(4) A scheme benefit or an SRE adjustment that has been provided to an intermediary is not treated as having been provided to the extent that the intermediary has notified the energy supplier that the discount or SRE adjustment has been provided in error and the intermediary is taking reasonable steps to correct the error.

(5) In this regulation—

“energy supplier” means a licensed electricity supplier(1) or a licensed gas supplier(2); and

“supply price” has the meaning given in regulation 8 of the EBDS Regulations or regulation 8 of the NI EBDS Regulations.

(1)

See section 10(2) of the Act for the meaning of this term in England and Wales and Scotland and section 12(2) of the Act for the meaning of this term in Northern Ireland.

(2)

See section 10(6) of the Act for the meaning of this term in England and Wales and Scotland and section 12(5) of the Act for the meaning of this term in Northern Ireland.