The Independent System Operator and Planner (Designation) Third Party Compensation Regulations 2024
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3 Claims that may be brought
A person who suffers loss or damage as a result of a relevant act (a “claimant”) may bring a claim for compensation under these Regulations for that loss or damage (a “claim”) if— (a) the claimant is not, in relation to a transfer scheme— (i) the transferor; (ii) a parent undertaking or subsidiary undertaking of the transferor; (iii) a subsidiary undertaking of a parent undertaking of the transferor (other than the transferor), and for these purposes “parent undertaking” and “subsidiary undertaking” have the meanings given in the Companies Act 2006, and (b) the claim relates only to loss or damage that the claimant has suffered as a direct result of a relevant act, and does not relate to any— (i) indirect or consequential loss (including loss of profit, business, contracts, revenues, diminution in value or loss of opportunity); (ii) loss or damage that is already covered by compensation payable under a transfer scheme, whether that compensation is payable to the transferor or to the claimant; (iii) loss or damage in respect of which the claimant is entitled to claim compensation pursuant to any condition of a licence granted under— (aa) section 6 of the Electricity Act 1989, or (bb) any of sections 7 to 7AC of the Gas Act 1986, the main purpose of which is to restrict or otherwise govern the revenue that the licence holder may earn in carrying out activities that are the subject of conditions in the licence, or any decision or determination of the GEMA under such a condition.
3 Claims that may be brought
A person who suffers loss or damage as a result of a relevant act (a “claimant”) may bring a claim for compensation under these Regulations for that loss or damage (a “claim”) if— (a) the claimant is not, in relation to a transfer scheme— (i) the transferor; (ii) a parent undertaking or subsidiary undertaking of the transferor; (iii) a subsidiary undertaking of a parent undertaking of the transferor (other than the transferor), and for these purposes “parent undertaking” and “subsidiary undertaking” have the meanings given in the Companies Act 2006, and (b) the claim relates only to loss or damage that the claimant has suffered as a direct result of a relevant act, and does not relate to any— (i) indirect or consequential loss (including loss of profit, business, contracts, revenues, diminution in value or loss of opportunity); (ii) loss or damage that is already covered by compensation payable under a transfer scheme, whether that compensation is payable to the transferor or to the claimant; (iii) loss or damage in respect of which the claimant is entitled to claim compensation pursuant to any condition of a licence granted under— (aa) section 6 of the Electricity Act 1989, or (bb) any of sections 7 to 7AC of the Gas Act 1986, the main purpose of which is to restrict or otherwise govern the revenue that the licence holder may earn in carrying out activities that are the subject of conditions in the licence, or any decision or determination of the GEMA under such a condition.
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