The Enforcement Decision Panel (EDP) was established in June 2014 to take important decisions in contested and settlement enforcement cases on behalf of the Gas and Electricity Markets Authority (our governing body).
Why have we created the EDP?
The EDP has been created to allow cases to be decided by dedicated specialists, with an easily visible separation between the investigation and decision-making functions. Members of the panel play a crucial role in continuing to deliver our central duty to protect consumers, facilitate competition and ensure the integrity of the wholesale energy market.
How does the EDP work?
Members of the EDP are appointed by the panel Chair to case decision panels or settlement committees, to hear and take decisions in individual cases. Once appointed to a panel or committee, the role involves delivering our Enforcement Vision by taking decisions on behalf of our governing body as to whether there has been a breach of obligation, competition laws, or REMIT regulations, and whether a penalty or redress package should be imposed and if so what level of penalty or redress.
The EDP’s decisions are independent from the investigating team and our governing body cannot change or over-rule EDP decisions.
New powers in criminal cases
As outlined in the consultation on criminal powers, which can be found in the consultation letter dated 2 July 2015 on Ofgem's proposed prosecution policy statement, The Authority has decided to delegate power to the Chair of the EDP or another legally qualified member of the EDP, to take decisions on whether to proceed with criminal prosecutions. This took effect on 29 February 2016 and full details can be found in the Prosecution Policy Statement.
Terms of Reference and Annual Reports
We have published both the EDP's terms of reference and the terms of reference for Settlement Committees in the Committees of the Authority document on our website.
The EDP has been authorised to take enforcement decisions on behalf of the Civil Aviation Authority for any Competition Act cases. This came into force on 22 April 2016. The Authority is indemnified in relation to any decisions taken by the EDP on behalf of the CAA.
John Swift QC has combined private practice with public sector regulation over the whole of his professional career. He has appeared as Leading Counsel, for regulators and the private sector, in several of the key cases in the UK and EU in which Courts have tested the legality of decisions of regulators, such as the Competition Commission and the European Commission.
From 1993 to 1998 he was Rail Regulator, appointed under the controversial Railways Act to promote the interests of passengers in a new and complex network of relations between train companies. From 2009 to 2016 he was a member of the NHS Cooperation and Competition Panel and then adviser to NHS Improvement (formerly Monitor) established to promote the interests of patients for NHS funded services and an independent member of Ofwat’s Case Work Committee since 2014. In February 2017 he was appointed to the Pension Regulator’s Determination Panel, which makes decisions relating to pension law breaches and uses its powers upon application or to address problems arising within the scheme.
His background is that of a stevedoring family in Liverpool, with his further education at Oxford University and the School of Advanced International Studies, Bologna. He lives in South Oxfordshire, where he is also a Parish Councillor.
Robin Callender Smith is Professor of Media Law at Queen Mary, University of London (QMUL) at its postgraduate Centre for Commercial Law Studies (CCLS). He is a media law and information rights expert. He has worked as a barrister since 1977 after spending four years as a journalist.
He is an Information Rights Judge and an Immigration Judge. He is Chair of the Independent Appeals Board of Phonepay Plus, the premium rate telephone regulator, and is the Independent Adjudicator for the Qatar Financial Centre Regulatory Authority (QFCRA), in respect of its Customer Dispute Resolution Scheme.
He is a Lay Member of the Executive Board of the Chartered Insurance Institute (CII) and a chair of Metropolitan Police Disciplinary Committees. He is a former Deputy Chairman of the FCA’s Regulatory Decisions Committee having served the Committee from 2006 to 2014 and as Deputy Chairman from 2012. He is a former elected member of the Bar Council and Gray's Inn Barristers' Committee and is a Vice President of London Youth, London's largest youth charity.
Amelia Fletcher is Professor of Competition Policy at the Centre for Competition Policy at the University of East Anglia and a Non-Executive Director at the Financial Conduct Authority and the Payment Systems Regulator. She is also an academic advisor to Ofcom, a policy advisor to Which? and a member of the Oxera Economic Council.
