Statutory Instruments
2024 No. 419
ELECTRICITY
The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024
Made
20th March 2024
Coming into force
1st April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 6(1) and (6), 9(1), (6) and (7), 17, 19 and 21(1) of the Energy Act 2013( 1 ).
Before making these Regulations, the Secretary of State—
consulted the persons mentioned in section 24(1)(a) to (g) of that Act and such other persons as the Secretary of State considered it appropriate to consult; and
had regard to the matters in section 5(2) of that Act.
In accordance with section 6(8) of the Energy Act 2013, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024.
(2) These Regulations come into force on 1st April 2024.
(3) These Regulations extend to England and Wales and Scotland.
Amendments to the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015
2.The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015( 2 ) are amended as set out in regulations 3 to 7.
Regulation 2 (interpretation)
3. —(1) Regulation 2(1) is amended as follows.
(2) After the definition of “force majeure application” insert—
“ “ insolvent ” in relation to a person means circumstances where—
the person is unable to pay their debts as those debts fall due, or
the value of the person’s assets is less than the amount of the person’s liabilities, taking into account the person’s contingent and prospective liabilities; ” .
Regulation 8 (EII certificates)
4. —(1) Regulation 8 is amended as follows.
(2) In paragraph (2)(b) substitute—
“ (b) it is reasonable to assume that, at the date of making the application, the person is not insolvent or likely to be insolvent. ” .
(3) For paragraph (7)(c) substitute—
“ (c) sub-paragraph (b) of that test is met in relation to the person’s business. ” .
(4) Omit paragraphs (9) and (10).
Regulation 10 (applications for EII certificates)
5. —(1) Regulation 10 is amended as follows.
(2) In paragraph (2)(p) for “in difficulty (see regulation 8(10))” substitute—
“ insolvent or likely to become insolvent within the period of the EII certificate. ” .
(3) For paragraph (7) substitute—
“ (7) The Secretary of State may decide not to issue an EII certificate in respect of an EII application where, in the opinion of the Secretary of State—
(a) the information or evidence contained in that application pursuant to paragraph (2) or provided pursuant to a request under paragraph (4A) is not sufficient or not satisfactory; or
(b) the issuing of the EII certificate would be incompatible with international law obligations in respect of subsidy control. ” .
Regulation 11 (proportion to be specified in an EII certificate)
6. —(1) Regulation 11 is amended as follows.
(2) In paragraph (1)(b) before “period” insert “certificate” .
(3) Omit paragraph (2).
Regulation 13 (validity and revocation of EII certificates)
7. —(1) Regulation 13 is amended as follows.
(2) After paragraph (4)(b)(ii) insert—
“ (c) there is a risk of incompatibility with international law obligations in respect of subsidy control, if the EII certificate is not revoked. ” .
Regulation 13ZB (modification of Regulations if State Aid decisions cease to be relevant)
8. Omit regulation 13ZB.
Nusrat Ghani
Minister of State
Department for Business and Trade
20th March 2024
S.I. 2015/721 . Relevant amendments were made by S.I. 2017/1051 , S.I. 2020/130 and S.I. 2023/415 .