Provisional orders and final orders

Enforcement action can include provisional and final orders being made, where appropriate, for breaches of licence conditions and relevant requirements under the Gas Act 1986 and the Electricity Act 1989.

Provisional orders are made with the intention of bringing an end to an apparent (or apparent likely) breach of a licence condition or other relevant requirement and addressing an urgent need to remedy harm caused by that apparent breach. Making a provisional order does not imply a conclusive finding that the regulated person has breached a licence condition or other relevant requirement.

A final order would usually be made at the conclusion of an investigation or at another stage when the Authority is satisfied a breach has occurred, whereas a provisional order is usually made at an earlier stage, where it appears there is a breach and there is a greater urgency to address that apparent breach.

Circumstances in which a provisional order may be made include where it appears that a regulated person is not taking steps to secure compliance, where behaviour needs to be stopped urgently, or where consumers (or other persons) are suffering continuing harm.

For example, provisional orders have been used previously in the following circumstances:

• to prevent serious harm to customers of one energy company who were at risk of having their supplies cut off during cold weather

• to require an energy company not to disconnect customers and to provide the option of prepayment meters for customers in payment difficulties

• to require an energy company to lodge sufficient credit, pay any outstanding debts, and send us a business plan, updated monthly, on the measures it has taken to comply with industry code payment and credit requirements.

A provisional order will lapse if the Authority does not confirm it within three months of it being made. In contrast, once a final order is made, it does not need to be confirmed by the Authority to prevent it lapsing. The Authority does not have to undertake consultation prior to deciding whether to make a provisional order, but must consult before it decides whether to confirm a provisional order. The Authority must consult before it decides whether to make a final order.

The Authority need not make a final order, or make or confirm a provisional order, if the regulated person has agreed to take, and is taking, appropriate steps to comply with the relevant licence condition or requirement, or where the Authority considers that the breach is trivial.

If a regulated person fails to comply with a final order, confirmed provisional order or does not pay a financial penalty imposed on it by the Authority, we may decide to revoke its licence.

Further details in relation to our powers to make and confirm provisional and make final orders can be found in the Enforcement Guidelines.

Links to any current and past provisional orders can be accessed via the list below.

Publications and updates

  • Published: 10th May 2019
  • Investigations
  • 5 Associated documents
On 17 August 2019 the Authority revoked Solarplicity Supply Limited’s licences to supply gas and electricity. As a result, this provisional order is no longer in effect.

  • Published: 8th Mar 2019
  • Investigations
  • 5 Associated documents
On 2 August 2019 the Authority revoked a Final Order that had required Avro to become a DCC User by 25 July 2019.

  • Published: 22nd Feb 2019
  • Investigations
  • 4 Associated documents
We have decided not to confirm the 22 February 2019 provisional order issued to Solarplicity, due to improved performance and an Undertaking provided to take further steps.

  • Published: 12th Feb 2019
  • Investigations
  • 6 Associated documents
On 14 September 2019 the Authority revoked URE Energy’s Electricity Supply Licence for non-compliance with a Final Order.

  • Published: 17th Jan 2019
  • Investigations
  • 3 Associated documents
On 25 February 2019 the Authority decided to revoke the provisional order issued to E (Gas and Electricity) Ltd on 16 January 2019.

  • Published: 4th Jan 2019
  • Investigations
  • 2 Associated documents
Economy Energy ceased trading on 8 January 2019 and its supply licences were revoked on 12 January 2019, ending the Provisional Order of 4 January 2019.

  • Published: 26th Sep 2018
  • Investigations
  • 10 Associated documents
On 9 May 2019 the Authority published its revocation order for the confirmed provisional order issued to npower on 24 September 2018 and confirmed on 26 November 2018.

  • Published: 27th Jun 2018
  • Investigations
  • 5 Associated documents
Iresa ceased trading on 31 July 2018 ending the Provisional Order of 27 March 2018.

  • Published: 3rd Jun 2015
  • Investigations
  • 12 Associated documents
The Authority has confirmed its decision to revoke the Provisional Order issued to Economy Energy. It has published a Notice of Reasons.