Explanatory note

These Regulations, which apply in Great Britain, make provision for the selection by the Gas and Electricity Markets Authority (the “Authority”) of a person to which a licence is to be granted to act as code manager in relation to a document designated by the Secretary of State under section 182(1)(b) of the Energy Act 2023.

Regulation 2 sets out key terms used in the Regulations.

Regulation 3 provides for the determination by the Authority whether to select a code manager on a competitive or non-competitive basis (as described in section 187(1) of the Act), and the circumstances in which the Authority may change that determination.

Regulation 4 makes provision to ensure that no person with a conflict of interest is selected as a code manager.

Regulation 5 sets out the basis on which the Authority may select a code manager on a non-competitive basis, including the requirement for the Authority to establish and publish selection criteria, and (before making a selection) to publish notice of the proposed selection.

Regulation 6 provides that where it has decided on non-competitive selection, the Authority, instead of selecting an existing candidate, may itself form a company to be selected as code manager.

Regulation 7 provides that the Authority may deviate from the usual requirements of these Regulations in order to select a code manager of last resort where an existing code manager’s licence is to be revoked and there is insufficient time to follow those usual requirements.

An Impact Assessment has not been prepared for this instrument because of the low level of impact on business and consumers.