Regulation 54 Application of Part 1 of the Consumers, Estate Agents and Redress Act 2007 with modifications

(1)

Part 1 of the Consumers, Estate Agents and Redress Act 2007 (the consumer advocacy bodies)^f1 applies in relation to heat network consumers as it applies in relation to designated consumers within section 4(1)(a) of that Act (designated consumers), subject to the following modifications.

(2)

Section 13 (investigation of complaints relating to disconnection of gas or electricity) is to be taken to apply to a complaint made by a heat network consumer against an authorised person which relates to one of the following—

(a)

the disconnection of, or threat to disconnect, the heat network consumer’s premises from a relevant heat network by the authorised person;

(b)

following such a disconnection, a refusal by the authorised person to reconnect the premises;

(c)

a failure in the facilities for payment for the supply of heating, cooling or hot water which results in a heat network consumer with a prepayment meter being unable to make a payment for the supply of heating, cooling or hot water;

(d)

where a payment has been made for the supply of heating, cooling or hot water through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment; or

(e)

any other matter connected with the supply of heating, cooling or hot water to the heat network consumer or a refusal by the authorised person to supply heating, cooling or hot water to the heat network consumer.

(3)

But a complaint is only within paragraph (2)(b) if it is made by a person who was a heat network consumer in relation to the relevant heat network in question at the time of the disconnection.

(4)

Section 14 (reference of matters to the Gas and Electricity Markets Authority) is to be read as if—

(a)

references to “the Authority” were to the Regulator;

(b)

references to “enforcement functions” in relation to the Authority were to any of the Regulator’s functions under regulation 28 (orders for securing compliance), 31 (imposition of a penalty) or 37 (consumer redress orders) of these Regulations;

(c)

the reference in subsection (4) to “the Gas Act 1986 (c. 44) or the Electricity Act 1989 (c. 29)” were to these Regulations.

(5)

Section 19A (guidance for energy consumers) is to be read as if references to “energy consumers” included heat network consumers.

(6)

Section 24 (provision of information to the consumer advocacy bodies) is to be read as if the Regulator were a person within subsection (3).

(7)

Section 25 (enforcement by regulator of section 24 notice) is to be read as if—

(a)

an authorised person were a “regulated provider” within subsection (3);

(b)

the “relevant regulator” in relation to an authorised person were the Regulator.

(8)

An obligation imposed on an authorised person by virtue of section 25(5) as applied by these Regulations is enforceable under Part 4 of these Regulations as a relevant requirement.

(9)

Sections 27 (provision of information by a consumer advocacy body) and 29 (disclosure of information) are to be read as if the Regulator were an “authorised person” within section 27(3).

(10)

Section 40B(1) (exemption from liability in damages) is to be read as if it applied to a function conferred by or under these Regulations.

Annotations

Footnotes

f1: Relevant amendments to Part 1 were made by the Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regulation 3(2) and (3), the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), Schedule 1, paragraph 12, the Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regulation 77, the Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regulation 8 and the Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), Schedule, paragraph 7.