The Renewable Energy Consumer Code has appointed a Non-Compliance Panel in line with the Bye-Laws. The Bye-Laws provide that the Non-Compliance Panel must comprise at least 3 Panel Members, the majority of whom, including the Chair, should be independent of the domestic small-scale renewable or low carbon heat or power generator sector. Non-Compliance Panel members may not be representatives of Renewable Energy Assurance Ltd or other 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. This is designed to be a process in which Code Members can represent themselves without the need for legal representation although legal representation is permitted if required.
The Non-Compliance Panel is chaired by Keith Richards. The other Panel Members are: Amanda McIntyre, Sally Oakley, Michelle Peters, Elizabeth Stallibrass, Helen White and Alan Wilson.
Non Compliance costs:
Under clause 10 of the Bye-Laws, RECC and the Code Member may apply for costs in respect of any Hearing before the Non-Compliance Panel. Clause 10 includes examples of items which may be included in RECC's claim for costs. These include, for example, the costs of Panel Members’ and the Panel Secretariat’s time, room hire, recording of the Hearing and legal costs (if any). They also include the cost of investigating any alleged breach of the Code and the costs of Monitoring and Audits. RECC’s investigation costs are charged at £65 an hour. Full details of the Bye-laws and clause 10 can be found here: https://www.recc.org.uk/scheme/bye-laws
In 2014, the basic cost of arranging a Hearing was £3,500 (This is given as a guide only and includes the cost of Panel Members' time, recording and photocopying in a straightforward matter only. Costs can vary and can be significantly more depending on the work and resources required and whether there is legal representation).
Keith Richards is Chairman of the Non-Compliance Panel. He is a barrister, an accredited mediator, conciliator and arbitrator, and is the author of several consumer law books. He is currently Chair of the Civil Aviation Authority Consumer Panel, Chair of the Global Ethics Group of the Royal Institute of Chartered Surveyors (RICS) and is an independent member of the Regulatory Board of the RICS. Previously he was Vice Chair of the Confederation of British Industry’s Consumer Affairs Panel. Keith was for many years Head of Business Development and Consumer Affairs at ABTA and was Senior Campaigns Lawyer at Which?