Explanatory note

These Regulations prescribe the procedure by which the Gas and Electricity Markets Authority (the “Authority”) may make a determination on a competitive basis of the person who is to be selected to be the code manager in relation to a document designated by the Secretary of State under section 182(1)(a) of the Energy Act 2023 (c. 52).

Regulation 3 requires the Authority to determine whether the competition is to be open to anyone or only those invited to apply by the Authority.

Regulation 4 precludes the selection of any person with a conflict of interest, subject to certain exceptions.

Regulation 5 requires the Authority to prepare selection criteria before the start of the competitive selection exercise. Regulation 6 requires this, and other information, to be set out in a notice.

Regulation 7 requires the Authority to assess any applications against the selection criteria and make a determination of the person it proposes to select as the code manager. It requires the Authority to consult of the proposed selection before making a final determination taking account of any representations.

Regulation 8 sets out the circumstances in which a competitive selection exercise may be cancelled and regulation 9 sets out the circumstances in which an applicant may be disqualified. Regulation 10 makes provision regarding the publication of any notices required by these Regulations.