On 21 July 2023, the Authority made a Revocation Order in accordance with section 25(7)(c) of the Electricity Act 1989 and Section 28(7)(c) of the Gas Act 1986. The Authority is now satisfied that the provision/s made by the confirmed provisional order are no longer requisite for the purpose of securing Foxglove’s compliance with SLC 4B. As such, the provisional order is no longer in place.
On 13 June 2023, the Authority decided to publish its notice of proposal to revoke the confirmed provisional order, dated 4 October 2022, imposed on Foxglove. The Authority is now satisfied that the provision/s made by the confirmed provisional order are no longer requisite for the purpose of securing Foxglove’s compliance with SLC 4B. The Authority gave this notice in accordance with section 26(6) of the Electricity Act and section 29(5) of the Gas Act. Any representations or objections with respect to this notice of proposal to revoke the confirmed provisional order are to be made to the Authority by 11 July 2023.
On 5 December 2022 the Authority issued Foxglove with a Notice of failure to comply with a confirmed Provisional Order within the meaning of section 25 of the Electricity Act 1989 and section 28 of the Gas Act 1986.
The notice provided Foxglove with written notice, pursuant to Schedule 2(1)(c)(i) of the Electricity Supply Licence and Schedule 2(1)(c)(i) of the Gas Supply Licence, of failure to comply with the Provisional Order, confirmed with modification issued to Foxglove on 6 October 2022 and published on 11 October 2022.
The notice further explained that if this failure was not rectified to the satisfaction of the Authority within three months of Foxglove receiving the notice, the Authority may at any time revoke Foxglove’s electricity and gas licences subject to giving no less than 30 days’ notice.
On 11 October 2022, the Authority published the confirmation of the provisional order dated 5 July 2022, with modifications, issued to Foxglove, following the consultation period.
The Authority noted the representations received in the context of the consultation undertaken pursuant to section 26(1) of the Electricity Act 1989 and section 29(1) of the Gas Act 1986. It considered these representations carefully and is satisfied that Foxglove is contravening or is likely to contravene the financial responsibility principle (Standard Licence Condition 4B) and that no further modifications were required to the provisional order.
This confirmed provisional order requires that Foxglove address our concerns quickly and fully. Until such time as it does, the provisional order requires that Foxglove refrains from taking on new customers and removing any money from the business unless it constitutes spending essential to the operation of Foxglove’s supply business, is required to be made by virtue of a legal requirement or is otherwise approved in writing by the Authority.
Further details are contained in the order itself and the Notice of Reasons, below.
On 9 September 2022 the Authority issued its notice of proposal to confirm the provisional order dated 5 July 2022, with modifications, imposed on Foxglove on the grounds that Foxglove was contravening or is likely to contravene the financial responsibility principle (Standard Licence Condition 4B). The Notice of Proposal invited representations or objections from Foxglove in relation to the proposed confirmation by 30 October 2022. The Authority decided that the only person likely to be affected was Foxglove and therefore, in accordance with section 26(2)(a) of the Electricity Act 1989 and section 29(2)(a) of the Gas Act 1986, the notice was only issued to Foxglove.
On 5 July 2022, the Authority issued a provisional order to Foxglove Energy Supply Ltd (Foxglove) in accordance with Section 25(2) of the Electricity Act 1989 and Section 28(2) of the Gas Act 1986.
The Authority considered that Foxglove is contravening or is likely to contravene the financial responsibility principle (Standard Licence Condition 4B).
The particular behaviour of concern giving rise to the making of the provisional order was that Foxglove:
The provisional order required Foxglove to address our concerns quickly and fully. Until such time as it did, the provisional order banned Foxglove from taking on new customers and removing any money from the business unless it constituted spending essential to the operation of Foxglove’s supply business.