RECC is continually monitoring Code Members to ensure that they comply with the Renewable Energy Consumer Code and its Bye-Laws. However, sometimes RECC receives information suggesting that Code Members may not have complied with these standards. This information can come from any source, but commonly comes from complaints from consumers, mystery shopping exercises and Trading Standards departments. RECC assesses this information and carries out a further investigation where required before deciding whether any action is needed.
There are various disciplinary steps RECC can take against Code Members, which include:
RECC will write to the Code Member to confirm where it has invoked the disciplinary procedure. The end of the disciplinary process will vary on a case by case basis. It could be when any conditions imposed by the Non-Compliance Panel have been met, or when a Consent Order has been complied with, or once RECC is satisfied with the Code Member's compliance.
Consent Orders
RECC and the Code Member may agree a Consent Order which will set out agreed steps for the Code Member to address any non-compliance and to remedy any breaches of the Renewable Energy Consumer Code or the Bye-Laws, or to otherwise conclude ongoing non-compliance action. If the Code Member does not agree to a Consent Order, or would prefer the matter to be heard by the Non-Compliance Panel, a Hearing will be arranged.
Consent Orders agreed by Code Members
The Non-Compliance Panel
The Non-Compliance Panel considers disciplinary matters which concern Code Members. This includes where there is a concern that the Code Member has breached the Renewable Energy Consumer Code, the Bye-Laws, or a Consent Order. Code Members and RECC are invited to attend and make submissions at Hearings of the Non-Compliance Panel. The Panel will decide where the Code Member has committed any breach, and if so, what sanction, if any, should be placed on the Code Member in accordance with the Bye-Laws.
Non-Compliance Panel determinations
The Appeals Panel
The Renewable Energy Consumer Code may appoint an Appeals Panel as and when required, in line with the Bye-Laws. The Bye-Laws provide that the Appeals Panel shall comprise at least 3 Panel Members the majority of whom, including the Chairman, should be Independent Panel Members. They may also be Supervisory Panel Members. No Appeals Panel Member should have served as a member of the Non-Compliance Panel in relation to a matter under consideration.
The Appeals Panel should determine any appeals in line with the procedure set out in Clause 8 of the Bye-Laws.