Regulation 72 Supplier obligations enforceable as relevant requirementsI1

England, Wales and Scotland

(1)

The obligations of suppliers under the following provisions are enforceable by GEMA as if they were relevant requirements on a regulated person for the purposes of section 25 of the Electricity Act 1989^f1 or section 28 of the Gas Act 1986^f2—

(a)

Part 2;

(b)

Part 4;

(c)

Chapter 1 and Chapter 3 of this Part, but not regulation 63.

(2)

Paragraph (1) applies in respect of a person which has been a supplier during a scheme period but has ceased to hold an electricity supply licence or gas supply licence.

(3)

For the purposes of considering whether a supplier has contravened any obligation enforceable under paragraph (1), GEMA may not call into question—

(a)

a determination of the Secretary of State under regulation 68 or 69;

(b)

a reconsidered decision of the Secretary of State under regulation 70.

(4)

Where it appears to the Secretary of State that a supplier may be contravening, or may have contravened, any of the requirements referred to in paragraph (1) the Secretary of State may inform GEMA.

Annotations

Commencement

I1: Reg. 72 in force at 26.4.2023, see reg. 1(1)

Footnotes

f1: 1989 c. 29. The definitions of “regulated person” and “relevant requirement” in section 25(8) were amended by S.I. 2011/2704, S.I. 2019/530, S.I. 2020/96 and S.I. 2020/2016.
f2: 1986 c. 44. The definitions of “regulated person” and “relevant requirement” in section 28(8) were amended by the Gas Act 1995, section 10(1) and S.I. 2011/2704.