BSC Section B: The Panel

Page type: primary-anchored (mirrors BSC Section B, Elexon)

Last updated: 5 April 2026

Parent page: Balancing and Settlement Code

Section B establishes the BSC Panel, defines its composition, objectives, appointment procedures, and powers.

1. Establishment of Panel

1.1 Establishment and Composition

The Panel comprises (B1.1.2):

The Panel Secretary is nominated by BSCCo and approved by the Panel. (B1.1.3)

1.2 Panel Objectives

The Panel must conduct its business to achieve (B1.2.1): - Code implementation in accordance with its terms - The Applicable BSC Objectives from ESO Licence Condition E1.13(a)-(c), including: NETSO efficiency in system operation, promotion of competition, non-discriminatory implementation, economic efficiency, and transparency/openness

The transparency objective is limited where it would substantially prejudice all Parties or Party classes collectively. (B1.2.2)

Individual Panel Members performing Code functions must also follow these objectives. (B1.2.3)

2. Appointment of Panel Members

2.1 Panel Chair

Panel nominates (consulting the Board) for Authority approval. Three-year term; re-appointment permitted. Requires written agreement with BSCCo regarding remuneration. Continues in office if successor not appointed (if willing). (B2.1.1-2.1.7)

2.2 Trading Party Appointees

Up to 5 persons appointed by election per Annex B-2. (B2.2.1)

2.3 Citizens Advice / Consumer Scotland Appointees

Two persons, distributed between organisations, appointed via notice to Panel Secretary. (B2.3.1)

2.4 NETSO Appointee

One person appointed via notice to Panel Secretary. (B2.4.1)

2.5 Panel Chair Appointees (Independent)

Two persons. Must satisfy independence requirements: not a Party, related person, electricity participant, BSC Agent, or Market Index Data Provider in the preceding 12 months, and no conflicting interests in the Panel Chair's opinion. (B2.5.1-2.5.3)

2.6 Additional Industry Member

Panel Chair may appoint one additional member representing exempt generators/suppliers or underrepresented Trading Party classes. Discretion is unconstrained. (B2.6.1-2.6.5)

2.7 Term and Removal

Standard term: from appointment to next retirement day (30 September, even years post-2000). Re-appointment eligible.

Membership ceases upon (B2.7.4): - (a) Expiry without re-appointment - (b) Resignation - (c) Bankruptcy - (d) Mental disorder detention - (e) Companies Act 2006 director prohibition - (f) Death - (g) Indictable conviction - (h) Panel resolution for serious misconduct (requires all-but-one vote; abstention counts as approval)

2.8 Duties

Members must act impartially per Panel objectives; they are not representatives of their appointing body. Must disclose Code-related interests at appointment and upon changes. Employed members need employer letter prioritising Panel duty. (B2.8.1-2.8.4)

2.9 Indemnity

BSCCo indemnifies Panel Members, Panel Secretary, Committee members/secretaries, Modification Secretary, and Workgroup members for proper office-related costs and liabilities. Excludes reimbursed costs and wilful default/bad faith. (B2.9.1)

2.10 Alternates

Panel Chair may approve alternates for particular circumstances (excluding the Chair role itself). Same independence requirements apply for independent member alternates. (B2.10)

2.11 Expenses and Remuneration

All members reimbursed reasonable costs. Panel Chair remuneration determined by Panel (excluding Chair). Independent appointee remuneration determined by Chair (after consulting Panel). Disclosed in Annual BSC Report. (B2.11)

2.12-2.14 Observers and Attendees

• Authority representative may attend and speak but not vote. (B2.12.1)
• DSO representative (appointed by distribution-representative body) may attend and speak but not vote. (B2.13.1)
• BSCCo Chief Executive attends, speaks, but does not vote. (B2.14.1)

2.15 Deputy Panel Chair

Panel Chair may appoint one independent appointee as Deputy. Deputy chairs meetings when Chair is absent. Cannot appoint members or determine remuneration. (B2.15)

3. Powers and Functions

The Panel exercises all powers and functions provided for in the Code and Code Subsidiary Documents. Specific enumerated powers include operating modification procedures, establishing committees, approving BSCCo plans, and issuing guidance. (B3.1)

Cross-references