The Electricity (Standards of Performance) (Amendment) Regulations 2023
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Change 1
2 Amendments to the Principal Regulations
(1) Regulation 3(1) (interpretation) is amended as follows— (a) in the definition “consumer advocacy body” substitute “the Scottish Association of Citizens Advice Bureaux” with “Consumer Scotland”, (b) after the definition of “pay” insert the following new definition— “prescribed cap” means the amount in column 4 of Part 1A of Schedule 2, opposite the reference to that paragraph of the regulation in column 1 of Part 1A of that Schedule, or such other amount as adjusted by virtue of regulation 21A;”, and (c) in the definition of “prescribed sum” after “where the customer is a non-domestic customer the amount in column 4 of Part 1 of Schedule 2,” insert “or such other sum calculated in accordance with regulation 21A”. (2) In regulation 4 (supply restoration standards of performance for electricity distributors)— (a) omit the definitions “category 3 severe weather conditions”, “category 3 threshold number of customers”, “total number of customers interrupted” and “upper-threshold number of customers” in paragraph (1), and (b) substitute paragraph (2), including (a) and (b), with the following— (2) For the purposes of calculating and making compensation payments under regulations 5, 6, 7 and 8, where supply is interrupted to a directly connected premises, and the relevant electricity distributor is not a designated electricity distributor, that interruption is deemed to have been caused by the same category of event applicable to the designated electricity distributor in whose distribution services area that relevant electricity distributor operates. (3) In sub-paragraph 3(b) of regulation 5 (supply restoration: normal conditions) substitute “1, 2 or 3” with “1 or 2”. (4) In sub-paragraph (2) of regulation 6 (supply restoration: normal conditions – 5,000 or more customers’ premises interrupted) substitute “a maximum of £300” with “the prescribed cap”. (5) In regulation 7 (supply restoration: severe weather conditions— (a) omit paragraphs (3), (6) and (7), (b) in sub-paragraph (4)(b)— (i) substitute “12” with “6”, and (ii) substitute “a maximum of £700” with “the prescribed cap”. (6) In regulation 9 (exemptions from the normal and severe weather restoration standards)— (a) in sub-paragraph (4)(a) after “regulation 5(1), 6(1), 7(1), 7(2)” omit “, 7(3)”, (b) in sub-paragraph (4)(b) after “regulation 5(1), 6(1), 7(1), 7(2)” omit “, 7(3)”, and (c) in sub-paragraph (12)(c)— (i) substitute “(4)(a), (5)(a) and (6)(a)” with “4(a) and 5(a)”, and (ii) substitute “(4)(b), (5)(b) and (6)(b)” with “4(b) and 5(b)”. (7) In regulation 19 (payments)— (a) in sub-paragraph (8)(c)(i) after “cash;” omit “or”, (b) in sub-paragraph (8)(c)(ii) after “or electrical plant” insert “; or”, and (c) insert a new sub-paragraph “(iii) bank transfer”. (8) After regulation 21 insert the following— Indexation of prescribed caps and prescribed sums 21A. (1) The prescribed sums for each financial year beginning with 1 April 2024 are calculated by— (a) adjusting the sums specified in columns 3 and 4 of Part 1 of Schedule 2 by the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2023; and (b) rounding the resulting figure to the nearest £5. (2) In the calculation of prescribed caps for each financial year beginning with 1 April 2024, the sums in column 2 of Part 1A of Schedule 2 are adjusted by— (a) the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2023; and (b) rounding the resulting figure to the nearest £5. (3) In this regulation, “CPIH index” means the consumer prices index including owner occupiers’ housing costs (all