Business appointment rules advice: July to September 2024

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Summarises details about former Ofgem staff, at senior levels SCS1 and SCS2 and its equivalents, who have left the civil service. This includes the conditions under which their new employment (paid or unpaid) was approved. These rules apply for either one or two years after leaving, depending on the role.

Ofgem issued a decision on two applications submitted under the business appointment rules between July to September 2024.  

Name of applicant

Full name of applicant: Jourdan Edwards 

Title of former civil service role: Deputy Director – Policy 

Date left or retired from the civil service:  19 July 2024 

Name of new employer: KPMG LLP

New appointment or employment (including when taken up): Consultant - 29 July 2024 

Department’s decision on application (including details of any waiting period or other conditions or restrictions applied):

The following restrictions applied: (during notice):  

  • have access, or written input to papers being developed or sent to GEMA or SEC unless prior agreement from the DG - Infrastructure. 
  • cease to be involved in OFTO governance.
  • stop being involved in work related to onshore competition development
  • focus on matters that are business critical, cover arrangements, handover and the appointment of his successor

The following restrictions will also be put in place in the applicant’s new employment:

  • A restriction on drawing on any privileged information (as defined by Advisory Committee on Business Appointments) available to JE because of his role at Ofgem.
  • For the avoidance of doubt, the applicant shall not use, share or disclose any information obtained or accessed or knowledge gained during their employment with Ofgem relating to any licensee or related companies, whether or not those licensees are clients of KPMG, whether or not that use, sharing or disclosure is to the benefit of KPMG or licensee clients and whether or not that information is also subject to s105 of the Utilities Act 2000.
  • The applicant should seek permission from the DG – Infrastructure in advance of accepting any instructions which would reasonably be considered to give rise to a perceived and/or actual conflict of interest. In such cases, specific conditions can be put in place as appropriate, linked solely to relevant privileged or commercially sensitive information to which they have had access. Given the speed with which government energy policy and consequently Ofgem’s role in delivering such policy, is developing, particularly in relation to Net Zero, this condition is to be interpreted in a fair and proportionate manner, and other than in exceptional circumstances will be time limited to 12 months from the date of his departure.
  • A restriction on becoming personally involved in lobbying Ofgem for two years, and for a period to the end of December 2024, the applicant cannot provide advice on matters pertaining to Ofgem’s regulation of the energy sector (as defined in the Business Appointment Rules).

Name of applicant

Full name of applicant: Rebecca Barnett 

Title of former civil service role: Director – Major Projects 

Date left or retired from the civil service: 4 July 2024 

Name of new employer: Flint Global 

New appointment or employment (including when taken up): Partner – 9th September 2024

Department’s decision on application (including details of any waiting period or other conditions or restrictions applied):

The following restrictions applied: (during notice): 

  • Stop being involved in any future policy discussions or work at Ofgem until the date of leaving and focus only on business-critical handover. 
  • Removed from the DG circulation lists and all directors and SCS are aware of RB’s restrictions. 
  • No attendance at any internal or external meetings which are discussing firm or sector information, or government policy during her last month at Ofgem unless prior agreement from the DG - Infrastructure. 
  • No access, or written input to papers being developed or sent to GEMA or SEC unless prior agreement from the DG - Infrastructure. 
  • Not lead or join any internal meetings that involve external clients and not join any external meetings, regardless of nature unless prior agreement from the DG - Infrastructure. 

 

The following restrictions will also be put in place in the applicant’s new employment:

 

  • A restriction on drawing on any privileged information (as defined by Advisory Committee on Business Appointments) available to the applicant because of the applicant’s role at Ofgem.
  • For the avoidance of doubt, the applicant shall not use, share or disclose any information obtained or accessed or knowledge gained during their employment with Ofgem relating to any licensee or related companies, whether or not those licensees are clients of Flint Global, whether or not that use, sharing or disclosure is to the benefit of Flint Global or licensee clients and whether or not that information is also subject to s105 of the Utilities Act 2000.
  • The applicant should seek permission from the DG – Infrastructure in advance of accepting any instructions which would reasonably be considered to give rise to a perceived and/or actual conflict of interest. In such cases, specific conditions can be put in place as appropriate, linked solely to relevant privileged or commercially sensitive information to which the applicant has had access. Given the speed with which government energy policy and consequently Ofgem’s role in delivering such policy, is developing, particularly in relation to Net Zero, this condition is to be interpreted in a fair and proportionate manner, and other than in exceptional circumstances will be time limited to 12 months from the date of their departure.
  • A restriction on becoming personally involved in lobbying Ofgem for two years, and for a period to the end of December 2024, no advice to clients (on matters pertaining to Ofgem’s regulation of the energy sector (as defined in the Business Appointment Rules).