Regulation 51 Former scheme suppliersI1

England, Wales and Scotland

(1)

This regulation applies where a scheme supplier ceases to be a scheme supplier, other than by virtue of becoming an exempt supplier.

(2)

The former scheme supplier (“F”) must—

(a)

notify the Authority of—

(i)

the date on which they ceased to be a scheme supplier,

(ii)

the reason why they ceased to be a scheme supplier, and

(iii)

their meter point data for each day of the final quarter, and

(b)

provide the Authority with any information the Authority requires to enable it to verify their meter point data, and such other information as the Authority requests.

(3)

The information and notification described in paragraph (2) must be provided to the Authority—

(a)

where F ceases to be a scheme supplier by reason of—

(i)

ceasing to hold a licence under section 7A(1) of the Gas Act 1986, or

(ii)

becoming an insolvent company within the meaning given in section 15A(4) of the Company Directors Disqualification Act 1986^f1,

within 3 working days of F ceasing to be a scheme supplier, and

(b)

in any other case, within 14 days of F ceasing to be a scheme supplier.

(4)

Paragraph (3) does not apply where a scheme supplier provides the Authority with the information required by or under that paragraph before the date on which they cease to be a scheme supplier.

(5)

Where F does not provide the meter point data required by paragraph (2)(a)(iii), the Authority must determine the number of meter points served by F on each day of the final quarter.

(6)

The Authority must—

(a)

if the Authority has not notified F of the quarterly levy payment payable by F in relation to the quarter preceding the final quarter in accordance with regulation 40(2), calculate the quarterly levy payment payable by F in relation to that quarter in accordance with the formula set out in regulation 40(1), and

(b)

calculate the quarterly levy payment payable by F in relation to the final quarter in accordance with the formula set out in regulation 40(1), but with the modification that “M” in that formula is the sum of F’s meter point data for each day of the final quarter as notified or determined under this regulation.

(7)

The Authority must serve a notice on F specifying—

(a)

the sum of the amounts calculated in accordance with paragraph (6) F1(the “final quarterly levy payment”) and how that amount has been calculated,

(b)

the amount of F’s existing credit cover,

(c)

the amount by which—

(i)

F’s existing credit cover exceeds the final quarterly levy payment F2..., or

(ii)

the final quarterly levy payment exceeds F’s existing credit cover (the “outstanding amount”),

F3(ca)

if the payments made by F by way of credit cover exceed the final quarterly levy payment, the excess amount (the “cash excess”),

F4(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

where there is an outstanding amount—

(i)

the date by which the outstanding amount is required to be paid by F, being—

(aa)

14 days after the date of the notification, or

(bb)

the next date on which quarterly levy payments are due under regulation 40,

whichever is the earlier,

(ii)

details of how payment of the outstanding amount must be made, and

including information about the matters mentioned in regulation 54 (interest on late payments), and the matters mentioned in regulation 56 (mutualisation).

F6(7A)

Except where paragraph (7B) applies to F and provided that the final quarterly levy payment is greater than £0, the notice referred to in paragraph (7) must also specify—

(a)

the date on which F’s existing credit cover will be drawn down and the amount of that draw down,

(b)

whether the draw down will be against payments made, or a letter of credit provided, by F, or both.

(7B)

This paragraph applies to F where—

(a)

F has complied with the obligations in paragraphs (2) and (3),

(b)

if this paragraph did not apply to F the Authority would draw down against a letter of credit provided by F in respect of the whole or part of the final quarterly levy payment, and

(c)

the letter of credit provided by F will remain an acceptable letter of credit until the date falling 28 days after the date on which the Authority serves a notice under paragraph (7).

(7C)

Where paragraph (7B) applies to F, the notice referred to in paragraph (7) must also specify—

(a)

the date on which draw down will be made against payments made by F by way of credit cover and the amount of that draw down (if applicable),

(b)

the amount payable in lieu of draw down against F’s letter of credit (the “in lieu amount”), which is the amount that the Authority would draw down against the letter of credit if paragraph (7B) did not apply to F,

(c)

that provided F pays to the Authority the in lieu amount and any outstanding amount by the date referred to in paragraph (7)(f)(i), the Authority will not draw down against the letter of credit,

(d)

details of how any payment may be made,

(e)

that where the in lieu amount or outstanding amount, or both, are not paid in full by the date referred to in paragraph (7)(f)(i), the Authority will draw down against the letter of credit, as soon as is reasonably practicable, the amount required to discharge F’s final quarterly levy payment or, if the letter of credit is insufficient to discharge F’s final quarterly levy payment, the maximum amount specified in the letter of credit.

