text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 and comes into force on 1st February 2012.
2
Articles 2 and 3 have effect from 1st April 2010.
3
Articles 4 to 6 have effect from 1st April 2011.
4
In this Order “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Amendment of Parts 2 and 4 of the 1998 Order having effect from 1st April 2010
2
1
In Part 2 (claims for and payment of subsidy) of the 1998 Order —
a
in article 4 (requirement of claim) omit paragraphs (4) and (4ZA);
b
in article 9(2) (payment of subsidy for the relevant year) —
i
at the end of sub-paragraph (a) insert “and”; and
ii
omit sub-paragraphs (c) and (d).
c
omit article 9A (transitional protection adjustments).
2
In Part 4 (transitional and savings) of the 1998 Order omit article 22 (provisions for claims for 1997/98).
Substitution of Schedule 1 to the 1998 Order having effect from 1st April 2010
3
For Schedule 1 (sums to be used in the calculation of subsidy) to the 1998 Order substitute the Schedule in Schedule 1 to this Order.
Amendment of Part 3 of the 1998 Order having effect from 1st April 2011
4
1
Part 3 (calculation of subsidy) of the 1998 Order is amended as follows.
2
In article 11(1) (interpretation of Part 3) after the definition of “the Community Charge Benefits Regulations” insert —
“the Consequential Provisions Regulations ” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ;
.
3
In article 16 (treatment of high rents in rent allowance cases) omit paragraph (4)(b).
4
In article 17A (subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation), in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.
5
In article 17B (subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation) at the end of paragraph (1) add —
and
d
the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.
.
6
In article 17C (subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation) —
a
at the end of paragraph (1) add —
and
d
the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.
; and
b
in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.
7
In article 18 (additions to subsidy) —
a
at the end of paragraph (1) add —
f
where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.
;
b
in paragraph (2) —
i
omit sub-paragraph (c); and
ii
after sub-paragraph (d) add —
or
e
a payment on account overpayment.
;
c
for paragraph (7) substitute —
7
Subject to paragraph (7A), in paragraph (2)(b) “technical overpayment” means an overpayment which occurs as a result of —
a
a rebate or council tax benefit being awarded and entitlement to that rebate or benefit being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate or benefit was awarded was reduced or eliminated; or
b
council tax benefit being awarded and entitlement to that benefit being reduced or eliminated because, subsequent to that award, there was a change of circumstances that does not fall within paragraph (a).
7A
A technical overpayment does not include any part of the overpayment occurring —
a
in a case to which paragraph (7)(a) applies, before the day on which the liability was reduced or eliminated; or
b
in a case to which paragraph (7)(b) applies, before the day on which the authority suspended, revised or superseded the award, whichever is earliest.
7B
In paragraphs (1)(f) and (2)(e), “payment on account overpayment” means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.
.
Amendment of Schedule 4 to the 1998 Order having effect from 1st April 2011
5
1
Part 2 of Schedule 4 (high rents and rent allowance) to the 1998 Order is amended as follows.
2
In paragraph 2 for “paragraph 6, 7, 8, 9 or 11” substitute “paragraph 6, 7, 8 or 9”.
3
Omit paragraph 11.
Amendment of Schedule 4A to the 1998 Order having effect from 1st April 2011
6
1
Schedule 4A (rent rebate limitation deductions (Housing Revenue Account dwellings)) to the 1998 Order is amended as follows.
2
In Part 1 (interpretation) in paragraph 1 omit the definitions of “ RPI figure” and “service charge”.
3
In Part 2 (England) in paragraph 2 (liability to deduction) —
a
for sub-paragraph (2) substitute —
2
The subsidy limitation rent for an authority is equal to the average weekly rent for a dwelling for the authority for the relevant year, calculated in accordance with sub-paragraph (3).
;
b
omit sub-paragraph (4);
c
in sub-paragraphs (5) and (8) for “sub-paragraphs (3) and (4)” substitute “sub-paragraph (3)”;
d
omit sub-paragraphs (6) and (7).
4
For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 2 to this Order.
5
For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 3 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th December 2011
We consent
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Syria (Restrictive Measures) (Overseas Territories) Order 2011 and shall come into force on 15th July 2011.
2
This Order shall extend to the territories listed in Schedule 1.
3
Articles 24 and 25 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
4
Article 24 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands as set out in Schedule 3.
5
Article 24 shall apply to St Helena, Ascension, Tristan da Cunha as set out in Schedule 4.
6
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory;
7
An offence may be committed under articles 4(1), 5(3), 6, 7(3), 9, 10(3), 10(4), 14(3), 15(2), 16(2), 18, 21(4) 22(1), 22(2) and paragraph 4 of Schedule 5 by any person in the Territory or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of the Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“assistance” means any form of assistance including training, technical assistance, financing and financial assistance, investment, brokering or other services, and the transfer of financial resources and services;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“ Council Regulations ” means, Council Regulation ( EU ) No. 442/2011 adopted by the Council of the European Union on 9th May 2011 , Council Implementing Regulation (EU) No. 504/2011 adopted by the Council of the European Union on 23rd May 2011 and Council Implementing Regulation (EU) No 611/2011 adopted by the Council of the European Union on 23 rd June 2011 .
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“equipment which might be used for internal repression” means the equipment listed in Annex I of the Regulation;
“export” includes shipment as stores;
“exportation” in relation to any ship or aircraft, includes the taking out of the Territory of the ship or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“financing and financial assistance” in relation to the provision of assistance related to restricted goods includes financing or financial assistance for any sale, supply, transfer or export of restricted goods;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
“frozen account” means an account with a relevant institution which is held or controlled by a listed person;
“Gazette” means the official gazette of the Territory or any other form in which official information is normally made available in the Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“listed person” means any person listed in Annex II to the Regulation (as modified from time to time) or a person identified in a direction by the Governor under article 19(1);
“master”, in relation to a ship, includes any persons (other than a pilot) for the time being in charge of the ship;
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner is not the operator, means the operator and any person to whom it is chartered;
“person” means any natural or legal person, entity or body;
“the Regulation” means Council Regulation (EU) No 442/2011 adopted by the Council of the European Union on 9th May which came into force on 10th May 2011 (the date of its publication) concerning certain restrictive measures as amended from time to time;
“relevant institution” means —
the person responsible for the regulation and supervision of financial services business in the Territory;
any person who may lawfully accept deposits in or from within the Territory by way of business; or
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means the goods, software and technology specified in Schedule 2 to the Export Control Order and, in so far as they are not covered in that Schedule, the goods, software and technology specified in the Common Military List of the European Union and, in so far as they are not covered in either Schedule 2 to the Export Control Order or the Common Military List of the European Union the equipment listed in Annex I of the Regulation;
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried therein;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold themselves out as accepting deposits on a day to day basis, and
ii
any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
Except where this Order provides otherwise, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
Publicly available list of listed persons and restricted goods
3
The Governor shall —
a
maintain a list of listed persons;
b
cause the list to be published in the Gazette as necessary from time to time;
c
cause a list of restricted goods to be published in the Gazette as necessary from time to time.
RESTRICTED GOODS AND ASSISTANCE
Supply of restricted goods
4
1
Any person who, except under the authority of a licence granted by the Governor —
a
supplies or delivers;
b
agrees to supply or deliver, or
c
does any act calculated to promote the delivery of,
restricted goods to any person or destination in Syria shall be guilty of an offence under this Order unless they prove that they did not know and had no reasonable cause to suspect that the goods in question were to be supplied or delivered to a person or destination in Syria.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor.
