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The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 No. 1131

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Electricity and Gas (Energy Companies Obligation) Order 2012 (S.I. 2012/3018) (the “ECO Order”).

Article 3 amends the definition of “recommended measure” to provide that a recommended measure is a measure recommended in a Green Deal report or chartered surveyor’s report produced in respect of domestic premises, rather than in respect of a domestic energy user’s premises. It also amends the definition of “solid wall insulation” so that the term covers all internal or external insulation which lowers the U-value of the treated walls.

Articles 4 and 5 make amendments to articles 12 and 13 of the ECO Order to provide that a supplier must achieve its total carbon emissions reduction obligation and its total carbon saving community obligation by promoting qualifying actions which are installed at domestic premises. Articles 4 and 5 also remove the requirement that a glazing measure must exceed the minimum energy efficiency standard contained in documents issued under building regulations.

Article 4 also amends article 12 of the ECO Order to remove the requirement that a district heating system must be installed within 6 months of the installation of a measure specified in article 12(4)(a) or (b).

Article 6 removes the provision in article 16(8) of the ECO Order, which provided that the contribution made by a glazing measure to a supplier’s target was limited to the carbon or cost saving which exceeded the saving which would be achieved by a measure meeting the minimum standard required by specified documents.

Article 7 inserts a new article 21A into the ECO Order, which allows a supplier to transfer an excess action to another supplier.

Article 8 amends article 22(3)(a) to clarify that, when a supplier applies for an excess action (“E”) to be credited against a different obligation from the one notified under article 21(2)(b), the Authority is to consider whether E meets any applicable requirement in article 21(4)(d) or (5)(d) in respect of that different obligation.

Article 9 amends Schedule 1 to the Order, which sets out the benefits receipt of which give rise to membership of the affordable warmth group. It makes provision for certain persons in receipt of universal credit to be members of the affordable warmth group. It provides, in relation to certain benefits, that a person who is responsible for a qualifying child, as provided for in the Child Tax Credit Regulations 2002, is a member of the affordable warmth group, rather than a person who has parental responsibility for a qualifying child. It also amends the definition of “qualifying child” to include a person under the age of 20 who is in approved training.

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