Citation, commencement, extent and application

1. —(1) This Order may be cited as the Electricity and Gas Appeals (Designation and Exclusion) Order 2014 and comes into force on 18th June 2014.

(2) This Order does not extend to Northern Ireland.

(3) This Order applies to appeals under section 173 of the Act( 3 ) from decisions made by GEMA on or after the date on which this Order comes into force.

Interpretation

2. —(1) In this Order—

“the Act” means the Energy Act 2004;

“distribution licence” means a licence granted under section 6(1)(c) of the Electricity Act 1989( 4 );

“electricity supply licence” means a licence granted under section 6(1)(d) of the Electricity Act 1989( 5 );

“gas supply licence” means a licence granted under section 7A of the Gas Act 1986( 6 );

“smart meter communication licences” means—

“transmission licence” means a licence granted under section 6(1)(b) of the Electricity Act 1989( 10 );

“transportation licence” means a licence granted under section 7(2) of the Gas Act 1986( 11 ).

(2) Subject to paragraph (3), a reference in this Order to—

(a) a Standard Condition or a Standard Special Condition of a licence, or

(b) a document designated by this Order,

is to the version current at the date on which this Order comes into force.

(3) At the time of any appeal under section 173 of the Act, the references mentioned in paragraph (2) are to the version of those conditions or documents current at the time of the decision by GEMA which is the subject of the appeal.

Designation of documents

3. The following documents are designated for the purposes of section 173 of the Act—

(a) the Balancing and Settlement Code, being the document of that title required to be prepared pursuant to Standard Condition C3 of a transmission licence( 12 );

(b) the Connection and Use of System Code, being the document of that title required to be prepared pursuant to Standard Condition C10 of a transmission licence;

(c) the Network Code, being the document of that title required to be prepared pursuant to Standard Special Condition A11 of a transportation licence( 13 );

(d) the Uniform Network Code, being the document of that title required to be prepared pursuant to Standard Special Condition A11 of a transportation licence;

(e) the Uniform Network Code, being the document of that title required to be prepared pursuant to Standard Condition 9 of a transportation licence( 14 );

(f) the Supply Point Administration Agreement, being the document of that title required to be entered into pursuant to Standard Condition 30 of a gas supply licence( 15 );

(g) the Master Registration Agreement, being the document of that title required to be entered into pursuant to Standard Condition 11 of an electricity supply licence( 16 );

(h) the Distribution Connection and Use of System Agreement , being the document of that title referred to in Standard Condition 22 of a distribution licence( 17 );

(i) the Smart Energy Code, being the document of that title required to be maintained and in force pursuant to Condition 21 of smart meter communication licences( 18 ).

Exclusions

4. —(1) A right of appeal under section 173 of the Act is excluded in respect of a decision by GEMA relating to a document designated by article 3 if—

(a) in the case of a decision falling within any of articles 5 to 13, the condition specified for that decision is satisfied; or

(b) GEMA determines that the delay caused by the holding of the appeal against that decision is likely to have a material adverse effect on the availability of electricity or gas for meeting the reasonable demands of consumers in Great Britain.

(2) Where GEMA makes a determination under paragraph (1)(b), it must give notice of the determination in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be interested in it.

Balancing and Settlement Code

5. —(1) For a decision relating to the Balancing and Settlement Code, the specified condition is that the decision consists in the giving of a consent to a majority recommendation made by the Panel in the Modification Report.

(2) In this article, the words “Panel” and “Modification Report” have the same meanings as in the Balancing and Settlement Code.

Connection and Use of System Code

6. —(1) For a decision relating to the Connection and Use of System Code, the specified condition is that the decision consists in the giving of a consent to a majority recommendation of Panel Members in the Modification Report.

(2) In this article—

(a) “majority recommendation” means a recommendation that is supported by the majority of those views of Panel Members which, in the reasonable opinion of GEMA, are clearly expressed in the Modification Report; and

(b) the words “Panel Members” and “Modification Report” have the same meanings as in the Connection and Use of System Code.

Network Code

7. —(1) For a decision relating to the Network Code, the specified condition is that the decision accords with a majority recommendation made by the Modification Panel in the Modification Report.

(2) In this article, the words “Modification Panel” and “Modification Report” have the same meanings as in the Uniform Network Code designated by article 3(d) .

Uniform Network Code required under transportation licence Standard Special Conditions

8. —(1) For a decision relating to the Uniform Network Code designated by article 3(d) , the specified condition is that the decision consists in the giving of a consent to a majority recommendation made by the Modification Panel in the Modification Report.

(2) In this article, the words “Modification Panel” and “Modification Report” have the same meanings as in the Uniform Network Code designated by article 3(d) .

Uniform Network Code required under transportation licence Standard Conditions

9. —(1) For a decision relating to the Uniform Network Code designated by article 3(e), the specified condition is that the decision is to give consent to the recommendation by the Panel Majority in respect of a proposed modification in a Final Modification Report.

(2) In this article, the words “Final Modification Report” and “Panel Majority” have the same meaning as in the Uniform Network Code designated by article 3(e).

Supply Point Administration Agreement

10. —(1) For a decision relating to the Supply Point Administration Agreement, the specified condition is that the decision consists in the giving of a consent to a Change Proposal.

(2) In this article, the words “Change Proposal” have the same meaning as in the Supply Point Administration Agreement.

Master Registration Agreement

11. —(1) For a decision relating to the Master Registration Agreement, the specified condition is that the decision consists in the giving of a consent to a resolution of the MEC arising from the Change Procedures.

(2) In this article, the words “MEC” and “Change Procedures” have the same meanings as in the Master Registration Agreement.

Distribution Connection and Use of System Agreement

12. —(1) For a decision relating to the Distribution Connection and Use of System Agreement, the specified condition is that the decision is to give consent to the deemed recommendation of the Parties pursuant to the Voting Procedure.

(2) In this article, the words “Parties” and “Voting Procedure” have the same meaning as in the Distribution Connection and Use of System Agreement.

Smart Energy Code

13. —(1) For a decision relating to the Smart Energy Code, the specified condition is that the decision accords with—

(a) a recommendation by the relevant body in respect of a Path 1 Modification or a Path 2 Modification; or

(b) a decision by the Panel in respect of a Path 3 Modification.

(2) In paragraph (1)(a) , “relevant body” means—

(a) the Change Board where, in accordance with section D8.1 of the Smart Energy Code, the Change Board has been established; or

(b) the Panel where, in accordance with section X2.3(d) of the Smart Energy Code, the Change Board has not been established and the Panel is performing the functions of the Change Board.

(3) In this article, the words “Panel”, “Path 1 Modification”, “Path 2 Modification”, “Path 3 Modification” and “Change Board” have the same meaning as in section A1 of the Smart Energy Code.

Revocation and transitional provision

14. —(1) The Orders listed in the Schedule are revoked, subject to the transitional provision in paragraph (2).

(2) The Orders listed in the Schedule continue to have effect in relation to any appeal under section 173 of the Act from a decision made by GEMA before the date on which this Order comes into force.

Article 14

SCHEDULE