Exportation of restricted goods to Syria
5
1
Except under the authority of a licence granted by the Governor, restricted goods shall not be exported from the Territory to any destination in Syria or to any destination for the purpose of delivery, directly or indirectly, or to the order of any person in Syria.
2
Any restricted goods which are exported or attempted to be exported shall be liable to be disposed of or transferred or seized as appropriate.
3
Any person knowingly concerned in the exportation or attempted exportation of restricted goods shall be guilty of an offence under this Order.
4
In any case where a person would, apart from this paragraph, be guilty both of an offence under paragraph (3) above and of an offence under article 4(1), they shall not be guilty of an offence under paragraph (3) above.
Provision of assistance, advice or training related to the supply, sale, transfer, manufacture, maintenance or use of restricted goods
6
Any person who, except under the authority of a licence granted by the Governor, directly or indirectly, provides to any person in, or for use in, Syria any assistance, including advice or training, relating to the sale, supply, transfer, maintenance, manufacture or use of restricted goods shall be guilty of an offence under this Order, unless they can prove that they did not know and had no reasonable cause to suspect that the assistance, advice or training in question was to be provided to a person in, or for use in, Syria.
Use of ships, aircraft and vehicles: restricted goods
7
1
Without prejudice to the generality of article 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Syria to any destination therein.
2
This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory, or
b
a body incorporated or constituted under the law of the Territory.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered, if he or she is a person referred to in paragraph (2)(a) or (b) and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator and driver of the vehicle,
shall be guilty of an offence under this Order, unless they prove that they did not know and had no reasonable cause to suspect that the carriage of goods in question was, or formed part of, carriage from any place outside Syria to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Syria was authorised by a licence granted by the Governor.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Licences
8
1
The Governor may grant a licence under articles 4 to 6 of this Order in respect of —
a
supplies and technical assistance intended solely for the support of, or use by, the United Nations Disengagement Observer Force;
b
the sale, supply or delivery of non-lethal military equipment or of equipment which might be used for internal repression but which is intended solely for humanitarian or protective use, or for institution building programmes of the United Nations and the European Union, or for European Union and United Nations crisis management operations;
c
the sale, supply or delivery of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection and which are intended solely for humanitarian or protective use of personnel of the European Union and its Member States in Syria;
d
the provision of technical assistance or brokering services related to the equipment or programmes or operations referred to in paragraphs 1(a)-(c);
e
the provision of financing and financial assistance related to the equipment or programmes or operations referred to in paragraphs 1(a)-(c);
f
the sale, supply or delivery of protective clothing, including flak jackets and military helmets temporarily exported to Syria by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development work and associated personnel for their personal use only;
2
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions; or
c
of an indefinite duration or subject to an expiration date.
3
The Governor may vary or revoke a licence at any time.
4
The Governor, where he or she grants, varies or revokes a licence shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
CUSTOMS POWERS AND INVESTIGATIONS
Customs powers to demand evidence of destination which goods reach
9
Any exporter or any shipper of restricted goods which have been exported or provided from the Territory shall, if so required by the Governor, furnish, within such time as the Governor may allow, proof to the Governor’s satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported or provided by a licence granted under article 8 of this Order; or
b
a destination to which their exportation or provision was not prohibited by this Order,
and if they fail to do so, they shall be guilty of an offence under this Order, unless they prove that they did not consent to or connive at the goods reaching any destination other than such a destination as mentioned above.
Declaration as to goods: powers of search
10
1
Any person who is about to leave the Territory shall, if they are required to do so by an officer authorised for the purpose by the Governor —
a
declare whether or not they have with them any restricted goods which are destined for Syria or for delivery, directly or indirectly, to or to the order of any person in Syria; and
b
produce any such goods as aforesaid which they have with them.
2
Any such officer, and any person acting under his or her direction, may search that person for the purpose of ascertaining whether they have with them any such goods as aforesaid, provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make such a declaration, or fails to produce any goods as aforesaid, or refuses to allow themselves to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
4
Any person who under the provisions of this article makes a declaration which to their knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence under this Order.
5
Before or on exercising any power conferred by this article, an authorised person shall if requested to do so, produce evidence of his or her authority.
Investigation, etc. of suspected ships
11
1
Where any authorised officer has reason to suspect that any ship to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
the officer may (either alone or accompanied and assisted by persons under his or her authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force.
b
the officer may request the owner or the master of the ship to furnish such information relating to the ship and her cargo and produce for his or her inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 7, the officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, shall seize and dispose of any restricted goods and may take the further action specified in paragraph (2).
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is specified under paragraph (1)(b); or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 14(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any authorised officer may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
Before or on exercising any power conferred by this article, an authorised officer shall if requested to do so, produce evidence of his or her authority.
5
In this article “authorised officer” means —
a
any commissioned naval or military officer;
b
any British consular officer;
c
any police or customs officer; or
d
any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected aircraft
12
1
Where any authorised person has reason to suspect that any aircraft to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he or she may (either alone or accompanied and assisted by persons under his or her authority) board the aircraft and search it and, for that purpose, may use, or authorise the use of reasonable force;
b
he or she may request the charterer, the operator and the commander of the aircraft, or any of them, to furnish such information relating to the aircraft and its cargo and produce for his or her inspection such documents so relating and such cargo as he or she may specify; and
c
if the aircraft is then in the Territory, any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, the operator and the commander, or any of them, to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 14(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose —
a
may enter, or authorise entry, upon any land and upon that aircraft,
b
may detain, or authorise the detention of, that aircraft and any of its cargo,
c
shall seize and dispose of any restricted goods, and
d
may use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his or her authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
13
1
Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 7 —
a
he or she may (either alone or accompanied and assisted by persons under his or her authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he or she may request the operator and the driver of the vehicle, or either of them, to furnish such information relating to the vehicle and any goods contained in it and produce for his or her inspection such documents so relating and such goods as he or she may specify; and
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator and driver, or either of them, to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 14(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose —
a
may enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle,
b
may detain, or authorise the detention of, that vehicle and any goods contained in it,
c
shall seize and dispose of any restricted goods, and
d
may use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his or her authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 11 to 13
14
1
No information furnished or document produced by any person in pursuance of a request made under articles 11, 12 or 13 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in their own right;
b
to any person who would have been empowered under articles 11, 12 or 13 to request that the information or the document be furnished or produced, or to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the State of Jersey; or
v
the Government of any British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
d
for the purpose of giving assistance or cooperation, pursuant to the Regulation, to any person in the service of the Council of the European Union, the European Commission or the government of any country;
e
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other country or territory for the regulation and supervision of financial services business.
2
Any power conferred by articles 11, 12 or 13 to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 11(2)(a);
b
a master of a ship or its owner or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under articles 11, 12 or 13 by any person empowered to make it, or
ii
furnishes any document or information which to his or her knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular, to such a person in response to such a request;
c
a master, an owner or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of their powers under articles 11, 12 or 13.
4
Nothing in articles 11, 12 and 13 or this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
FUNDS AND ECONOMIC RESOURCES
Freezing funds and economic resources
15
1
A person (including a listed person) shall not deal with funds or economic resources owned, held or controlled by a listed person, subject to article 17, unless they do so under the authority of a licence granted under article 20.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or economic resources were owned, held or controlled by a listed person.