(7D)

Where regulation 43A(2)(f) applies in respect of an amount otherwise payable by or to F under paragraph (8) or (9)—

(a)

paragraph (7)(f) (if otherwise applicable) does not apply;

(b)

the notice referred to in paragraph (7) must also specify that no amount is payable in respect of the cash excess or the outstanding amount,

(c)

this regulation applies as if—

(i)

for paragraph (7C)(c) there were substituted—

“(c)
that provided F pays to the Authority the in lieu amount by the date referred to in paragraph (7E), the Authority will not draw down against the letter of credit,”;

(ii)

for paragraph (7C)(e) there were substituted—

“(e)
that where the in lieu amount is not paid in full by the date referred to in paragraph (7E), the Authority will draw down against the letter of credit, as soon as is reasonably practicable, an amount required to discharge the in lieu amount.”;

(7E)

The date referred to in paragraph (7D)(c)(i) and (ii) is the date—

(a)

14 days after the date of the notice, or

(b)

the next date on which quarterly levy payments are due under regulation 40,

whichever is the earlier.

(8)

Where paragraph (7)(f) applies, F must pay the outstanding amount to the Authority in accordance with any notification referred to in paragraph (7).

F7(9)

Where there is a cash excess, the Authority must pay the cash excess to F as soon as reasonably practicable after the date on which F’s existing credit cover is drawn down.

F8(9A)

The Authority must pay to F any interest that has accrued on levy credit payments paid by F whilst in the bank account referred to in regulation 42(4) as soon as reasonably practicable after—

(a)

in relation to interest paid into the bank account before the date on which the Authority serves a notice under paragraph (7), the date on which the Authority serves a notice under paragraph (7),

(b)

in relation to interest paid into the account on or after the date on which the Authority serves a notice under paragraph (7), the date on which the interest is paid into the Authority’s bank account.

(9B)

Where the final quarterly levy payment would be a de minimis amount if payable by F, the final quarterly levy payment is £0.

(10)

Where immediately before F ceases to be a scheme supplier F was liable to pay, or entitled to receive payment of, any amount under these Regulations, F remains subject to that liability, or to that entitlement, after F ceases to be a scheme supplier, subject to paragraphs (11) to (13).

(11)

Regulation 38(8) to (13) continues to apply in relation to F as if F were still a scheme supplier for the purposes of determining whether—

(a)

F is an exempt supplier in relation to the scheme year preceding the final scheme year,

(b)

F is an exempt supplier in relation to that part of the final scheme year in which F was a scheme supplier, but as if—

(i)

references to “a scheme year”, “the scheme year” and “that scheme year” were references to that part of the final scheme year in which F was a scheme supplier,

(ii)

in paragraphs (8) and (9), for “by 1st July following the end of that scheme year” there were substituted “within three months of ceasing to be a scheme supplier”,

(iii)

in paragraph (10)(b), for “by the relevant date specified in the scheme schedule” there were substituted “within 30 days of the date on which it received the notification and information referred to in paragraph (8)”,

(iv)

in paragraph (11), for “by the relevant date specified in the scheme schedule” there were substituted “within 30 days of the date on which it received the notification and information referred to in paragraph (8)”.

(12)

Regulation 49 continues to apply in relation to F as if F were still a scheme supplier—

(a)

for the purposes of the calculation of any backdated levy payment in relation to the scheme year preceding the final scheme year, but with the modification that the Authority may determine not to require payment of any backdated levy payment by F,

(b)

for the purposes of the calculation of any backdated levy payment in relation to the final scheme year, but—

(i)

as if references to “a scheme year” and “that scheme year” were references to that part of the final scheme year in which F was a scheme supplier,

(ii)

with the modification that the Authority may determine not to require payment of any backdated levy payment by F.

(13)

Regulation 50 continues to apply in relation to F as if F were still a scheme supplier—

(a)

for the purposes of the calculation of any levy refund payment to which F is entitled in relation to the scheme year preceding the final scheme year,

(b)

for the purposes of the calculation of any levy refund payment to which F is entitled in relation to the final scheme year, but as if —

(i)

references to “a scheme year” and “that scheme year” were to that part of the final scheme year in which F was a scheme supplier,

(ii)

for paragraph (3)(c) there were substituted—

“(c)
C is the sum of any levy credit payments paid by F to the Authority in relation to the final scheme year in accordance with regulation 42,”.

(14)

For the purposes of this regulation—

(a)

“the final quarter”, in relation to F, means the last quarter during any part of which F was a scheme supplier,

(b)

“the final scheme year”, in relation to F, means the scheme year in which F ceases to be a scheme supplier.

Annotations

Textual amendments

F1: Words in reg. 51(7)(a) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(i)
F2: Words in reg. 51(7)(c)(i) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(ii)
F3: Reg. 51(7)(ca) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iii)
F4: Reg. 51(7)(d) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iv)
F5: Reg. 51(7)(e) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iv)
F6: Reg. 51(7A)-(7E) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(b)
F7: Reg. 51(9) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(c)
F8: Reg. 51(9A)(9B) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(d)

Commencement

I1: Reg. 51 in force at 30.11.2021, see reg. 1(1)

Footnotes

f1: 1986 c. 46. Section 15A was inserted by section 110 of the Small Business, Enterprise and Employment Act 2015 (c. 26).