OpenLegislation

Regulation 4 Provision of information to the OperatorI1

England, Wales and Scotland

(1)

The Authority must, in relation to each scheme year for which a person is appointed F1under regulation 3 to be the Operator, notify to the Operator—

(a)

which licensed electricity suppliers are scheme electricity suppliers in that scheme year;

(b)

the market share of each scheme electricity supplier as at the preceding 31st December, as determined by the Authority in accordance with paragraph (3).

(2)

The Authority must give the notification under paragraph (1)—

(a)

for scheme years 2, 3 and 4, by 1st April in the scheme year if the Authority has been notified of the appointment of the Operator before that date; or

(b)

in any other case, as soon as reasonably practicable after the date on which the Authority is notified of the appointment of the Operator.

F2(2A)

The Authority must, in relation to F3each of F4scheme years 7 to 11, determine the market share of each scheme electricity supplier as at the preceding 31st December in accordance with paragraph (3).

(2B)

The Authority must make the determination under paragraph (2A) as soon as reasonably practicable after F5the start of the scheme year.

(3)

For the purposes of F6paragraphs (1)(b) and (2A), the market share of a scheme electricity supplier (E) is X×100Y%, where—

(a)

X is E’s number of domestic customers, unless sub-paragraph (b) or (c) applies;

(b)

if E is connected to one or more scheme gas suppliers but not to any other scheme electricity suppliers, X is the combined number of domestic customers of E and its connected scheme gas suppliers;

(c)

if E is connected to one or more scheme gas suppliers and to one or more other scheme electricity suppliers, X is equal to Z% of the combined number of domestic customers of E and its connected scheme electricity suppliers and scheme gas suppliers; and

(d)

Y is the total number of domestic customers of all scheme electricity suppliers and scheme gas suppliers.

(4)

In paragraph (3)(c), “Z%” is E’s number of domestic customers as a percentage of the combined number of domestic customers of E and its connected scheme electricity suppliers.

(5)

For the purposes of paragraph (3)—

(a)

references to a supplier’s number of domestic customers are to the supplier’s number of domestic customers on the 31st December preceding the start of the scheme year, as notified by the supplier or determined by the Authority under regulation 4 of the Scheme Regulations; and

(b)

a supplier (E1) is to be treated as connected to another supplier (E2) if E1 and E2 belonged to the same group of companies on the 31st December preceding the start of the scheme year (but not otherwise).

Annotations

Textual amendments

F1

Words in reg. 4(1) inserted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 5(a)

F2

Reg. 4(2A)(2B) inserted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 5(b)

F3

Words in reg. 4(2A) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 29(4)(a)

F4

Words in reg. 4(2A) substituted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 23(4)

F5

Words in reg. 4(2B) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 29(4)(b)

F6

Words in reg. 4(3) substituted (16.9.2017) by The Warm Home Discount (Reconciliation) (Amendment) Regulations 2017 (S.I. 2017/847), regs. 1(2), 5(c)

Commencement

I1

Reg. 4 in force at 1.7.2011, see reg. 1(2)