items) published by the Office for National Statistics. (9) For the table in Part 1 of Schedule 2 (prescribed periods and prescribed sums applicable to all relevant operators) substitute the following table— (1) Regulation | (2) Prescribed period | (3) Prescribed sum domestic customers(£) | (4) Prescribed sum non-domestic customers(£) 5(2)(a) | 12 hours | 90 | 175 5(2)(b) | 12 hours | 40 | 40 6(2)(a) | 24 hours | 90 | 175 6(2)(b) | 12 hours | 40 | 40 7(4)(a) | 24 hours | 80 | 80 7(4)(b) | 6 hours | 40 | 40 7(5)(a) | 48 hours | 80 | 80 7(5)(b) | 6 hours | 40 | 40 8(2) | 24 hours | 90 | 175 10(4) | a relevant year | 90 | 90 11(3) | three hours on a working day, four hours on any other day | 35 | 35 12(4) | 2 days | 35 | 70 12(5) | 5 days | 35 | 70 12(6) | 2 days | 35 | 70 13(2) | 7 working days | 35 | 35 13(4)(a) | not applicable | 35 | 35 13(4)(b) | 5 working days | 35 | 35 17(3)(b) | not applicable | 35 | 35 17(4)(b) | not applicable | 35 | 35 19(4) | 10 working days | 35 | 35 19(5) | 10 working days | 35 | 35 (10) After Part 1 in Schedule 2 (prescribed periods and prescribed sums applicable to all relevant operators) insert— Part 1A Prescribed caps applicable to all electricity distributors (1) Regulation | (2) Sum | (3) Multiplier | (4) Prescribed Cap 6(2)(b) | 90 | 4 | £360 7(4)(b) | 80 | 25 | £2000 7(5)(b) | 80 | 25 | £2000 (11) For the table in Part 3 of Schedule 2 substitute the following table— (1) Designated electricity distributor | (2) Eight times the mean daily faults at distribution higher voltage | (3) Thirteen times the mean daily faults at distribution higher voltage ENWL | 55 | 89 NPGN | 37 | 60 NPGY | 42 | 68 WMID | 68 | 111 EMID | 54 | 88 SWALES | 43 | 70 SWEST | 71 | 115 LPN | 17 | 28 SPN | 66 | 107 EPN | 94 | 152 SPD | 72 | 116 SPMW | 66 | 108 SSEH | 67 | 109 SSES | 78 | 127
2 Amendments to the Principal Regulations
(1) Regulation 3(1) (interpretation) is amended as follows— (a) in the definition “consumer advocacy body” substitute “the Scottish Association of Citizens Advice Bureaux” with “Consumer Scotland”, (b) after the definition of “pay” insert the following new definition— “prescribed cap” means the amount in column 4 of Part 1A of Schedule 2, opposite the reference to that paragraph of the regulation in column 1 of Part 1A of that Schedule, or such other amount as adjusted by virtue of regulation 21A;”, and (c) in the definition of “prescribed sum” after “where the customer is a non-domestic customer the amount in column 4 of Part 1 of Schedule 2,” insert “or such other sum calculated in accordance with regulation 21A”. (2) In regulation 4 (supply restoration standards of performance for electricity distributors)— (a) omit the definitions “category 3 severe weather conditions”, “category 3 threshold number of customers”, “total number of customers interrupted” and “upper-threshold number of customers” in paragraph (1), and (b) substitute paragraph (2), including (a) and (b), with the following— (2) For the purposes of calculating and making compensation payments under regulations 5, 6, 7 and 8, where supply is interrupted to a directly connected premises, and the relevant electricity distributor is not a designated electricity distributor, that interruption is deemed to have been caused by the same category of event applicable to the designated electricity distributor in whose distribution services area that relevant electricity distributor operates. (3) In sub-paragraph 3(b) of regulation 5 (supply restoration: normal conditions) substitute “1, 2 or 3” with “1 or 2”. (4) In sub-paragraph (2) of regulation 6 (supply restoration: normal conditions – 5,000 or more customers’ premises interrupted) substitute “a maximum of £300” with “the