The Electricity and Gas (Energy Company Obligation) Order 2014

PART 5 E+W+S Enforcement

[F1 Transfer of obligations E+W+S

30A.— (1) All or part of a supplier’s obligation may be transferred from that supplier (“A”) to another supplier (“B”) (“a transfer”) if the transfer is approved by the Administrator.

(2) A and B must—

(a) apply for approval in writing to the Administrator by no later than 31st December 2017; and

(b) provide to the Administrator such information as the Administrator may reasonably require.

(3) An application under this article must identify—

(a) which obligation the application relates to (“the relevant obligation”); and

(b) the amount of that obligation that A intends to transfer to B (“the transfer amount”).

(4) The Administrator must not approve the transfer if—

(a) the transfer amount exceeds A’s relevant obligation;

(b) the transfer would result in A or B’s home heating minimum requirement being greater than its total home heating cost reduction obligation;

(c) the transfer would result in A or B’s rural minimum requirement being greater than its total carbon emissions reduction obligation;

(d) the transfer would result in A or B’s total provisional solid wall minimum requirement being greater than its total carbon emissions reduction obligation;

(e) having regard to section 30O of the Gas Act 1986 and section 27O of the Electricity Act 1989 (maximum amount of penalty or compensation), the Administrator considers that, if the transfer were approved, there is a significant risk that it would adversely affect the Administrator’s ability to enforce the requirements placed on B under this Order; or

(f) where A and B are not members of the same group, the Administrator considers that, if the transfer were approved, there is a significant risk that B will be unable to achieve one or more of its obligations.

(5) If a transfer is approved—

(a) for the purposes of Part 4 and this Part, A’s relevant obligation is to be treated as reduced by the transfer amount and B’s relevant obligation is to be treated as increased by the transfer amount; and

(b) the Administrator must notify A and B of their revised relevant obligation.

(6) If the Administrator decides not to approve a transfer it must—

(a) notify A of any reasons for that decision relating to A; and

(b) notify B of any reasons for that decision relating to B.

(7) In this article, “obligation” means a supplier’s—

(a) home heating minimum requirement;

(b) rural minimum requirement;

(c) total carbon emissions reduction obligation;

(d) total home heating cost reduction obligation; or

(e) total provisional solid wall minimum requirement.]

Textual Amendments

F1 Art. 30A inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 23

Final determination and reporting E+W+S

31.—(1) The Administrator must determine whether a supplier has achieved its—

(a) total carbon emissions reduction obligation;

(b) total carbon saving community obligation; and

(c) total home heating cost reduction obligation.

(2) A supplier may apply to the Administrator, in writing, by no later than [F2 31st December 2018] for a qualifying action (“Q”) or a surplus action (“S”) to be credited against a different obligation to the one it is credited against at the time the application is made.

[F3 (3) The Administrator must approve an application in respect of Q if—

(a) it is satisfied that Q meets the applicable requirements in articles 12 to 16 in respect of that different obligation;

(b) where the application is made on or after 1st July 2017 and Q is credited against a supplier’s total carbon saving community obligation at the time the application is made, the Administrator is satisfied that Q is not required by the supplier to meet its total carbon saving community obligation; and

(c) where the application is made on or after 1st July 2017, it is not an application for Q to be credited towards a supplier’s total carbon saving community obligation.

(3A) The Administrator must approve an application in respect of S if—

(a) it is satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different obligation; and

(b) where the application is made on or after 1st July 2017, it is not an application for S to be credited towards a supplier’s total carbon saving community obligation.

(4) The Administrator must notify the supplier of its determination—

(a) under paragraph (1)(b), no later than 30th September 2017;

(b) under paragraph (1)(a) and (c), no later than 31st March 2019.]

(5) The Administrator must submit to the Secretary of State a report each month, commencing in July 2015, setting out the progress which suppliers have made towards meeting their obligations under this Order.

(6) Not later than [F4 31st March 2019] the Administrator must submit to the Secretary of State a report setting out whether suppliers achieved the—

(a) overall carbon emissions reduction target;

(b) overall carbon saving community target;

(c) overall home heating cost reduction target.

Textual Amendments

F2 Words in art. 31(2) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(1)

F3 Art. 31(3)-(4) substituted for art. 31(3)(4) (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(2)

F4 Words in art. 31(6) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(3)

Information from suppliers E+W+S

32.—(1) The Administrator may require a supplier—

(a) to provide it with specified information, or information of a specified nature, about a supplier's proposals for complying with any requirement under this Order;

(b) to produce to it evidence of a specified kind demonstrating it is complying with, or that it has complied with, any requirement under this Order.

(2) A supplier must provide to the Administrator such information as the Administrator may require relating to the cost to the supplier of achieving its obligations under this Order.

Publication of energy savings achieved by suppliers and provision of information to the Secretary of State by suppliers E+W+S

33.—(1) Once a year in [F5 2016 to 2019] the Secretary of State must publish the energy savings achieved—

(a) by each supplier by qualifying actions and surplus actions credited towards the supplier's obligations under this Order; and

(b) in total by qualifying actions and surplus actions credited towards suppliers' obligations under this Order.

(2) The Secretary of State may require a supplier to provide, no more than once a year—

(a) aggregated statistical information on its final customers (identifying significant changes to previously submitted information); and

(b) current information on final customers' consumption, including, where applicable, load profiles, customer segmentation and geographical location of customers.

(3) In this article—

(a) “energy savings” and “final customer” have the meaning given by article 2 of the Energy Efficiency Directive;

(b) “aggregated statistical information”, “customer segmentation” and “load profiles” have the same meaning as in the Energy Efficiency Directive;

(c) “the Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council of 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC M1 .

Textual Amendments

F5 Words in art. 33(1) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 25

Marginal Citations

M1 OJ No L 3015, 14.11.2012, p1; the Directive has been amended but the amendments are not relevant to these Regulations.

Enforcement E+W+S

34.  A requirement placed on a supplier under this Order is a relevant requirement for the purpose of—

(a) Part I of the Electricity Act 1989; and

(b) Part I of the Gas Act 1986.