Regulation 3 Claims that may be brought

A person who suffers loss or damage as a result of a relevant act (a “claimant”) may bring a claim for compensation under these Regulations for that loss or damage (a “claim”) if—

(a)

the claimant is not, in relation to a transfer scheme—

(i)

the transferor;

(ii)

a parent undertaking or subsidiary undertaking of the transferor;

(iii)

a subsidiary undertaking of a parent undertaking of the transferor (other than the transferor),

and for these purposes “parent undertaking” and “subsidiary undertaking” have the meanings given in the Companies Act 2006^f1, and

(b)

the claim relates only to loss or damage that the claimant has suffered as a direct result of a relevant act, and does not relate to any—

(i)

indirect or consequential loss (including loss of profit, business, contracts, revenues, diminution in value or loss of opportunity);

(ii)

loss or damage that is already covered by compensation payable under a transfer scheme, whether that compensation is payable to the transferor or to the claimant;

(iii)

loss or damage in respect of which the claimant is entitled to claim compensation pursuant to any condition of a licence granted under—

(aa)

section 6 of the Electricity Act 1989^f2, or

(bb)

any of sections 7 to 7AC of the Gas Act 1986^f3,

the main purpose of which is to restrict or otherwise govern the revenue that the licence holder may earn in carrying out activities that are the subject of conditions in the licence, or any decision or determination of the GEMA under such a condition.

Annotations

Footnotes

f1: 2006 c. 46 (see section 1162 of, and Schedule 7 to, that Act).
f2: 1989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27) and was amended by sections 136(1) and 145(5) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20), and sections 166(4) and (5), 186(7) and 205(8) of the Energy Act 2023 (c. 52); and by S.I. 2011/2704 and S.I. 2012/2400. There are other amendments, but none are relevant.
f3: 1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was amended by sections 3(2) and 76 of, paragraph 4 of Schedule 6 to, and Schedule 8 to, the Utilities Act 2000, and section 149(5) of, and Part 1 of Schedule 23 to, the Energy Act 2004; and by S.I. 2011/2704. Section 7ZA was inserted by section 149(6) of the Energy Act 2004. Section 7A was inserted by section 6(1) of the Gas Act 1995 and amended by section 3(2) of, and paragraph 2(1) of Schedule 6 to and Schedule 8 to, the Utilities Act 2000 and section 149(7) of the Energy Act 2004. Section 7AA was inserted by section 168(3) of the Energy Act 2023. Section 7AB was inserted by S.I. 2012/2400. Section 7AC was amended by section 185(6) of the Energy Act 2023.