The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/419 |
2024 No. 419
ELECTRICITY
The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024
Made 20th March 2024
Coming into force 1st April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 6(1) and (6), 9(1), (6) and (7), 17, 19 and 21(1) of the Energy Act 20131.
Before making these Regulations, the Secretary of State—
(a) consulted the persons mentioned in section 24(1)(a) to (g) of that Act and such other persons as the Secretary of State considered it appropriate to consult; and
(b) had regard to the matters in section 5(2) of that Act.
In accordance with section 6(8) of the Energy Act 2013, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024.
(2) These Regulations come into force on 1st April 2024.
(3) These Regulations extend to England and Wales and Scotland.
Amendments to the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015
2. The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 20152are amended as set out in regulations 3 to 7.
Regulation 2 (interpretation)
3.—(1) Regulation 2(1) is amended as follows.
(2) After the definition of “force majeure application” insert—
“
“insolvent” in relation to a person means circumstances where—
(a) the person is unable to pay their debts as those debts fall due, or
(b) the value of the person’s assets is less than the amount of the person’s liabilities, taking into account the person’s contingent and prospective liabilities;
Regulation 8 (EII certificates)
4.—(1) Regulation 8 is amended as follows.
(2) In paragraph (2)(b) substitute—
“
(b)
(b) it is reasonable to assume that, at the date of making the application, the person is not insolvent or likely to be insolvent.
(3) For paragraph (7)(c) substitute—
“
(c)
(c) sub-paragraph (b) of that test is met in relation to the person’s business.
(4) Omit paragraphs (9) and (10).
Regulation 10 (applications for EII certificates)
5.—(1) Regulation 10 is amended as follows.
(2) In paragraph (2)(p) for “in difficulty (see regulation 8(10))” substitute—
“
insolvent or likely to become insolvent within the period of the EII certificate.
(3) For paragraph (7) substitute—
“
7 The Secretary of State may decide not to issue an EII certificate in respect of an EII application where, in the opinion of the Secretary of State—
(a) the information or evidence contained in that application pursuant to paragraph (2)...
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