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Regulation 9 Establishment of consumer redress scheme: England and Wales and Scotland

Original text. Later amendments are not shown.

(1)

For the purpose of section 19(10)(d) of the Act, Part 2 of the Consumers, Estate Agents and Redress Act 2007 applies to end users in England, Wales and Scotland, subject to the following modifications.

(2)

Part 2 of that Act is to be read as if—

(a)

a reference to a regulated provider is a reference to an intermediary;

(b)

a reference to a relevant consumer is a reference to a microbusiness end user or a domestic end user;

(c)

any reference to a regulator or a relevant regulator is omitted;

(d)

the Secretary of State has made an order under section 47(1)(b) of that Act requiring all intermediaries with end users in England, Wales or Scotland to be members of a redress scheme administered by the Secretary of State (or a person appointed by the Secretary of State) and designated by the Secretary of State as an appropriate redress scheme in relation to them;

(e)

the order provides that the redress scheme is for the investigation of complaints made against an intermediary by or on behalf of a person in that person’s capacity as a microbusiness end user or a domestic end user of the intermediary (“consumer complaints”);

(f)

the redress scheme is a scheme under which consumer complaints may be made to, and investigated and determined by, the Energy Ombudsman;

(g)

the Energy Ombudsman may provide a microbusiness end user or a domestic end user with the following types of redress—

(i)

providing an apology or explanation;

(ii)

paying compensation; and

(iii)

taking such other action in the interests of the end user as the Energy Ombudsman may specify;

(h)

section 52 of that Act provides for enforcement by civil sanctions under Schedule 4 to the Metering and Billing Regulations (as modified by regulation 10 of these Regulations) of the requirement for an intermediary to be a member of the redress scheme;

(i)

the order comes into force on the day on which these Regulations come into force.

(3)

In this regulation—

  • “domestic end user”, in relation to an intermediary, means an end user who purchases heating or hot water for domestic use from the intermediary;

  • “intermediary” means—

    1. (a)

      a heat supplier within the meaning of the Metering and Billing Regulations who supplies and charges for the supply of heating or hot water; or

    2. (b)

      a person who otherwise supplies and charges for the supply of heating or hot water to its end users through a heat network, where that person has been provided with a scheme benefit in accordance with regulation 3(2)(a) or (b) of these Regulations in respect of the energy used to produce the heating or hot water; and

  • “microbusiness end user” in relation to an intermediary, means an end user who purchases heating or hot water from the intermediary for use in a business which employs fewer than 10 employees and has an annual turnover or balance sheet total no greater than £2 million.