UK Statutory Instrument
2023
United Kingdom
The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023
At a glance
What's here
26 compliance obligations
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
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 In this Schedule— “authorised person” means the Secretary of State;...
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 methodology for flexible price contract reference wholesale price
Duty of supplier to categorise contracts
- Classify each contract into the correct energy price category
Methodology for contract categorisation
- Set up a method to categorise your energy supply contracts
ETII customers
- Notify Secretary of State and ETII customer about ETII customer status
QHS customers
- Send QHS certificates up the supply chain promptly
Determination and redetermination of ETII and QHS proportions
- Estimate, determine and notify ETII/QHS proportions for each benefit period
Separate supply contracts
- Treat supply contracts as separate deemed contracts for ETII and QHS customers
Supply redetermination event
- Recalculate charges and adjust invoices following a supply redetermination event
Duty of suppliers to provide the discount
- Calculate and apply the Energy Bills Discount to customers
Consequences of change in contract categorisation
- Re-calculate and adjust energy bills when contract category changes
Determination of amounts subject to discount recovery
- Submit discount recovery claim when amounts are payable to the Secretary of State
Assignment of rights in respect of payment
- Do not assign or transfer discount recovery payment rights without consent
Reconciliation run-off
- Submit discount recovery claims during reconciliation run-off period
Reporting details of Part 4 arrangements
- Include required declarations and notices in each discount recovery claim
Customer declaration where this Chapter applies
- Send declaration to supplier if your supply contract qualifies for the Energy Bills Discount Scheme
Adjustment of discount
- Send periodic declarations of arrangement benefit to your supplier
Customer declaration where this Chapter applies
- Determine if the energy discount scheme applies and notify your supplier
Determination of ineligible quantity
- Declare ineligible energy quantities to your supplier within 14 days
Reduction of discount
- Reduce energy discount if abusive arrangement exists
Customer declaration where this Chapter applies
- Send a declaration to your supplier if your energy contract qualifies
Determination of non-qualifying quantity
- Send declaration of non-qualifying energy to your supplier
Increases in charges and other changes in relation to supply contracts
- Do not unreasonably increase charges or change contract terms to the customer's disadvantage
Regular reporting by suppliers
- Provide regular reports on scheme operation when required by the Secretary of State
Audit
- Provide access for Secretary of State audits
Referrals in respect of disagreement between contract parties
- Follow dispute process for energy supplier determinations
Power of the Secretary of State to make determinations
Other duties (1) — Crown / regulator
- Secretary of State must follow due process before making a binding determination Crown / Minister / Government department
Browse 57 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, variable price and DAI 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
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
Rules in relation to this Chapter
Interpretation of this Chapter
Application of this Chapter
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
Explore more
Browse legislation
Find other UK business legislation with related guidance.