About The EDP
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.
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.
As set out in its terms of reference the EDP will report annually on its activity during the previous year. See our enforcement annual reports page.
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.
EDP Register of Interests
As part of our commitment to transparency, Ofgem publishes the disclosable interests (pursuant to the Ofgem Declaration of Interests policy for all staff) of the members of its Board (the Gas and Electricity Markets Authority), Executive Committee and Enforcement Decisions Panel.