# The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014, Article 7: Transfers of excess actions


After article 21 (excess actions), insert—
“Transfers of excess actions
21A. (1) Where—
(a) a supplier (“C”) has achieved an excess action (“E”); and
(b) the Administrator has approved an application made in respect of E under article 21(9),
E may be regarded as achieved by another supplier (“D”) (“a transfer”) if that transfer is approved by the Administrator in accordance with this article.
(2) C and D must—
(a) apply for approval in writing to the Administrator by 30th April 2015;
(b) provide to the Administrator such information, including the number and type of excess actions intended to be transferred, as the Administrator may reasonably require; and
(c) indicate whether D intends E to be credited towards D’s—
(i) total carbon emissions reduction obligation;
(ii) total carbon saving community obligation; or
(iii) total home heating cost reduction obligation.
(3) The Administrator must approve a transfer—
(a) in a case where D has indicated that it intends E to be credited towards a different obligation from the one notified under article 21(2)(b), if the Administrator is satisfied that E meets any applicable requirement in article 21(4)(d) or (5)(d) in respect of that different obligation; and
(b) unless it has reasonable grounds to believe that, if the transfer were approved, C would not be able to achieve its—
(i) total carbon emissions reduction obligation;
(ii) total carbon saving community obligation; or
(iii) total home heating cost reduction obligation.
(4) If the Administrator decides not to approve a transfer under paragraph (3) it must notify C and D of the reasons for that decision.
(5) If a transfer is approved, E is treated as achieved by D and not C.”.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111109229/article/7 (the official version)
Page: https://openlegislation.uk/draft-electricity-and-gas-energy-companies-obligation-amendment-order-2014/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.