Regulation 28 Duties of the revenue collection counterparty to enforce and notify

(1)

The revenue collection counterparty must exercise its functions in the manner best calculated to ensure the collection of all amounts which are required to be paid or provided by electricity suppliers under these Regulations.

(2)

If the revenue collection counterparty considers it may be, or become, unable to fulfil its functions, it must promptly notify the Secretary of State and must provide such further details as the Secretary of State may request.

(3)

In paragraphs (1) and (2) “functions” includes—

(a)

any function conferred by these Regulations;

(b)

the recovery of any sum as a civil debt by virtue of section 19 of the Act; and

(c)

any duties or obligations of the revenue collection counterparty under any revenue collection contract.

(4)

The revenue collection counterparty must take such steps as it considers necessary to ensure that electricity suppliers are—

(a)

informed of their liabilities under these Regulations; and

(b)

provided with information about liabilities which they may incur under these Regulations.

(5)

Where the revenue collection counterparty writes-off any debt owed to it by an electricity supplier, it must issue a notice of that fact to every electricity supplier who was required to make a payment under regulation 17(6) in relation to that debt.

(6)

The revenue collection counterparty must publish information which relates to its estimates of the liabilities of electricity suppliers arising during three consecutive quarterly obligation periods (“the projection period”).

(7)

The revenue collection counterparty must publish information under paragraph (6)—

(a)

no later than 30 days before the start of the first quarterly obligation period to which that information relates; or

(b)

where the revenue collection counterparty reasonably believes that it has received insufficient information from the Authority for the purpose of publishing information under paragraph (6), as soon as reasonably practicable following the receipt of the information the revenue collection counterparty requires.

(8)

The information published under paragraph (6) must include—

(a)

an estimate of the interim levy rate (see regulation 5(1)) that would apply to each quarterly obligation period during the projection period; and

(b)

an estimate of the total reserve amount for each quarterly obligation period during the projection period.