- Status
- In Force
- Penalty ceiling
- Regulated
Does it bind you?
Business-side roles with duties under this instrument.
Distributor18
Any Person7
Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Distributor — also bound by 182 other Acts
UK REACH Regulation (retained EU law)
44 duties
Any Person — also bound by 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
What it requires
Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
s.010
Reference wholesale price – flexible price contracts
Regulated
- Establish methodology for flexible price contract reference wholesale priceDistributor
s.011
Duty of supplier to categorise contracts
Regulated
- Classify each contract into the correct energy price categoryDistributor
s.012
Methodology for contract categorisation
Regulated
- Set up a method to categorise your energy supply contractsDistributor
s.018
ETII customers
Regulated
- Notify Secretary of State and ETII customer about ETII customer statusDistributor
s.019
QHS customers
Regulated
- Send QHS certificates up the supply chain promptlyDistributor
s.021
Determination and redetermination of ETII and QHS proportions
Regulated
- Estimate, determine and notify ETII/QHS proportions for each benefit periodDistributor
s.023
Separate supply contracts
Regulated
- Treat supply contracts as separate deemed contracts for ETII and QHS customersDistributor
s.024
Supply redetermination event
Regulated
- Recalculate charges and adjust invoices following a supply redetermination eventDistributor
s.030
Duty of suppliers to provide the discount
Regulated
- Calculate and apply the Energy Bills Discount to customersDistributor
s.031
Consequences of change in contract categorisation
Regulated
- Re-calculate and adjust energy bills when contract category changesDistributor
s.033
Determination of amounts subject to discount recovery
Regulated
- Submit discount recovery claim when amounts are payable to the Secretary of StateDistributor
s.035
Assignment of rights in respect of payment
Regulated
- Do not assign or transfer discount recovery payment rights without consentDistributor
s.039
Reconciliation run-off
Regulated
- Submit discount recovery claims during reconciliation run-off periodDistributor
s.042
Reporting details of Part 4 arrangements
Regulated
- Include required declarations and notices in each discount recovery claimDistributor
s.048
Customer declaration where this Chapter applies
Regulated
- Send declaration to supplier if your supply contract qualifies for the Energy Bills Discount SchemeAny Person
s.049
Adjustment of discount
Regulated
- Send periodic declarations of arrangement benefit to your supplierAny Person
s.053
Customer declaration where this Chapter applies
Regulated
- Determine if the energy discount scheme applies and notify your supplierAny Person
s.054
Determination of ineligible quantity
Regulated
- Declare ineligible energy quantities to your supplier within 14 daysAny Person
s.058
Reduction of discount
Regulated
- Reduce energy discount if abusive arrangement existsDistributor
s.062
Customer declaration where this Chapter applies
Regulated
- Send a declaration to your supplier if your energy contract qualifiesAny Person
s.063
Determination of non-qualifying quantity
Regulated
- Send declaration of non-qualifying energy to your supplierAny Person
s.065
Increases in charges and other changes in relation to supply contracts
Regulated
- Do not unreasonably increase charges or change contract terms to the customer's disadvantageDistributor
s.067
Regular reporting by suppliers
Regulated
- Provide regular reports on scheme operation when required by the Secretary of StateDistributor
s.069
Audit
Regulated
- Provide access for Secretary of State auditsDistributor
s.073
Referrals in respect of disagreement between contract parties
Regulated
- Follow dispute process for energy supplier determinationsAny Person
s.074
Power of the Secretary of State to make determinations
Regulated
Other duties (1) — Crown / regulator
- Secretary of State must follow due process before making a binding determinationCrown / Minister / Government department
57 other provisions — procedural and definitional
s.001
Citation, commencement and extent
s.002
Interpretation
s.003
Application
s.004
Energy in scope of the scheme
s.005
Making of rules
s.006
Scheme periods
s.007
Government supported price and maximum discount
s.008
Supply price
s.009
Reference wholesale price – fixed price, variable price and DAI price contracts
s.013
Treatment of supply contracts
s.014
Treatment of fixed price contracts at end of term
s.015
Interpretation of this Chapter
s.016
Energy and trade intensive industries: applications for certificates
s.017
Qualifying heat suppliers: applications for certificates
s.020
Benefit Calculation Periods
s.022
ETII and QHS proportions
s.025
Duties of providers
s.026
Chapter 3 default
s.027
Chapter 3 rules
s.028
Calculation of base discount
s.029
Calculation of discount
s.032
Entitlements in respect of discount recovery
s.034
Payment of amounts in respect of discount recovery
s.036
Absolute right of Secretary of State to recover
s.037
Rights of Secretary of State to withhold payment
s.038
Release of amounts withheld
s.040
Submission of a valid discount recovery claim
s.041
Invalid, erroneous or absent discount recovery claims
s.043
Discount recovery rules
s.044
Claim windows
s.045
Delegation of functions related to discount recovery
s.046
Interpretation of this Chapter
s.047
Application of this Chapter
s.050
Rules in relation to this Chapter
s.051
Interpretation of this Chapter
s.052
Application of this Chapter
s.055
Rules in relation to this Chapter
s.056
Interpretation of this Chapter
s.057
Application of this Chapter and declaration of abusive arrangement
s.059
Rules in relation to this Chapter
s.060
Interpretation of this Chapter
s.061
Application of this Chapter
s.064
Rules in relation to this Chapter
s.066
Deemed terms of supply contracts
s.068
Information requests
s.070
Purposes for which powers under this Chapter may be exercised
s.071
Application of data protection legislation
s.072
Interpretation of this Chapter
s.075
Review of decisions of the Secretary of State
s.076
Rules in relation to this Chapter
s.077
Supplier obligations enforceable as relevant requirements
s.078
Requirement to apply for a QHS certificate
s.079
Civil penalties for customers
s.080
Civil penalties for defaulting persons
s.081
Notices
s.082
EBRS actions
s.083
Amendment of EBRS Regulations
Schedules
Schedules
0 of 8 shown8 other schedules
s.sch001
In paragraph 1, omit the words “, an enforcement undertaking”....
s.sch001
After paragraph 1, insert— Interpretation In this Schedule— “authorised person” means the Secretary of State;...
s.sch001
In paragraph 2— (a) for sub-paragraph (1) substitute—
s.sch001
Omit paragraphs 8 to 13.
s.sch001
In paragraph 14— (a) for sub-paragraph (1) substitute—
s.sch001
In paragraph 17 omit sub-paragraph (5).
s.sch001
The requirement in paragraph 18 (consultation on guidance) does not...
s.sch001
In paragraph 19— (a) in sub-paragraph 1(a) omit “; and”;...
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.