4
In this article, “to deal with” means —
a
in respect of funds —
i
to use, alter, move, allow access to or transfer;
ii
to deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or;
iii
to make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, to exchange or use in exchange for funds, goods or services.
Making funds and economic resources available
16
1
A person (including a listed person) shall not make funds or economic resources available, directly or indirectly, to or for the benefit of a listed person, subject to article 17, unless they do so under the authority of a licence granted under article 20.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect funds or economic resources were being made available, directly or indirectly, to or for the benefit of a listed person.
Exceptions
17
1
A person (including a listed person) is not guilty of an offence under article 15 or 16 if they credit a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the account holder became a listed person.
2
It is not an offence under article 16 for a person to credit a frozen account which is in receipt of funds transferred by a third party to a frozen account.
3
Article 15 applies to any funds credited to a frozen account in accordance with this article.
4
In this article: “third party” means a person other than the account holder or the person with which the account is maintained.
Circumventing prohibitions etc
18
A person shall be guilty of an offence under this Order if they participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in article 15(1) or 16(1); or
b
enable or facilitate the commission of an offence under article 15(2) or 16(2).
Governor’s powers to give directions
19
1
Where the Governor has reasonable grounds for suspecting that a person is a listed person, the Governor may give a direction that such person is a listed person for the purposes of this Order.
2
The Governor may vary or revoke such a direction at any time.
3
A direction under paragraph (1) has effect —
a
for such a period as the Governor may specify in the direction, or
b
until the direction is revoked or set aside.
4
Where the Governor gives a direction the Governor shall —
a
take such steps as the Governor considers appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if the direction is varied or revoked —
i
give written notice of the variation or revocation to the person identified in the direction; and
ii
take such further steps as the Governor considers appropriate to publicise the variation or revocation.
5
The Supreme Court may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
6
A person who makes an application under paragraph (5) shall give a copy of the application and any witness statement or affidavit in support to the Governor not later than seven days before the date fixed for the hearing by the Supreme Court of the application.
Licences
20
1
The Governor may grant a licence to disapply the prohibition in article 15(1) or 16(1) in relation to the acts specified in the licence.
2
A licence may relate to —
a
payment of basic expenses of listed persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
b
payment of reasonable professional fees;
c
reimbursement of incurred expenses associated with the provision of legal services;
d
payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
e
payment of extraordinary expenses as determined by the Governor, provided that the other Member States and the Commission of the European Union have been notified of the grounds for the Governor’s determination at least two weeks before the Governor’s authorisation of payment;
f
satisfaction of a judicial, administrative or arbitral lien or judgment provided that the lien or judgment was entered into prior to 10 May 2011 and is not for the benefit of a listed person.
3
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions; and
c
of indefinite duration or subject to an expiry date.
4
The Governor may vary or revoke a licence at any time.
5
The Governor, where he grants, varies or revokes a licence, shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
DISCLOSURE BY FINANCIAL INSTITUTIONS
Failure to disclose knowledge or suspicion
21
1
If a relevant institution knows or suspects that a relevant person —
a
is a listed person, or
b
has committed an offence under article 15(2), 16(2), 18 or 22(1) or (2),
it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.
2
A relevant institution, when it makes a disclosure to the Governor under paragraph (1), shall state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
where the relevant person is a listed person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a listed person.
3
A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 17(2).
4
A relevant institution which fails to comply with the requirement in paragraph (1), (2) or (3) is guilty of an offence under this Order.
5
In this paragraph “relevant person” means —
a
a customer of a relevant institution;
b
a person who has been a customer of a relevant institution at any time on or after 10th May 2011 and has ceased to be a customer; or
c
a person with whom a relevant institution has had dealings in the course of business on or after that date.
6
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a listed person or a person who has committed an offence under article 15(2), 16(2), 18, 22(1) or 22(2); or
b
any information or other matter on which that knowledge or suspicion is based; or
c
any other information pursuant to paragraph 2 above,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with application for licences, conditions attaching to licences, etc
22
1
If, for the purposes of obtaining any licence under this Order, any person makes a statement or furnishes any document or information which to their knowledge is false in any material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, they shall be guilty of an offence under this Order.
2
Subject to paragraph (3), any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with the conditions attaching to that licence shall be guilty of an offence under this Order.
3
No person shall be guilty of an offence under paragraph (2) where they prove that the condition with which they failed to comply was modified, otherwise than with their consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
23
1
The provisions of Schedule 5 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
b
of evidence of the commission —
i
in the Territory, of an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of the matters regulated by this Order, of an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
c
of evidence or information establishing —
i
the nature and amount or quantity of any funds or economic resources owned, held or controlled by a listed person; or
ii
the nature of any financial transactions entered into by a listed person;
d
of evidence or information considered by the Governor appropriate for the purpose of co-operating with any domestic or international investigation relating to the funds, economic resources or financial transactions of a listed person.
2
No information furnished or document produced by any person in pursuance of a request made under Schedule 5 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in their own right;
b
to any person empowered under Schedule 5 to request that the information be furnished or the document produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any other British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or
ii
for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
d
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other country or territory for regulating and supervising financial services business.
Penalties
24
1
A person guilty of an offence under article 4(1), 5(3), 6 or 7(3) is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under article 14(3)(b)(ii), 15(2), 16(2) or 18, or paragraph 4(b) or (d) of Schedule 5 is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
A person guilty of an offence under article 10(4), 22(1) or (2) is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine of any amount or to both;
b
on a summary conviction to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under article 14(3)(a), 14(3)(b)(i), 14(3)(c), 21(4) or paragraph 4(a) or (c) of Schedule 5 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
5
A person guilty of an offence under article 9 or 10(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
6
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly.
Proceedings
25
1
Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
2
Summary proceedings for an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
3
No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
4
Irrespective of whether such consent has been obtained, paragraph (3) does not prevent —
a
the arrest of any person in respect of such an offence, or
b
the remand in custody or on bail of any person charged with such an offence.
5
In this article, “offence” means an offence under this Order.
Notices
26
1
This article has effect in relation to any notice to be given to a person by the Governor under article 8(4)(a), 19(4)(b) or (c)(i), or 20(5)(a).
2
Any such notice may be given —
a
by posting it to the person’s last known address; or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate in the Territory.
3
Where the Governor does not have an address in the Territory for the person, the Governor shall make arrangements for the notice to be given to that person at the first available opportunity.
Exercise of the powers of the Governor
27
1
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his or her powers under this Order to any person, or class or description of persons approved by the Governor.
2
In the case of a delegation referred to in paragraph (1) of this article, references in this Order to the Governor are to be construed accordingly.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Miscellaneous
28
1
Any provision of this Order which prohibits the doing of an act except under the authority of a licence granted by the Governor shall not have effect in relation to any such act done anywhere other than the Territory provided that it is duly authorised.
2
An act is duly authorised for the purpose of paragraph (1) if —
a
it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (and that law substantially corresponds to the relevant provisions of this Order); and
b
that licence is granted by the authority competent in that behalf under that law.
Postponement etc. of the operation of the Regulation
29
1
If the Council of the European Union takes any decision which has the effect of postponing, suspending or terminating the operation of the Regulation, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, to the same extent from the date the decision of the Council comes into force.
