Regulation 14 Appeals against errors in determinationsI1

England, Wales and Scotland

F1(A1)

This regulation applies where the Authority is not the Operator.

(1)

Subject to paragraphs (8) and (9), a scheme electricity supplier may appeal to the Secretary of State against a determination by the Operator—

(a)

upon an interim reconciliation or a final reconciliation; or

(b)

of the amounts of mutualisation payments which scheme electricity suppliers are liable to make,

on the ground that the Operator has made an error in its determination.

(2)

An appeal must be made in writing within 10 working days after the scheme electricity supplier is notified of the determination.

(3)

Before determining an appeal by a scheme electricity supplier, the Secretary of State must provide an opportunity to make representations to—

(a)

each other scheme electricity supplier; and

(b)

the Operator.

(4)

On an appeal under paragraph (1) the Secretary of State may—

(a)

dismiss the appeal; or

(b)

allow the appeal and direct the Operator to make a fresh determination.

(5)

If the Secretary of State directs the Operator to make a fresh determination, the Secretary of State may give instructions to the Operator in relation to the making of that determination, and the Operator must make the fresh determination in accordance with any such instructions.

(6)

The Secretary of State must notify the decision upon an appeal to—

(a)

every scheme electricity supplier; and

(b)

the Operator.

(7)

Paragraph (8) applies if—

(a)

the Operator is a BSC Company; and

(b)

the Balancing and Settlement Code provides for arrangements for the resolution of disputes about determinations by the Operator under these Regulations.

(8)

The right of appeal under paragraph (1)—

(a)

arises only after the dispute resolution arrangements under the Balancing and Settlement Code have been exhausted, and

(b)

applies with the modification that references in paragraph (1) to the Operator are to be treated as including a reference to a person established or appointed under the Balancing and Settlement Code to resolve the dispute.

(9)

The making of an appeal against a determination that a supplier is liable to make a payment does not suspend the supplier’s liability to make the payment.

(10)

In this regulation—

“the Balancing and Settlement Code” means the code for governance of electricity balancing and settlement in Great Britain which is maintained in accordance with the conditions of licences granted under section 6(1) of the Electricity Act 1989^f1; and
“BSC Company” has the same meaning as in the Balancing and Settlement Code.

Annotations

Textual amendments

F1: Reg. 14(A1) inserted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 12

Commencement

I1: Reg. 14 in force at 1.7.2011, see reg. 1(2)

Footnotes

f1: 1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c.27) and subsection (1) of section 6 was amended by sections 136(1), 145(1) and (5) and 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c.20).