Posts

The 9 steps necessary for the level at which the Tariff Cap is set to be changed

 A detailed account of the legal basis in the Domestic Gas and Electricity (Tariff Cap) Act 2018 for the 9 Steps is set out in an earlier post here: The legal steps that the Gas and Electricity Markets Authority must take to change the level at which the Tariff Cap is set The purpose of this post is to provide a convenient, succinct reference to the 9 steps that the Gas and Electricity Markets Authority must take before a proposed change in the level at which the Tariff Cap is set has legal effect. The blog post linked to above provides the basis in the Domestic Gas and Electricity (Tariff Cap) Act 2018 that underlies the 9 Steps summarised here. Step 1 - The Gas and Electricity Markets Authority carries out a six-monthly Review of the level at which the Tariff Cap is set. "The six-monthly Review". Step 2 - The Gas and Electricity Markets Authority publishes a "Proposed Change Statement". Step 3 - The Gas and Electricity Markets Authority publishes a "Notice of

The legal steps that the Gas and Electricity Markets Authority must take to change the level at which the Tariff Cap is set

[Minor edits were made on 13th September 2022 to correct minor typos in the text.]  The Domestic Gas and Electricity (Tariff Cap) Act 2018 is the legislation which defines the powers and duties of the Gas and Electricity Markets Authority with respect to the Tariff Cap which may be charged for the supply of gas and electricity to homes. The full text of the Domestic Gas and Electricity (Tariff Cap) Act 2018 (the "2018 Act") can be accessed online here: Domestic Gas and Electricity (Tariff Cap) Act 2018 The provision of the 2018 Act which directly refers to the Gas and Electricity Markets Authority proposing to change the level at which the Tariff Cap is set out is Section 6 of the 2018 Act. For convenience I reproduce the text of Section 6 of the 2018 Act here: 6 Review of level at which cap is set (1) The Authority must, at least once every 6 months while tariff cap conditions have effect, review the level at which the cap is set. (2) As soon as practicable after carrying ou

The UK Energy Emergency: My Letter Before Claim of 30th August 2022

 My Letter Before Claim (with my home address redacted) can be accessed via the following link: Dr. Andrew Watt's Letter Before Claim of 30th August 2022 A Letter Before Claim includes much formulaic text in order to conform to the Administrative Court's requirements as to the content of a Letter Before Claim. I hope, either later today or in the next few days, to create a post which summarises the essential legal points made in the Letter Before Claim.  It seems to me to be likely that many readers will find it easier to understand the legal arguments I make when stripped of the administrative requirements of a Letter Before Claim.

Letter Before Claim sent to the Treasury Solicitor and Ofgem on 30th August 2022

 My Letter Before Claim (the first formal step towards a Claim for Judicial Review in the Administrative Court) was sent by email to the Treasury Solicitor and to Ofgem on 30th August 2022. The Proposed Defendants are the Gas and Electricity Markets Authority and the Secretary of State for Business, Energy and Industrial Strategy (Kwasi Kwarteng). In the Letter Before Claim I named Nicola Sturgeon MSP as an Interested Party. The proposed deadline for reply is 17.00 on Tuesday 6th September 2022.

A new blog: The UK Energy Emergency

I have created a new blog whose primary purpose is to put into the public domain my intention to pursue a Claim for Judicial Review in the United Kingdom Courts. I hope to be in a position within the next 48 hours to send a Pre-Action Protocol Letter Before Claim to the Gas and Energy Marketing Authority and to the relevant Government Ministers. I also hope to be able to put a copy of the Letter Before Claim into the public domain.