# Electricity Act 1989, Section 38C: Enforcement of benefit scheme

Extent: E+W+S+N.I.

(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).

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Source: https://www.legislation.gov.uk/ukpga/1989/29/section/38C (the official version)
Page: https://openlegislation.uk/electricity-act-1989/section-38C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.