prescribed cap”. (5) In regulation 7 (supply restoration: severe weather conditions— (a) omit paragraphs (3), (6) and (7), (b) in sub-paragraph (4)(b)— (i) substitute “12” with “6”, and (ii) substitute “a maximum of £700” with “the prescribed cap”. (6) In regulation 9 (exemptions from the normal and severe weather restoration standards)— (a) in sub-paragraph (4)(a) after “regulation 5(1), 6(1), 7(1), 7(2)” omit “, 7(3)”, (b) in sub-paragraph (4)(b) after “regulation 5(1), 6(1), 7(1), 7(2)” omit “, 7(3)”, and (c) in sub-paragraph (12)(c)— (i) substitute “(4)(a), (5)(a) and (6)(a)” with “4(a) and 5(a)”, and (ii) substitute “(4)(b), (5)(b) and (6)(b)” with “4(b) and 5(b)”. (7) In regulation 19 (payments)— (a) in sub-paragraph (8)(c)(i) after “cash;” omit “or”, (b) in sub-paragraph (8)(c)(ii) after “or electrical plant” insert “; or”, and (c) insert a new sub-paragraph “(iii) bank transfer”. (8) After regulation 21 insert the following— Indexation of prescribed caps and prescribed sums 21A. (1) The prescribed sums for each financial year beginning with 1 April 2024 are calculated by— (a) adjusting the sums specified in columns 3 and 4 of Part 1 of Schedule 2 by the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2023; and (b) rounding the resulting figure to the nearest £5. (2) In the calculation of prescribed caps for each financial year beginning with 1 April 2024, the sums in column 2 of Part 1A of Schedule 2 are adjusted by— (a) the percentage increase or decrease in the CPIH index published for the month of January preceding the financial year for which the adjustment is made in comparison to the CPIH index published for the month of January 2023; and (b) rounding the resulting figure to the nearest £5. (3) In this regulation, “CPIH index” means the consumer prices index including owner occupiers’ housing costs (all items) published by the Office for National Statistics. (9) For the table in Part 1 of Schedule 2 (prescribed periods and prescribed sums applicable to all relevant operators) substitute the following table— (1) Regulation | (2) Prescribed period | (3) Prescribed sum domestic customers(£) | (4) Prescribed sum non-domestic customers(£) 5(2)(a) | 12 hours | 90 | 175 5(2)(b) | 12 hours | 40 | 40 6(2)(a) | 24 hours | 90 | 175 6(2)(b) | 12 hours | 40 | 40 7(4)(a) | 24 hours | 80 | 80 7(4)(b) | 6 hours | 40 | 40 7(5)(a) | 48 hours | 80 | 80 7(5)(b) | 6 hours | 40 | 40 8(2) | 24 hours | 90 | 175 10(4) | a relevant year | 90 | 90 11(3) | three hours on a working day, four hours on any other day | 35 | 35 12(4) | 2 days | 35 | 70 12(5) | 5 days | 35 | 70 12(6) | 2 days | 35 | 70 13(2) | 7 working days | 35 | 35 13(4)(a) | not applicable | 35 | 35 13(4)(b) | 5 working days | 35 | 35 17(3)(b) | not applicable | 35 | 35 17(4)(b) | not applicable | 35 | 35 19(4) | 10 working days | 35 | 35 19(5) | 10 working days | 35 | 35 (10) After Part 1 in Schedule 2 (prescribed periods and prescribed sums applicable to all relevant operators) insert— Part 1A Prescribed caps applicable to all electricity distributors (1) Regulation | (2) Sum | (3) Multiplier | (4) Prescribed Cap 6(2)(b) | 90 | 4 | £360 7(4)(b) | 80 | 25 | £2000 7(5)(b) | 80 | 25 | £2000 (11) For the table in Part 3 of Schedule 2 substitute the following table— (1) Designated electricity distributor | (2) Eight times the mean daily faults at distribution higher voltage | (3) Thirteen times the mean daily faults at distribution higher voltage ENWL | 55 | 89 NPGN | 37 | 60 NPGY | 42 | 68 WMID | 68 | 111 EMID | 54 | 88 SWALES | 43 | 70 SWEST | 71 | 115 LPN | 17 | 28 SPN | 66 | 107 EPN | 94 | 152 SPD | 72 | 116 SPMW | 66 | 108 SSEH | 67 | 109 SSES | 78 | 127
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