Regulation 5 Scheme suppliersI1

England, Wales and Scotland

(1)

In relation to any scheme year, a person is a compulsory scheme electricity supplier if—

(a)

that person—

(i)

is a licensed electricity supplier; and

(ii)

supplied electricity to domestic customers on the 31st December preceding the start of the scheme year; and

(b)

one of the following conditions is satisfied.

(2)

Condition 1 is that the supplier had at least 250,000 domestic customers on the 31st December preceding the start of the scheme year.

(3)

Condition 2 is that—

(a)

the supplier; and

(b)

any licensed electricity suppliers and licensed gas suppliers which were connected to it on the 31st December preceding the start of the scheme year,

together had at least 250,000 domestic customers on that date.

(4)

In relation to F1any of the scheme years 1 to 7, a licensed electricity supplier which is not a compulsory scheme electricity supplier is a voluntary scheme electricity supplier if the supplier gives notice to the Authority—

(a)

in relation to scheme year 1, by 14 days after the commencement date;

(b)

in relation to scheme years 2, 3 F2, 4 and 7, by 14th February preceding the start of the scheme year,

F3(c)

in relation to scheme year 5, by 14 days after the second commencement date,

F4(d)

in relation to scheme year 6, by 14 days after the third commencement date,

that the supplier wishes Part 3 of these Regulations to apply to it.

F5(4A)

A licensed electricity supplier is a voluntary scheme electricity supplier—

(a)

in relation to scheme year 8, if—

(i)

the supplier is not a compulsory scheme electricity supplier; and

(ii)

the supplier gives notice to the Authority on or before the 14th day after the fourth commencement date that the supplier wishes Part 3 of these Regulations to apply to it;

(b)

in relation to F6scheme years 9 and 10, if—

(i)

the supplier is not a compulsory scheme electricity supplier or a compulsory smaller electricity supplier; and

(ii)

the supplier gives notice to the Authority by 14th February preceding the start of the scheme year that the supplier wishes Part 3 of these Regulations to apply to it.

F7(c)

in relation to scheme year 11, if—

(i)

the supplier is not a compulsory scheme electricity supplier or a compulsory smaller electricity supplier; and

(ii)

the supplier gives notice to the Authority on or before the 14th day after the fifth commencement date that the supplier wishes Part 3 of these Regulations to apply to it.

(5)

In relation to any scheme year, a person is a scheme gas supplier if that person—

(a)

is a licensed gas supplier;

(b)

supplied gas to domestic customers on the 31st December preceding the start of the scheme year; and

(c)

was, on the 31st December preceding the start of the scheme year, connected to a licensed electricity supplier which in the scheme year is a scheme electricity supplier.

F8(6)

In relation to scheme year 9, or a subsequent scheme year, a person is a compulsory smaller electricity supplier if—

(a)

that person—

(i)

is a licensed electricity supplier;

(ii)

is not a compulsory scheme electricity supplier; and

(iii)

supplied electricity to domestic customers on the 31st December preceding the start of the scheme year; and

(b)

at least one of the conditions in paragraph (7) is satisfied.

(7)

The conditions referred to in paragraph (6)(b) are that—

(a)

the supplier had at least the relevant number of domestic customers on the 31st December preceding the start of the scheme year; or

(b)

the supplier and any licensed electricity suppliers and licensed gas suppliers which were connected to the supplier on the 31st December preceding the start of the scheme year together had at least the relevant number of domestic customers on the 31st December preceding the start of the scheme year.

(8)

For the purposes of paragraph (7), the “relevant number” is—

(a)

in relation to scheme year 9, 200,000;

(b)

in relation to a subsequent scheme year, 150,000.

Annotations

Textual amendments

F1: Words in reg. 5(4) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 6(a)
F2: Words in reg. 5(4)(b) substituted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 6(a)
F3: Reg. 5(4)(c) inserted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 6
F4: Reg. 5(4)(d) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 6(b)
F5: Reg. 5(4A) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 6(b)
F6: Words in reg. 5(4A)(b) substituted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 6(a)
F7: Reg. 5(4A)(c) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 6(b)
F8: Reg. 5(6)-(8) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 6(c)

Commencement

I1: Reg. 5 in force at 1.4.2011, see reg. 1(2)