2
The Governor shall publish particulars of the decision in a notice in the Gazette.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 2011 and shall come into force on 1st March 2011.
2
Articles 4 to 7 shall have effect in relation to supplies made on or after 1st March 2011 other than a supply arising from a grant made before 1st March 2011.
3
Article 8 of this Order shall have effect in relation to buildings that are completed on or after 1st March 2011.
Amendment of Schedule 10 to the Value Added Tax Act 1994
4
Schedule 10 to the Value Added Tax Act 1994 (buildings and land) is amended as follows.
5
In paragraph 15 (meaning of “exempt land”: basic definition), for sub-paragraph (3A) substitute —
3A
Where a person (“P”) is in occupation of the land at any time before the end of the relevant adjustment period as respects that land, P is treated for the purposes of sub-paragraph (2) as not in occupation of the land at that time if —
a
the building occupation conditions are met at that time, or
b
P’s occupation of the land arises solely by reference to any automatic teller machine of P.
.
6
In paragraph 15A (meaning of “exempt land”: the building occupation conditions) —
a
in sub-paragraph (1)(b)(ii) for “10%” substitute “the maximum allowable percentage”;
b
at the end of sub-paragraph (2) add —
if that occupation is not wholly, or substantially wholly, for eligible purposes.
;
c
for sub-paragraph (4) substitute —
4
In sub-paragraph (1)(b)(ii) —
“the maximum allowable percentage” means —
2% where P is the grantor or a person connected with the grantor, and
10% where P is a development financier or a person connected with a development financier (but not also the grantor or a person connected with the grantor), and
“relevant building” —
means a building any relevant interest in which is included in the grant, other than any part of such a building in which, immediately before the grant, neither the grantor nor any person connected with the grantor held a relevant interest, but
does not include any building P’s occupation of which arises solely by reference to any automatic teller machine of P.
; and
d
after sub-paragraph (6) insert —
6A
Sub-paragraph (5) of paragraph 15 (determination of whether occupation “wholly, or substantially wholly” for eligible purposes to be by reference to criteria in public notice) applies for the purposes of this paragraph.
.
7
In paragraph 16 (meaning of “exempt land”: eligible purposes) omit sub-paragraph (7).
8
For paragraphs 35 to 37 (residential and charitable buildings: change of use etc ) and their headings substitute —
Introductory
35
1
This Part of this Schedule applies where one or more relevant zero-rated supplies relating to a building (or part of a building) have been made to a person (“P”).
2
In this Part of this Schedule —
“relevant zero-rated supply” means a grant or other supply which relates to a building (or part of a building) intended for use solely for —
a relevant residential purpose, or
a relevant charitable purpose,
and which, as a result of Group 5 of Schedule 8 , is zero-rated (in whole or in part);
“relevant premises” means the building (or part of a building) in relation to which a relevant zero-rated supply has been made to P;
“relevant period”, in relation to relevant premises, means 10 years beginning with the day on which the relevant premises are completed.
3
Where P is a body corporate treated as a member of a group under sections 43A to 43D , any reference in this Part of this Schedule to P includes a reference to any member of that group.
Disposal of interest or change of use following relevant zero-rated supply
36
1
Paragraph 37 applies on each occasion during the relevant period when —
a
there is an increase in the proportion of the relevant premises falling within sub-paragraph (2) or (3), and
b
as a result, the proportion of the relevant premises so falling (“R2”) exceeds the maximum proportion of those premises so falling at any earlier time in the relevant period (“R1”).
2
The relevant premises fall (or part of the relevant premises falls) within this sub-paragraph if P has, since the beginning of the relevant period, disposed of P’s entire interest in the relevant premises (or part).
3
The relevant premises fall (or a part of the relevant premises falls) within this sub-paragraph if —
a
those premises do not (or that part does not) fall within sub-paragraph (2), and
b
those premises are (or that part is) being used for a purpose that is neither a relevant residential purpose nor a relevant charitable purpose.
4
Sub-paragraph (5) applies where —
a
only a proportion of the use of the relevant premises (or the use of a part of those premises) is for a relevant residential purpose or a relevant charitable purpose, and
b
that use is not confined to a part of those premises (or of that part) which is used solely for a relevant residential purpose or a relevant charitable purpose.
5
Where this sub-paragraph applies, sub-paragraph (3) applies as if —
a
the same proportion of the relevant premises (or part) were being used for a relevant residential purpose or a relevant charitable purpose, and
b
the remainder of the relevant premises (or part) were being used for a purpose that is neither a relevant residential purpose nor a relevant charitable purpose.
6
Where P is a charity using the relevant premises (or a part of the relevant premises) as a village hall or similarly in providing social or recreational facilities for a local community the premises are (or the part is) treated as being used for a relevant charitable purpose whether or not any person in occupation is using the premises (or part) for a relevant charitable purpose.
Charge to VAT
37
1
Where this paragraph applies, P’s interest, right or licence in the relevant premises held immediately prior to the time when the increase referred to in paragraph 36(1) occurs is treated for the purposes of this Part of this Schedule as —
a
supplied to P for the purposes of a business which P carries on, and
b
supplied by P in the course or furtherance of that business
immediately prior to the time of that increase.
2
The supply is taken to be a taxable supply which is not zero-rated as a result of Group 5 of Schedule 8.
3
The value of the supply is taken to be —
a
in the case of the first deemed supply under this paragraph, the amount obtained by the formula —
R 2 × Y × (
120 − Z
120
)
, and
b
in the case of any subsequent deemed supply under this paragraph, the amount obtained by the formula —
( R 2 − R 1 ) × Y × (
120 − Z
120
)
4
For the purpose of sub-paragraph (3) —
a
R1 and R2 have the meaning given by paragraph 36(1)(b),
b
Y is the amount that yields an amount of VAT chargeable on it equal to —
i
the VAT which would have been chargeable on the relevant zero-rated supply, or
ii
if there was more than one supply, the aggregate amount of the VAT which would have been chargeable on the supplies,
had the relevant premises not been intended for use solely for a relevant residential purpose or a relevant charitable purpose, and
c
Z is the number of whole months since the day on which the relevant premises were completed.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
17th January 2011


text:
PART 1 Introduction
Title and commencement
1
1
These Regulations may be cited as the Warm Home Discount Regulations 2011.
