Open navigation
Search
Offices – United Kingdom
Explore all Offices
Global Reach

Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

Explore our reach
Insights – United Kingdom
Explore all insights
Search
Expertise
Insights

CMS lawyers can provide future-facing advice for your business across a variety of specialisms and industries, worldwide.

Explore topics
Offices
Global Reach

Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

Explore our reach
Insights
About CMS
UK Pay Gap Report 2024

Learn more

Select your region

Publication 15 Jan 2026 · United Kingdom

Office of Gas and Electricity Markets

Regulation nation?

3 min read
The Office of Gas and Electricity Markets (Ofgem) is the energy regulator for Great Britain. (The Utility Regulator performs this role in Northern Ireland.) Ofgem oversees the electricity and gas markets, including the generation, transmission, distribution and supply of electricity and gas. A non-ministerial government department, Ofgem operates under the authority of the Gas and Electricity Markets Authority, whose members are appointed by the secretary of state for energy security and net zero.

Office of Gas and Electricity Markets: Five things to watch

  • Allocating costs    
  • Clean power    
  • RIIO-3    
  • Heat networks     
  • Network connection

Ofgem’s regulatory activities include granting licences to energy companies and ensuring compliance with the conditions of those licences, protecting consumers by ensuring they are treated fairly, administering certain schemes on behalf of the government and, where appropriate, consenting to changes to industry codes. It also sets price controls for network operators under the RIIO framework, implements regulatory support schemes such as the cap and floor regime for electricity interconnectors and more recently for long duration electricity storage (LDES) assets, and runs complex competitive tenders for offshore transmission (OFTO) assets. In addition, Ofgem regulates the National Energy System Operator (NESO), which acts as the electricity system operator and the gas system planner.

Ofgem’s principal objective is to protect the interests of existing and future consumers, whilst promoting effective competition wherever appropriate. It must also have regard to other considerations including the need to contribute to sustainable development, to ensure that all reasonable demands for power are met, and to make sure licence holders can finance their activities. The Energy Act 2023 gave it a statutory duty to consider net zero in delivering its responsibilities, and it is now also obliged to have regard to the desirability of promoting economic growth.


Review of remit and role

In December 2024, the Department for Energy Security and Net Zero launched a review of Ofgem, focusing on its mandate and duties, its remit and its role in supporting economic growth, the powers it has to protect consumers and drive standards, and how redress is made when standards are not met. A key aim is to ensure that Ofgem can regulate effectively as the market transitions to net zero, with a remit and capabilities that will help drive the innovation and investment needed for the energy transition, and a consumer protection regime that encourages the adoption of greener technologies and services. As CMS partner Thomas Forman notes, “Ofgem’s responsibilities have expanded significantly over the past decade. Balancing consumer protection, decarbonisation, and investment incentives is increasingly challenging. The outcome of DESNZ’s review will be critical in shaping Ofgem’s mandate and priorities at a time when regulatory clarity and decisive action are essential to accelerate the delivery of new infrastructure.”


Five things to watch

Allocating costs

In July, Ofgem launched a review into cost allocation across the energy system, seeking to establish how the transition to a greener and more secure system should be paid for by consumers. It aspires to recover costs from consumers in ways that are fairer and more efficient, as well as supporting net zero and economic growth – it is concerned that, without changes, the likely combination of declining variable costs with a rising proportion of fixed costs could increase existing inequalities. It is now considering the feedback it received, with the aim of consulting on policy options in the spring. It is also undertaking trials to explore how domestic consumers respond to tariff designs which vary the standing charge based on their electricity usage during peak periods.

Clean power

Ofgem is supporting key elements of the government’s Clean Power 2030 Action Plan, including networks and connections, consumer-led flexibility, market design and social schemes. Its role includes tightening incentives and penalties for electricity transmission owners and distribution network operators, prioritising grid connections to meet 2030 targets, and introducing the cap and floor scheme to support investment in LDES assets (with an ‘initial decision’ list of projects to be offered a cap and floor expected in Q1 2026 and a final list of successful projects due in the summer).

RIIO-3

Running from April 2026 to March 2031, the third iteration of Ofgem’s RIIO framework is the upcoming price control period for electricity and gas network companies. Regulating the revenues that network companies can collect from consumers, RIIO-3 aims to ensure they have sufficient revenue to operate and invest in efficient networks. Released in July, Ofgem’s draft determinations provisionally permitted upfront expenditure of £24.2bn, a figure £8.5bn lower than the companies had requested and only a fraction of the £80bn investment programme in transmission expected during RIIO-3. (Ofgem’s aim of approving the rest once project costs are more certain has been criticised for reducing the certainty available to operators.) Many industry players also suggested that the returns proposed by Ofgem were too low to attract the necessary investment. Final determinations, published in December, reflect updated modelling and evidence from the network companies and are somewhat higher, enabling £28.1bn of upfront expenditure, in the context of a programme worth around £90bn.

Heat networks

From 27 January Ofgem will be the regulator for heat networks. The Heat Networks (Market Framework) (Great Britain) Regulations 2025, made under the Energy Act 2023, have created a new regulatory landscape for network operators and suppliers, including mandatory authorisation, technical and performance standards, and consumer protection measures. The regime does not include direct price regulation, although this is something that will be kept under review. Ofgem has said its approach to compliance will be flexible and proportionate, with an initial focus on working with the sector to embed the new rules. 

Network connections

Ofgem recently launched a consultation on the outcomes of its end-to-end review of electricity network connection processes. Its proposals include stronger licence requirements, financial penalties and tougher enforcement to tackle the delays faced by developers. Seeking to tackle what it calls an “asymmetry of risk” – which sees developers bearing huge costs while networks face minimal consequences for failure – Ofgem will work on the new regime over the coming months, aiming to deliver improved process and outcomes for ready-to-go new clean power generation, large-scale storage, minor EV and heating connections, and energy-intensive sites such as data centres.

Back to top