UK Statutory Instrument
2023
United Kingdom
The Energy Bills Discount Scheme Regulations 2023
At a glance
What's here
22 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Distributor 17
- Any Person 4
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Any Person also bound by 2337 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 8 other Schedules — structural / supplementary
After paragraph 1, insert— Interpretation (1A) In this Schedule— “authorised...
In paragraph 2— (a) for sub-paragraph (1) substitute—
Omit paragraphs 8 to 13.
In paragraph 14— (a) for sub-paragraph (1) substitute—
In paragraph 17 omit sub-paragraph (5).
The requirement in paragraph 18 (consultation on guidance) does not...
In paragraph 19— (a) in sub-paragraph 1(a) omit “; and”;...
Reference wholesale price – flexible price contracts
- Establish and maintain methodology for flexible price contract wholesale prices Distributor
Duty of supplier to categorise contracts
- Categorise each supply contract and notify customers Distributor
Methodology for contract categorisation
- Create and maintain a contract categorisation methodology Distributor
ETII customers
- Notify Secretary of State and ETII customer when you have an ETII customer Distributor
QHS customers
- Send QHS certificates up the supply chain and notify the Secretary of State Distributor
Separate supply contracts
- Treat energy supply contracts as separate ETII, QHS and residual contracts Distributor
Supply redetermination event
- Recalculate charges after a supply redetermination event Distributor
Duty of suppliers to provide the discount
- Apply energy bill discounts and notify customers Distributor
Consequences of change in contract categorisation
- Recalculate and adjust energy charges when contract category changes Distributor
Determination of amounts subject to discount recovery
- Submit discount recovery claims and comply with regulation 11(1) Distributor
Assignment of rights in respect of payment
- Do not assign discount recovery payment rights without Secretary of State consent Distributor
Reconciliation run-off
- Submit discount recovery claims during the reconciliation run-off period Distributor
Reporting details of Part 4 arrangements
- Include customer declarations and notices in each discount recovery claim Distributor
Customer declaration where this Chapter applies
- Send a declaration to your supplier if the Energy Bills Discount Scheme applies to your contract Any Person
Adjustment of discount
- Send periodic declaration of arrangement benefit to your energy supplier Any Person
Customer declaration where this Chapter applies
- Declare if your energy supply contract qualifies for the discount scheme Any Person
Determination of ineligible quantity
- Declare ineligible energy quantities to your supplier within 14 days Any Person
Increases in charges and other changes in relation to supply contracts
- Do not unreasonably increase charges or change terms for energy customers Distributor
Regular reporting by suppliers
- Provide reports on energy scheme operation when required by Secretary of State Distributor
Audit
- Suppliers must cooperate with government-ordered audits Distributor
Referrals in respect of disagreement between contract parties
- Customer and supplier must try to resolve disagreements over discount scheme determinations Distributor
Power of the Secretary of State to make determinations
Other duties (1) — Crown / regulator
- Secretary of State may correct incorrect determinations or declarations Crown / Minister / Government department
Browse 56 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Application
Energy in scope of the scheme
Making of rules
Scheme periods
Government supported price and maximum discount
Supply price
Reference wholesale price – fixed price and variable price contracts
Treatment of supply contracts
Treatment of fixed price contracts at end of term
Interpretation of this Chapter
Energy and trade intensive industries: applications for certificates
Qualifying heat suppliers: applications for certificates
Benefit Calculation Periods
Determination and redetermination of ETII and QHS proportions
ETII and QHS proportions
Duties of providers
Chapter 3 default
Chapter 3 rules
Calculation of base discount
Calculation of discount
Entitlements in respect of discount recovery
Payment of amounts in respect of discount recovery
Absolute right of Secretary of State to recover
Rights of Secretary of State to withhold payment
Release of amounts withheld
Submission of a valid discount recovery claim
Invalid, erroneous or absent discount recovery claims
Discount recovery rules
Claim windows
Delegation of functions related to discount recovery
Interpretation of this Chapter
Application of this Chapter
Rules in relation to this Chapter
Interpretation of this Chapter
Application of this Chapter
Rules in relation to this Chapter
Interpretation of this Chapter
Application of this Chapter and declaration of abusive arrangement
Reduction of discount
Rules in relation to this Chapter
Deemed terms of supply contracts
Information requests
Purposes for which powers under this Chapter may be exercised
Application of data protection legislation
Interpretation of this Chapter
Review of decisions of the Secretary of State
Rules in relation to this Chapter
Supplier obligations enforceable as relevant requirements
Requirement to apply for a QHS certificate
Civil penalties for customers
Civil penalties for defaulting persons
Notices
EBRS actions
Amendment of EBRS Regulations
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