2
These Regulations come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“broader group customer” is to be interpreted in accordance with regulation 18(1);
“commencement date” means the date on which these Regulations come into force;
“compulsory scheme electricity supplier” has the meaning given in regulation 5(1);
“core group customer” has the meaning given in regulation 7(2);
“couple” means —
a man and a woman who are married to each other and are members of the same household;
a man and a woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“domestic customer” means an owner or occupier of domestic premises in Great Britain who is supplied with electricity or gas at those premises wholly or mainly for domestic purposes;
“dual fuel” means electricity and gas, where both are supplied to a domestic customer at the same domestic premises, by a person who is both a licensed electricity supplier and a licensed gas supplier;
“group of companies” means a holding company and the wholly-owned subsidiaries of that holding company; and “holding company” and “wholly-owned subsidiary” have the same meanings as in section 1159 of the Companies Act 2006 ;
“industry initiative” has the meaning given in regulation 26(1);
“legacy spending”, and references to the amount of legacy spending incurred by a relevant supplier, are to be interpreted in accordance with regulation 21(2);
“non-core spending obligation” is to be interpreted in accordance with regulation 13;
“partner” means a member of a couple;
“the prescribed rebate” means a rebate of —
in scheme year 1, £120;
in scheme year 2, £130;
in scheme year 3, £135; and
in scheme year 4, £140;
“relevant supplier” means a compulsory scheme electricity supplier, or a scheme gas supplier which is connected to a compulsory scheme electricity supplier, which —
made a voluntary commitment; and
under that commitment, provided financial benefits to domestic customers in the period from 1st April 2010 to 31st March 2011;
“scheme electricity supplier” means a compulsory scheme electricity supplier or a voluntary scheme electricity supplier;
“scheme gas supplier” has the meaning given in regulation 5(5);
“scheme supplier” means a scheme electricity supplier or a scheme gas supplier;
“scheme year” means a period —
from the commencement date to 31st March 2012; or
of 12 months commencing on 1st April in any of the years 2012 to 2014,
and “scheme year” followed by a number from 1 to 4 means the scheme year commencing in 2011, 2012, 2013 or 2014 as the case may be;
“state pension credit” has the meaning given by section 1 of the State Pension Credit Act 2002 ;
“voluntary commitment” means a commitment made by a licensed electricity supplier or a licensed gas supplier to the Secretary of State, in respect of the period from 1st April 2008 to 31st March 2011, to provide financial benefits to customers and carry out other initiatives, for the purpose of assisting persons in fuel poverty or in fuel poverty risk groups; and
“voluntary scheme electricity supplier” has the meaning given in regulation 5(4).
2
For the purposes of these Regulations, an electricity supplier or gas supplier (A) is connected to an electricity supplier or gas supplier (B) if A and B are companies belonging to the same group of companies.
PART 2 The Scheme
Name and duration of scheme
3
1
These Regulations establish a scheme for reducing fuel poverty, to be known as the Warm Home Discount scheme.
2
The scheme has effect during the period from the commencement date to 31st March 2015 (“the scheme period”).
3
The following duties and powers continue to apply after the end of the scheme period —
a
the duties of scheme suppliers under regulations 9(5) and (6), 24(2) and 30(3) and Part 1 of Schedule 3;
b
the duty of the Secretary of State under regulation 10;
c
the duties of the Authority under regulations 23 and 29 and Part 2 of Schedule 3; and
d
the powers of the Authority under regulations 24(3) and 30(1) and (2).
Notification by suppliers
4
1
Paragraph (2) applies to every —
a
licensed electricity supplier; and
b
licensed gas supplier which is connected to a licensed electricity supplier.
2
A supplier to which this paragraph applies must notify the Authority by —
a
14 days after the commencement date; and
b
14th February in each of the years 2012, 2013 and 2014,
of the number of that supplier’s domestic customers on the preceding 31st December.
3
If, before the commencement of these Regulations, a supplier has notified the Authority of the number of that supplier’s domestic customers on 31st December 2010, the Authority shall treat that as the supplier’s notification for the purposes of paragraph (2)(a).
4
If a supplier does not notify the Authority in accordance with paragraph (2), the Authority shall determine the number of that supplier’s domestic customers on the preceding 31st December.
5
For the purposes of this regulation, a supplier’s number of domestic customers is the number of domestic customers to whom it supplies —
a
electricity (other than as part of a supply of dual fuel);
b
gas (other than as part of a supply of dual fuel); or
c
dual fuel,
with a supply of dual fuel being treated as a supply to two domestic customers.
6
For the purposes of the following regulations, a supplier’s number of domestic customers is the number notified or determined under this regulation.
Scheme suppliers
5
1
In relation to any scheme year, a person is a compulsory scheme electricity supplier if —
a
that person —
i
is a licensed electricity supplier; and
ii
supplied electricity to domestic customers on the 31st December preceding the start of the scheme year; and
b
one of the following conditions is satisfied.
2
Condition 1 is that the supplier had at least 250,000 domestic customers on the 31st December preceding the start of the scheme year.
3
Condition 2 is that —
a
the supplier; and
b
any licensed electricity suppliers and licensed gas suppliers which were connected to it on the 31st December preceding the start of the scheme year,
together had at least 250,000 domestic customers on that date.
4
In relation to any scheme year, a licensed electricity supplier which is not a compulsory scheme electricity supplier is a voluntary scheme electricity supplier if the supplier gives notice to the Authority —
a
in relation to scheme year 1, by 14 days after the commencement date;
b
in relation to scheme years 2, 3 and 4, by 14th February preceding the start of the scheme year,
that the supplier wishes Part 3 of these Regulations to apply to it.
5
In relation to any scheme year, a person is a scheme gas supplier if that person —
a
is a licensed gas supplier;
b
supplied gas to domestic customers on the 31st December preceding the start of the scheme year; and
c
was, on the 31st December preceding the start of the scheme year, connected to a licensed electricity supplier which in the scheme year is a scheme electricity supplier.
PART 3 The core group
Determination of scheme customers by the Secretary of State
6
1
The Secretary of State may in any scheme year give one or more notices to a scheme electricity supplier specifying persons to whom, subject to regulations 7 and 8, the supplier must provide the prescribed rebate.
2
A person may not be specified in a notice unless it appears to the Secretary of State that —
a
the person is a domestic customer of the scheme electricity supplier; and
b
the person, or the person’s partner, is in receipt of state pension credit.
3
A notice containing information relating to state pension credit recipients may only be given if —
a
the information is given with the consent of the persons to whom it relates; or
b
regulations are in force under section 142 of the Pensions Act 2008 (disclosure of information relating to state pension credit recipients) , and those regulations authorise the Secretary of State to provide an electricity supplier with the information about state pension credit recipients contained in the notice.
4
In scheme year 4, a notice may not be given after 1st March 2015.
Provision of rebate to core group customers
7
1
A scheme electricity supplier which is given a notice under regulation 6(1) must, subject to regulation 8, provide the prescribed rebate in accordance with this regulation to each person specified in the notice who —
a
is a domestic customer of the supplier; or
b
has previously been a domestic customer of the supplier, if during the scheme year in which the notice is given the supplier has informed the Secretary of State that the person is a domestic customer of the supplier.
2
A “core group customer”, in relation to a scheme electricity supplier, is a person specified in a notice given to that supplier under regulation 6(1) who falls within sub-paragraph (a) or (b) of paragraph (1).
3
A scheme electricity supplier must provide the prescribed rebate to a core group customer by —
a
crediting to the customer’s electricity account an amount as a result of which the amount (including Value Added Tax) charged to the customer is reduced by the amount of the prescribed rebate;
b
tendering payment of the amount of the prescribed rebate to the customer; or
c
providing a customer who pre-pays for electricity with credit in the amount of the prescribed rebate against the cost (including Value Added Tax) of future electricity use.
4
The date on which the prescribed rebate is provided to a core group customer is the date on which the scheme electricity supplier complies with paragraph (3).
5
A scheme electricity supplier which provides the prescribed rebate to a core group customer must —
a
specify on the customer’s bill; or
b
otherwise notify the customer in writing,
that the customer has been given a rebate under the Warm Home Discount scheme.
6
If a notice under regulation 6(1) is given to a scheme electricity supplier on or before 1st March in a scheme year, the scheme electricity supplier must provide the prescribed rebate to the core group customers specified in the notice by 31st March in that scheme year.
