Energy and Water Ombudsman Act 2006
sec.69Working out user-pays fee generally
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sec.69 Working out user-pays fee generally
This section provides for the working out of a scheme participant’s user-pays fee for a quarter (the assessed quarter ). The energy and water ombudsman must prepare a forecast of the costs ( forecasted costs ) that the ombudsman reasonably considers will be the scheme participant’s likely relevant performance costs for the assessed quarter. In making the forecast for the assessed quarter, the energy and water ombudsman may, but is not required to, have regard to the scheme participant’s relevant performance costs for the previous quarter or likely relevant performance costs for the current quarter. The amount of the scheme participant’s user-pays fee for the assessed quarter is the amount of the forecasted costs for the quarter, subject to any adjustment required under the budget guidelines prepared under section 75 . The scheme participant is not entitled to, or to be credited for, interest on any amount credited to the participant because of an adjustment mentioned in subsection (4) . This section does not apply to a scheme participant that is a prescribed energy entity. In this section— current quarter means the quarter in which the forecast for the assessed quarter is made. previous quarter means the quarter ending immediately before the current quarter, whether or not the scheme participant was a scheme participant for all of that quarter. relevant performance costs , for a scheme participant, are the costs incurred by the energy and water ombudsman to perform the ombudsman’s functions relating to the participant, as worked out under the budget guidelines prepared under section 75 , in relation to dispute referrals made to the ombudsman for the participant. s 69 amd 2010 No. 53 ss 37 , 3 sch 1 ; 2020 No. 14 s 26 (sec.69-ssec.1) This section provides for the working out of a scheme participant’s user-pays fee for a quarter (the assessed quarter ). (sec.69-ssec.2) The energy and water ombudsman must prepare a forecast of the costs ( forecasted costs ) that the ombudsman reasonably considers will be the scheme participant’s likely relevant performance costs for the assessed quarter. (sec.69-ssec.3) In making the forecast for the assessed quarter, the energy and water ombudsman may, but is not required to, have regard to the scheme participant’s relevant performance costs for the previous quarter or likely relevant performance costs for the current quarter. (sec.69-ssec.4) The amount of the scheme participant’s user-pays fee for the assessed quarter is the amount of the forecasted costs for the quarter, subject to any adjustment required under the budget guidelines prepared under section 75 . (sec.69-ssec.5) The scheme participant is not entitled to, or to be credited for, interest on any amount credited to the participant because of an adjustment mentioned in subsection (4) . (sec.69-ssec.5A) This section does not apply to a scheme participant that is a prescribed energy entity. (sec.69-ssec.6) In this section— current quarter means the quarter in which the forecast for the assessed quarter is made. previous quarter means the quarter ending immediately before the current quarter, whether or not the scheme participant was a scheme participant for all of that quarter. relevant performance costs , for a scheme participant, are the costs incurred by the energy and water ombudsman to perform the ombudsman’s functions relating to the participant, as worked out under the budget guidelines prepared under section 75 , in relation to dispute referrals made to the ombudsman for the participant.