Instruments of interest
Russia (Sanctions) (EU Exit) (Amendment) (No. 16) Regulations 2022 (SI 2022/1122)
51.This measure seeks to constrain Russian revenue further by prohibiting the supply or delivery of product codes 2709 (for example, crude oil)12 and 2710 (oil products—such as kerosene or diesel)13 from Russia or between third countries. The ban includes the use of UK transport vessels and the provision of services, including brokering and financial assistance. The prohibition will also cover non-UK vessels in the UK territorial sea. The Regulations come into force on 5 December 2022 to give the industries affected time to adjust (for example, in respect of cargoes currently in transit) but this instrument also advances the date of the ban on the import of all Russian oil and oil products into the UK (including Natural Gas condensates) from 31 December to 5 December 2022.
52.A general licence will be introduced to allow exceptions where the supply or delivery by ship of 2709 and 2710 oil and oil products and related ancillary services may be provided to third country importers, as long as they purchase oil below an agreed price. This is in line with previous commitments made by the UK and its G7 partners to introduce a price cap on Russian oil.
Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 (SI 2022/1101)
Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022 (SI 2022/1124)
53.These two made affirmative instruments are part of the package of secondary legislation that has been laid under the Energy Prices Act 2022 (“the Act”) to deliver the Government’s support with energy costs during the current energy crisis. The instruments require that heat networks pass on the benefits of the Energy Bill Relief Scheme (EBRS) to their customers in Great Britain (GB) and Northern Ireland (NI) respectively.
54.The Department for Business, Energy and Industrial Strategy (BEIS) explains that heat networks purchase energy from energy suppliers through commercial contracts and then supply heating and hot water to domestic and non-domestic customers. Heat networks are therefore intermediaries which will benefit from the Energy Bill Relief Scheme (EBRS) for non-domestic customers. BEIS points out that domestic heat network customers will not benefit from the support made available to domestic customers through the Energy Price Guarantee (EPG). To ensure that domestic heat network customers receive EPG-equivalent support, these two instruments ensure heat network customers benefit from the EBRS, by requiring heat networks to pass on the benefits of the EBRS to their customers in GB and NI in the form of lower prices.
55.In addition, SI 2022/1101 provides for the Energy Ombudsman to deal with complaints from customers in GB whose heat network has not complied with the pass-through requirements, while SI 2022/1124 gives the General Consumer Council for Northern Ireland the equivalent responsibility for complaints from customers in NI. We note that these provisions for redress are significantly more accessible than the arrangements that have been put in place for customers under the Energy Bills Support Scheme, EBRS and EPG who will have to take legal action in the County Courts if their landlord does not pass on the benefits from the schemes to which they are entitled (see paras 37–50 of this report).
National Health Service (Primary Dental Services) (Amendment) Regulations 2022 (SI 2022/1132)
56.These Regulations seek to address the shortage of NHS dentists in England particularly for patients with higher or more complex oral health needs. Currently NHS dental treatments are arranged into four bands (1,2,3 and Urgent) and the charges made to the patient and the allocation of “Units of Dental Activity” (UDAs) are based on this structure. UDAs are used to measure dentists’ performance in relation to their contractual commitment to the NHS and in assessing their remuneration. Band 2 covers a wide range of treatments of varying delivery cost and complexity for which dentists currently receive three UDAs. To incentivise dentists to take on more NHS work, these Regulations subdivide Band 2, putting more complex treatments into categories 2b and 2c which will attract five and seven UDAs respectively, so that NHS dentists’ time and input is more accurately rewarded. The additional cost of these changes is estimated to be £76 million over ten years. These Regulations do not alter patient charges which remain the same for any Band 2 treatment.
57.The Regulations also require practices to update their information on the NHS England website, at least every 90 days, so that patients will find it easier to locate and contact dental practices providing NHS care.
58.We note that these changes to dental contracts are distinct from the protracted piloting of dental contract prototypes that has been in process for more than a decade.14 The Department of Health and Social Care has informed us that the results of that piloting should be published before the end of the year and further changes to dental contracting may follow.
12 Product code 2709 refers to petroleum oils and oils obtained from bituminous minerals, crude.
13 Product code 2710 refers to petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils.
14 See our comment on previous SIs on this issue: SLSC, 2nd Report (Session 2019–21, HL Paper 7).