7
If a notice is given after 1st March in a scheme year —
a
the scheme electricity supplier must provide the prescribed rebate to the core group customers specified in the notice within 30 days; and
b
the prescribed rebate is to be treated as being provided in the scheme year in which the notice is given.
Exceptions
8
If the Secretary of State is satisfied that there are circumstances in which it would not be reasonably practicable for scheme electricity suppliers to provide the prescribed rebate to core group customers, the Secretary of State may determine that regulation 7 does not apply in those circumstances.
Provision of information by suppliers
9
1
Subject to paragraphs (2) and (3), the Secretary of State may direct scheme electricity suppliers to provide information to the Secretary of State about their domestic customers for the purpose of facilitating the exercise of the power in regulation 6(1).
2
If a direction is given, it —
a
must be given to all scheme electricity suppliers;
b
must specify the information to be provided;
c
may specify a date on which, or by which, the information is to be provided;
d
may specify the form in which the information is to be provided.
3
A direction may only be given if —
a
regulations are in force under section 142 of the Pensions Act 2008; and
b
those regulations authorise electricity suppliers to disclose to the Secretary of State the information about customers specified in the direction.
4
A scheme electricity supplier must comply with a direction under paragraph (1).
5
If a notice given to a scheme electricity supplier under regulation 6(1) specifies a person who is not a core group customer, or whom the supplier is unable to identify as a core group customer, the supplier must notify the Secretary of State within 30 days after receiving the notice.
6
If, in relation to a scheme year, a scheme electricity supplier does not provide the prescribed rebate to one or more core group customers, the supplier must notify the Authority of —
a
the number of core group customers to whom the supplier has not provided the prescribed rebate;
b
the reasons why the supplier has not provided the prescribed rebate to those persons; and
c
any steps taken by the supplier to attempt to provide the prescribed rebate to those persons.
Provision of information by the Secretary of State
10
The Secretary of State must, in respect of each scheme electricity supplier, notify the Authority as soon as reasonably practicable after the end of each scheme year of —
a
the number of persons specified in notices given to that supplier under regulation 6(1) during the scheme year; and
b
the number of those persons in respect of which the supplier has given a notification under regulation 9(5).
Part 3: Interpretation
11
References in this Part to the Secretary of State, except in regulation 8 and the first reference in regulation 9(1), include a person providing services to the Secretary of State.
PART 4 Non-core spending
CHAPTER 1
General
Determination and notification of non-core spending obligation
12
1
The Secretary of State must —
a
for scheme year 1, by 7 days after the commencement date, and
b
for scheme years 2, 3 and 4, by 14th February preceding the start of the scheme year,
determine and notify to the Authority the aggregate non-core spending obligation.
2
Schedule 1 makes provision about the determination of the aggregate non-core spending obligation.
3
The Authority must —
a
for scheme year 1, by 28 days after the commencement date, and
b
for scheme years 2, 3 and 4, by 14th March preceding the start of the scheme year,
calculate for each compulsory scheme electricity supplier, and notify to that supplier, the amounts specified in paragraph (4).
4
The amounts are —
a
the supplier’s non-core spending obligation (subject to any later adjustment under regulation 14); and
b
the maximum amounts of spending which the supplier may count towards meeting its non-core spending obligation under —
i
Chapter 3 (legacy spending);
ii
Chapter 4 (industry initiatives); and
iii
Chapters 3 and 4 combined.
Calculation of non-core spending obligation
13
1
The non-core spending obligation of a compulsory scheme electricity supplier for a scheme year (subject to any adjustment under regulation 14) is the relevant percentage of the aggregate non-core spending obligation for that scheme year.
2
The relevant percentage, in relation to a compulsory scheme electricity supplier (“C”) and a scheme year, is
X × 100
Y
% where —
a
X is C’s number of domestic customers, unless sub-paragraph (b) or (c) applies;
b
if C is connected to one or more scheme gas suppliers but not to any other compulsory scheme electricity suppliers, X is the combined number of domestic customers of C and its connected scheme gas suppliers;
c
if C is connected to one or more scheme gas suppliers and to one or more other compulsory scheme electricity suppliers, X is a number equal to Z% of the combined number of domestic customers of C and its connected scheme gas suppliers and connected compulsory scheme electricity suppliers; and
d
Y is the total number of domestic customers of all —
i
compulsory scheme electricity suppliers; and
ii
scheme gas suppliers which are connected to a compulsory scheme electricity supplier.
3
In paragraph (2)(c), “Z%” is C’s number of domestic customers as a percentage of the combined number of domestic customers of C and its connected compulsory scheme electricity suppliers.
4
In paragraphs (2) and (3) —
a
references to a supplier’s number of domestic customers are to the supplier’s number of domestic customers on the 31st December preceding the start of the scheme year; and
b
a supplier is to be treated as connected to another supplier if those suppliers were connected on the 31st December preceding the start of the scheme year (but not otherwise).
Adjustments for banking and borrowing
14
1
In scheme years 2, 3 and 4, if the amount of spending incurred under this Part (as determined by the Authority in accordance with regulation 29(d)) by a compulsory scheme electricity supplier in the preceding scheme year (“D t-1 ”) is greater or less than the supplier’s non-core spending obligation for the preceding scheme year (“S t-1 ”), the Authority must adjust the supplier’s non-core spending obligation for the current scheme year (“S”) in accordance with paragraphs (2) and (3).
2
If D t-1 is less than S t-1 , S is to be adjusted by adding (S t-1 – D t-1 ).
3
If D t-1 is greater than S t-1 , S is to be adjusted by subtracting —
a
(D t-1 – S t-1 ), unless sub-paragraph (b) applies ; or
b
1% of S t-1 , if the amount determined under sub-paragraph (a) is greater than 1% of S t-1 .
4
The Authority must notify each compulsory scheme electricity supplier by 30th September in scheme years 2, 3 and 4 —
a
whether any adjustment has been made under this regulation to its non-core spending obligation for that scheme year; and
b
if so, the adjusted amount of the supplier’s non-core spending obligation.
Types and amounts of spending
15
1
In each scheme year a compulsory scheme electricity supplier must, subject to paragraph (2), incur spending under this Part to the amount of its non-core spending obligation.
2
In relation to scheme year 1, 2 or 3, a compulsory scheme electricity supplier is not in breach of paragraph (1) if the amount of spending incurred by the supplier under this Part (as determined by the Authority in accordance with regulation 29(d)) is equal to or greater than 99% of its non-core spending obligation.
3
The spending to be incurred by a compulsory scheme electricity supplier under this Part —
a
must, in each scheme year, include the provision of rebates to broader group customers under Chapter 2;
b
if the supplier is a relevant supplier, may in scheme years 1, 2 and 3 include legacy spending under Chapter 3, subject to the limits in paragraph (4)(a) and (c); and
c
may include spending on industry initiatives under Chapter 4, subject to the limits in paragraph (4)(b) and (c).
4
The maximum amount of spending that a compulsory scheme electricity supplier may count towards its non-core spending obligation —
a
under Chapter 3, is the relevant percentage of —
i
£140 million in scheme year 1;
ii
£70 million in scheme year 2; and
iii
£35 million in scheme year 3;
b
under Chapter 4, in any scheme year, is the relevant percentage of £30 million; and
c
under Chapters 3 and 4 combined, is the relevant percentage of —
i
£150 million in scheme year 1;
ii
£85 million in scheme year 2; and
iii
£53 million in scheme year 3.
