{
  "url": "https://openlegislation.uk/warm-home-discount-reconciliation-regulations-2011/regulation-15",
  "json_url": "https://openlegislation.uk/warm-home-discount-reconciliation-regulations-2011/regulation-15.json",
  "legislation": "uksi/2011/1414",
  "legislation_title": "The Warm Home Discount (Reconciliation) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/warm-home-discount-reconciliation-regulations-2011",
  "path": "regulation/15",
  "kind": "regulation",
  "number": "15",
  "heading": "Make-right amounts",
  "text": "(1) This regulation applies if, in relation to the Operator’s determination on an interim or final reconciliation or a mutualisation—\n(a) where the Authority is not the Operator, the Operator substitutes a different determination in accordance with a direction of the Secretary of State upon an appeal; or\n(b) where the Authority is not the Operator, a person established or appointed to resolve disputes under arrangements mentioned in regulation 14(7) determines that an error has been made in the determination; or\n(c) the Operator, on its own initiative, identifies that an error has been made in the determination.\n(2) The Operator must calculate the amount (“the make-right amount”) that each scheme electricity supplier is liable to pay, or is entitled to receive (having regard to payments already made or received) to give effect to the substituted determination or to correct the error.\n(3) The make-right amount is , subject to the application of paragraph (3B), the sum of—\n(a) the difference between the amount already paid or received by the scheme electricity supplier, and the amount which the supplier would have been liable to pay or entitled to receive if the error had not been made; and\n(b) interest on that amount from the date of the payment or receipt, calculated at a rate of two percentage points above the Bank of England base rate.\n(3A) Paragraph (3B) applies if, upon calculating each scheme electricity supplier’s make-right amount in accordance with paragraph (3), there is a difference between the total of the make-right amounts which suppliers are liable to pay and the total of the make-right amounts which suppliers are entitled to receive (an “imbalance”).\n(3B) Where this paragraph applies, the Operator must adjust each scheme electricity supplier’s make-right amount by a percentage of the amount of the imbalance equal to that supplier’s market share, so that the total of the make-right amounts which suppliers are liable to pay is equal to the total of the make-right amounts which suppliers are entitled to receive.\n(4) Regulation 9 applies in relation to payments under this regulation as it does in relation to payments upon an interim or final reconciliation.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 15(1)(a) inserted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 13(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 15(1)(b) inserted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 13(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 15(3) inserted (6.4.2013) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2013 (S.I. 2013/519), regs. 1(2), 3(2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 15(3A)(3B) inserted (6.4.2013) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2013 (S.I. 2013/519), regs. 1(2), 3(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 15 in force at 1.7.2011, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/1414/regulation/15",
    "retrieved_at": "2026-10-29T02:05:21.138705+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}