The industry codes are ‘live’ documents, meaning that they can be changed. Modifications can be proposed by code parties and in some cases other interested parties including Citizens Advice and Citizens Advice Scotland.
Each code has a panel or committee that oversees the assessment of proposed changes to that code. A general rule is that changes should only be made if they better facilitate that code’s ability to meet its objectives.
For some proposed changes, the code’s panel will also make the final decision on whether implementation is appropriate, but this is not always the case. Certain modifications require consent from our governing body, the Authority.
Our commitment to timely decision making
As we note in our Corporate Strategy and Plan, we are committed to issuing code modification decisions on at least 90 per cent of proposed changes within five weeks of their reaching us for decision.
See our Code Modification / Modification Proposals Decision Timetable for further details.
Right of appeal on decisions
Under the Energy Act 2004, market participants who wish to challenge our decisions on proposed industry code changes may to appeal to the Competition and Markets Authority.
The eligibility criteria for such appeals are determined by the Secretary of State. This designation may be subject to periodic review and change.
The Secretary of State’s current criteria, The Electricity and Gas Appeals (Designation and Exclusion) Order 2014, have determined the following codes are eligible for appeal:
- Balancing and Settlement Code
- Connection and Use of System Code
- Supply Point Administration Agreement
- Master Registration Agreement
- Uniform Network Code
- Distribution Connection and Use of System Agreement (DCUSA)
- Independent Gas Transporters Uniform Network Code (iGT UNC)
- Smart Energy Code (SEC).
- Retail Energy Code (REC)
There are two specific exclusions from the right of appeal for the designated codes shown above. These exclusions are where we are either:
- in agreement with the majority recommendation of the code's own governing panel
- consider that the delay caused by holding an appeal against that decision is likely to have a material adverse effect on the availability of electricity or gas for meeting the reasonable demands of consumers in Great Britain.