Breaches of the Code
The ERA review identified a need for an agreed process for investigating alleged breaches of the Code. The Billing Code Governing Board has agreed this process and has put in place a range of sanctions to be imposed depending on the severity of the breach.
The range of sanctions is as follows:
- Seek an undertaking from the Code Member that it will not be repeated and if appropriate, agree alternative procedures with the Member.
- Arrange for the Code Auditor to carry out a visit and a compulsory audit of compliance in relation to all or part of the Code Members' energy supply marketing activities.
- Issue a formal written admonishment to the Code Member specifically informing the membership that such action has been taken. The Code Member will be given an opportunity to see such a statement and to comment before it is issued.
- Issue a formal written admonishment to the Code Member specifically informing the membership and stakeholders that such action has been taken. The Code Member will be given an opportunity to see such a statement and to comment before it is issued.
- Issue a formal written admonishment to the Code Member specifically informing the membership and stakeholders that such action has been taken. The statement will be made public and the Code Member will be given an opportunity to see such a statement and to comment before publication.
- Suspend or, if the circumstances warrant, terminate membership of the Code in accordance with the Membership Rules.
- Subject to the prior approval of the Chairman of the Billing Code Governing Board, the Code Manager can, in exceptional circumstances, recommend the omission of any of these sanctions and propose escalation to a more serious sanction.
- The Code Member may appeal to the independent Code Panel should it disagree with the sanction proposed by the Code Manager.
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