Amelia has extensive experience in competition and consumer policy. She was Chief Economist at the Office of Fair Trading (OFT) between 2001 and 2013, where she also lead the OFT’s Mergers and Competition Policy teams, as well as acting as a case Decision Maker. Before this, she was an economic consultant at Frontier Economics (1999-2001) and London Economics (1993-1999).
She has a DPhil and MPhil in economics from Nuffield College, Oxford. She has been on the Councils of the Royal Economic Society and the Association of Competition Economics and on the advisory panel for the ESRC Centre for Economic Learning and Social Evolution. In 2014 she was awarded an OBE for services to competition and consumer economics.
Elizabeth France is Chair of the Security Industry Authority, Chair of the Police Advisory Board for England and Wales, a member of the British Transport Police Authority, Vice President of Aberystwyth University, a member of the General Assembly of Manchester University and Deputy Chair of the FCA’s Regulatory Decisions Committee and the PSR’s Enforcement Decisions Committee.
Until 31 March 2014 Elizabeth was Chair of the Office for Legal Complaints. From 2002 to 2009 she was Chief Ombudsman and Chief Executive of the Ombudsman Service Ltd., which provided the Telecommunications Ombudsman Service (Otelo), the Energy Ombudsman Service and the Surveyors Ombudsman Service. She was a Non-Executive Director of the Serious Organised Crime Agency from 2005-2010.
Elizabeth began her career in the Home Office, became the Data Protection Registrar in September 1994 and Information Commissioner in January 2001.
She has been awarded honorary doctorates by the Universities of De Montfort, Loughborough and Bradford and is a Fellow of Aberystwyth University. In June 2002 she was awarded a CBE for services to data protection.
Trevor Jones has gained over 30 years’ experience in the Financial Services industry at businesses including Barclays Bank and Lloyds Banking Group. He has held a number of senior roles including the leadership of Risk, Financial Crime, Compliance, Audit and Finance functions, as well as shaping the business by driving the Governance and Compliance agendas for UK banks.
He has held a number of positions on Boards and chairing committees tasked with shaping compliance for large financial institutions. Having seen the regulatory landscape change over his career, he founded a consulting service specialising in the provision of compliance and risk advice to banking and insurance companies. He lectures on compliance. Trevor works for Vitality Insurance as Internal Audit Director and is a Consultant with the Berkley Research Group in Compliance and Conduct Risk.
Andrew Long is an experienced regulatory decision maker and judge.
His current other regulatory decision making roles are as Deputy Chair (formerly Chair) of the Regulatory Decisions Committee at the Financial Conduct Authority, Chair of the Determinations Panel of the Pensions Regulator and Panel Chair for the Access Disputes Committee (of the regulated rail industry).
He has been a Deputy District Judge of the High Court and County Court since 2009 and a Judge of the First Tier Tax Tribunal since 2009. He was formerly a Board member of the Solicitors Regulation Authority where he chaired one of its principal committees. He has written extensively on regulatory law, including part of a major textbook on financial services regulation. His main career was as a partner at Pinsent Masons solicitors, where he led the financial services regulation practice.
Stuart McIntosh is a member of the FCA’s and the PSR’s Competition Decision Committees, a member of the PSR’s Enforcement Decisions Committee, a senior adviser to KPMG’s Economics and Regulatory Practice (on issues in the Communications Sector), and a member of the ManSat Advisory Board.
Between 2008 and 2014 Stuart was Group Director, Competition, at Ofcom, the UK Communications Regulator, and an executive member of the Ofcom Board. Stuart was responsible for Ofcom’s work relating to the economic regulation of the telecommunications, broadcasting and postal sectors in the UK, dispute resolution (between companies in the communications sector) as well as Ofcom’s work under the Competition Act.
Prior to Ofcom, Stuart held senior executive or partner positions in several major organisations including IBM, PricewaterhouseCoopers and British Telecom. Stuart began his career as a member of the UK Government Economic Service.
Stuart holds a BSc and an MSc in Economics, both taken at the London School of Economics.