Section 38C Enforcement of benefit schemeF1

United Kingdom

(1)

In section 38A(4)(i), “enforcement provision” means—

(a)

provision for the enforcement in civil proceedings of requirements under the scheme,

(b)

provision for a person to impose a monetary penalty where the person is satisfied on the balance of probabilities that—

(i)

a requirement under the regulations has not been complied with, or

(ii)

benefits or other payments under the scheme have been wrongfully obtained, or

(c)

provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.

(2)

If regulations under section 38A provide for the imposition of monetary penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law.

(3)

The provision that may be made by virtue of subsection (1)(c) includes provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part.

(4)

In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection).

Annotations

Textual amendments

F1: Ss. 38A-38D and cross-heading inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 27(2), 118(1)(n) (with s. 116)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))