5
In paragraph (4), “the relevant percentage” means the percentage determined under regulation 13(2).
Spending by connected scheme suppliers
16
1
Paragraph (2) applies if a compulsory scheme electricity supplier (“C”) is connected to one or more scheme gas suppliers, but is not connected to another compulsory scheme electricity supplier.
2
C may treat the amount of any spending incurred under Chapter 3 or Chapter 4 by a connected scheme gas supplier as an amount of spending incurred by C.
3
Paragraph (4) applies if C is connected to one or more scheme gas suppliers and to one or more compulsory scheme electricity suppliers.
4
C may treat Z% of the amount of any spending incurred under Chapter 3 or Chapter 4 by a connected scheme gas supplier as an amount of spending incurred by C.
5
In paragraph (4), “Z%” is C’s number of domestic customers as a percentage of the combined number of domestic customers of C and its connected compulsory scheme electricity suppliers.
Spending incurred before commencement date
17
1
Paragraph (2) applies if these Regulations come into force after 1st April 2011.
2
In scheme year 1, a compulsory scheme electricity supplier may treat as an amount of spending incurred under Chapter 3 or Chapter 4 any spending which —
a
was incurred between 1st April 2011 and the commencement date; and
b
would have counted towards its non-core spending obligation by virtue of Chapter 3 or Chapter 4, if these Regulations had come into force on 1st April 2011.
CHAPTER 2
The broader group
Broader group customers
18
1
A compulsory scheme electricity supplier must, in each scheme year, provide the prescribed rebate to domestic customers selected by the supplier (“broader group customers”), who appear to the supplier to meet eligibility criteria determined by the supplier and approved by the Authority in accordance with this Chapter.
2
Paragraph (1) does not require a compulsory scheme electricity supplier to provide the prescribed rebate to every domestic customer meeting its eligibility criteria.
3
A compulsory scheme electricity supplier may not treat a rebate as being provided under this Chapter if it is provided to a core group customer pursuant to a notice under regulation 6.
Eligibility criteria and verification measures
19
1
A compulsory scheme electricity supplier must determine, and notify to the Authority —
a
eligibility criteria which the supplier proposes to apply in selecting broader group customers; and
b
measures (“verification measures”) to be taken before providing the prescribed rebate to a broader group customer, for the purpose of verifying so far as reasonably practicable that the customer meets the supplier’s eligibility criteria.
2
A supplier may make —
a
a notification for the purposes of one or more scheme years; and
b
more than one notification in respect of a scheme year.
3
When the Authority receives a notification, it must decide whether to approve —
a
the eligibility criteria; and
b
the verification measures.
4
The Authority must approve a supplier’s eligibility criteria if, but only if —
a
they satisfy Condition 1; and
b
in the case of eligibility criteria notified for the purposes of any of scheme years 2, 3 and 4, they also satisfy Condition 2.
5
Condition 1 is that either —
a
the eligibility criteria consist of —
i
one or more of the descriptions of persons in Part 1 of Schedule 2; or
ii
a description, or descriptions, of persons, all the members of which fall within one or more of the descriptions of persons in Part 1 of Schedule 2; or
b
the Authority is satisfied that customers meeting the criteria will wholly or mainly be persons in fuel poverty, or in a fuel poverty risk group.
6
Condition 2 is that the criteria are such as to ensure that in scheme years 2, 3 and 4, customers meeting the criteria will wholly or mainly be persons who were not core group customers in the previous scheme year.
7
The Authority must approve a supplier’s proposed verification measures if, but only if —
a
they include all the measures specified in Part 2 of Schedule 2; or
b
the Authority is satisfied that the measures will be at least as effective as those specified in Part 2 of Schedule 2 for the purpose of verifying so far as reasonably practicable that customers provided with the prescribed rebate under this Chapter meet the supplier’s eligibility criteria.
Provision of rebate to broader group customers
20
1
Where a compulsory scheme electricity supplier provides the prescribed rebate to a domestic customer, that rebate is only to be treated as being provided under this Chapter if —
a
the supplier has notified eligibility criteria and verification measures to the Authority;
b
either —
i
the rebate is provided after the Authority has approved the eligibility criteria and verification measures; or
ii
in scheme year 1, the rebate is provided before the Authority has decided whether to approve the eligibility criteria and verification measures, and the Authority subsequently approves them;
c
the supplier applies its verification measures; and
d
it appears to the supplier that the customer meets its eligibility criteria.
2
A compulsory scheme electricity supplier must provide the prescribed rebate to a broader group customer by —
a
crediting to the customer’s electricity account an amount as a result of which the amount (including Value Added Tax) charged to the customer is reduced by the amount of the prescribed rebate;
b
tendering payment of the amount of the prescribed rebate to the customer; or
c
providing a customer who pre-pays for electricity with credit in the amount of the prescribed rebate against the cost (including Value Added Tax) of future electricity use.
3
The date on which a compulsory scheme electricity supplier provides the prescribed rebate to a customer is the date on which the supplier complies with paragraph (2).
4
Where a compulsory scheme electricity supplier provides the prescribed rebate to a domestic customer under this Chapter, it must —
a
specify on the customer’s bill; or
b
otherwise notify the customer in writing,
that the customer has been given a rebate under the Warm Home Discount scheme.
CHAPTER 3
Legacy spending
Legacy spending
21
1
Subject to regulation 15(4) and to paragraph (3), a compulsory scheme electricity supplier which is a relevant supplier may count towards its non-core spending obligation for a scheme year —
a
the amount of any legacy spending incurred by the compulsory scheme electricity supplier in the scheme year; and
b
if the compulsory scheme electricity supplier is connected to a scheme gas supplier which is a relevant supplier, the amount of any legacy spending incurred by the scheme gas supplier, to the extent permitted by regulation 16.
2
The amount of legacy spending incurred by a relevant supplier in a scheme year is the sum of —
a
the amount (excluding Value Added Tax) of relevant benefits in the form of rebates; and
b
the value of relevant benefits in the form of discounted tariffs (excluding any reduction in the amount of Value Added Tax paid by eligible customers as a result of the provision of those tariffs),
provided to eligible customers by that supplier in the scheme year.
3
A compulsory scheme electricity supplier may not in any scheme year count towards its non-core spending obligation the amount or value of relevant benefits provided to a number of eligible customers exceeding the number specified in paragraph (4).
4
The number referred to in paragraph (3) is the number of eligible customers who were provided with a financial benefit in the period 1st April 2010 to 31st March 2011 under a voluntary commitment by —
a
the compulsory scheme electricity supplier; or
b
a connected scheme gas supplier.
Provision of rebates
22
1
A rebate to an eligible customer under this Chapter must be provided by —
a
crediting the rebate to the customer’s account;
b
tendering payment to the customer; or
c
providing a customer who pre-pays for a fuel type with credit against future use of that fuel type.
2
The date on which a relevant supplier provides a rebate to an eligible customer is the date on which the supplier complies with paragraph (1).
Reference tariffs
23
1
For each scheme year the Authority must, in relation to each relevant supplier, for each combination of —
a
fuel type supplied by the supplier; and
b
payment method accepted by the supplier,
designate a tariff offered by the supplier as a reference tariff for the purpose of determining the value of discounted tariffs provided by the supplier.
2
In designating a tariff as a reference tariff, the Authority must take account of the desirability of a reference tariff meeting as many as possible of the criteria specified in paragraph (3).
