delete The Non-Domestic Alternative Fuel Payment Pass-through Requirement and Amendment Regulations 2023
These Regulations require 'relevant intermediaries' (primarily landlords and property managers) who receive Non-Domestic Alternative Fuel Payment (ND AFP) scheme benefits from energy suppliers to pass those government energy crisis support payments through to end users (tenants/businesses). They establish calculation methodologies for pass-through amounts, notification requirements, timeframes, and enforcement mechanisms including civil debt recovery rights and interest claims. Part 4 contains Northern Ireland-specific provisions. The regulations also amend the Northern Ireland equivalent scheme regulations.
This regulation represents government coercion forcing private parties to act as distribution agents for government subsidies. It interferes with contractual freedom between intermediaries and end users, creates substantial compliance and administrative burdens, and establishes price control mechanisms that distort market signals. The regulation's complexity (numerous definitions, calculation methodologies, notification requirements, enforcement provisions) suggests significant deadweight costs. While well-intentioned to ensure energy crisis support reached end users, equivalent results could be achieved through direct government-to-end-user payment schemes or by conditioning subsidy eligibility on contract terms—approaches that respect party autonomy. Government should not compel private parties to administer welfare programs.