3
The criteria referred to in paragraph (2) are that the tariff —
a
is available to all domestic customers;
b
is an enduring tariff; and
c
is not offered with an incentive (such as cashback, or discounts on other products).
4
The Authority must consult a relevant supplier before designating a tariff offered by that supplier as a reference tariff.
5
In paragraph (3)(b), “enduring tariff” means a tariff which —
a
has been continuously available to new customers for a period of not less than one year; or
b
the Authority is satisfied that the supplier intends to make continuously available to new customers for a period of not less than one year.
Calculation of legacy spending
24
1
Each relevant supplier must provide to the Authority, within 8 weeks after the commencement date, details of —
a
the criteria which the supplier applied in the period from 1st April 2010 to 31st March 2011 to determine eligibility of domestic customers for relevant benefits provided by the supplier under its voluntary commitment; and
b
the number of domestic customers to whom the supplier provided a relevant benefit in the period from 1st April 2010 to 31st March 2011 under its voluntary commitment.
2
Each relevant supplier must provide to the Authority, within 8 weeks after the end of each scheme year, the information specified in Part 1 of Schedule 3.
3
The Authority may extend the time limits in paragraphs (1) and (2).
4
Part 2 of Schedule 3 specifies the method to be used by the Authority to determine, under regulation 29, the amount of legacy spending incurred by a relevant supplier under this Chapter through the provision of discounted tariffs.
5
Paragraphs (1) and (2) are without prejudice to the Authority’s power to request information under regulation 30.
Chapter 3: Interpretation
25
In this Chapter, and in Schedule 3 —
“discounted tariff” means a relevant supplier’s tariff for the supply of a fuel type to domestic customers paying by a particular payment method, which is cheaper than that supplier’s reference tariff for the supply of that fuel type with that payment method;
“eligible customer”, in relation to a relevant supplier, means a domestic customer appearing to the supplier to meet criteria which were applied by the supplier in the period from 1st April 2010 to 31st March 2011 to determine eligibility for a financial benefit provided by the supplier under a voluntary commitment;
“fuel type” means —
electricity (other than as part of a supply of dual fuel);
gas (other than as part of a supply of dual fuel); or
dual fuel;
“payment method” means —
standard credit;
direct debit; or
pre-payment;
“reference tariff” means a tariff designated by the Authority under regulation 23(1);
“relevant benefit” means —
a discounted tariff; or
a rebate (of any amount), other than one provided under Part 3 or under Chapter 2 of this Part; and
“standard credit” means a payment method whereby payment —
is not made by direct debit; and
falls due periodically on or following the issue of a bill.
CHAPTER 4
Industry initiatives
Industry initiatives
26
1
Subject to regulation 15(4) and to paragraphs (2) and (3), a compulsory scheme electricity supplier may in respect of any scheme year count towards its non-core spending obligation spending (excluding Value Added Tax) incurred in that scheme year on an activity of a kind listed in the first column of the table in Schedule 4 (an “industry initiative”) by —
a
that supplier; or
b
any connected scheme gas supplier, to the extent permitted by regulation 16.
2
Spending on industry initiatives may not count towards a compulsory scheme electricity supplier’s non-core spending obligation if it —
a
is incurred pursuant to a requirement in any other enactment, or in an electricity supply or gas supply licence;
b
is counted by a scheme supplier towards a spending obligation or target imposed by any other enactment, or by an electricity supply or gas supply licence; or
c
falls within an exception in the second column of the table in Schedule 4.
3
Paragraph (1) only applies in relation to spending on an industry initiative if —
a
the industry initiative has been notified to the Authority under regulation 27; and
b
either —
i
the spending is incurred after the Authority has approved the industry initiative; or
ii
in scheme year 1, the spending is incurred before the Authority has decided whether to approve the industry initiative, and the Authority subsequently approves it.
Approval of industry initiatives
27
1
A compulsory scheme electricity supplier that wishes to count spending on industry initiatives towards its non-core spending obligation must notify the Authority of the industry initiatives which it, or any connected scheme gas supplier, proposes to carry out.
2
A supplier may make —
a
a notification for the purposes of one scheme year, or for the purposes of more than one scheme year; and
b
more than one notification in respect of a scheme year.
3
The Authority must approve a supplier’s notification if, but only if, it is satisfied that the supplier’s proposed industry initiatives —
a
meet the criteria specified in an entry in the first column of the table in Schedule 4, and do not fall within an exception specified in a corresponding entry in the second column of the table;
b
include adequate measures to ensure, so far as reasonably practicable, that benefits provided under the initiatives are provided wholly or mainly to persons in fuel poverty or in a fuel poverty risk group; and
c
will provide value for money.
PART 5 Supplementary
Approvals by the Authority: procedure
28
1
This regulation applies to notifications to the Authority under regulation 19 or regulation 27.
2
A notification must be in such form, and contain such information, as the Authority requires.
3
The Authority must, within the period specified in paragraph (4) —
a
notify the supplier of its decision; or
b
if the Authority requires further information from the supplier before determining the notification, request that information from the supplier.
4
The period referred to in paragraph (3) is —
a
28 days after receipt of the notification, except where sub-paragraph (b) applies;
b
12 weeks after the commencement date, if the notification is received by the Authority within 8 weeks after the commencement date.
5
When a supplier replies to a request for further information, the Authority must within 28 days after receiving the reply —
a
notify the supplier of its decision; or
b
if the Authority still requires further information before determining the notification, request that information from the supplier.
6
If the Authority refuses to approve a supplier’s notification, or part of a notification, the Authority must give reasons for its refusal.
Determination of amounts spent by scheme suppliers
29
1
The Authority must, in respect of each scheme year, determine as soon as reasonably practicable after the end of the scheme year —
a
the total amount of rebates provided in the scheme year, or treated as being provided in the scheme year, by each scheme electricity supplier under Part 3;
b
the total amount of rebates provided in the scheme year by each compulsory scheme electricity supplier under Chapter 2 of Part 4; and
c
the total amounts of —
i
legacy spending under Chapter 3 of Part 4; and
ii
spending on industry initiatives under Chapter 4 of Part 4,
incurred by, or treated as being incurred by, each compulsory scheme electricity supplier which that supplier may count towards its non-core spending obligation for the scheme year; and
d
the total amount of spending incurred by, or treated as being incurred by, each compulsory scheme electricity supplier (being the sum of the amounts determined for that supplier under sub-paragraphs (b) and (c)) which that supplier may count towards its non-core spending obligation for the scheme year.
Provision of information to the Authority
30
1
The Authority may request from a scheme supplier such information as the Authority requires for the purpose of carrying out any of its functions in relation to the Warm Home Discount scheme.
2
A request under paragraph (1) may specify —
a
the date by which the information is to be provided; and
b
the form in which the information is to be provided.
3
A scheme supplier must comply with a request under paragraph (1).
Reviews of the scheme
31
The Secretary of State must conduct a review —
a
of the scheme, if the Secretary of State is satisfied that a review would be desirable because of a significant change in circumstances since the commencement of the scheme;
b
of any aspect of the operation of the scheme, if the Secretary of State is satisfied that a review would be desirable because that aspect of the scheme is not, or may not be, operating effectively or its effectiveness could be improved.
Marland of Odstock
Parliamentary Under Secretary of State
Department of Energy and Climate Change
31st March 2011
We consent.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2011