Article 2 Interpretation

In this Order—

• “adjoining installation” has the meaning given in article 14(2);

• “Administrator” means the Gas and Electricity and Markets Authority established by section 1 of the Utilities Act 2000;

• “affordable warmth group” means a group of persons in receipt of the benefits in Schedule 1;

• “area of low income” means an area in Great Britain which is described as an area of low income in the document entitled “Energy Company Obligation, Carbon Saving Community Obligation: Rural and Low Income Areas”, published on 12th June 2012 and the ISBN of which is 9780108511608;

• “carbon qualifying action” has the meaning given in article 12(3);

• “carbon saving” means the lifetime tonnes of carbon dioxide that a qualifying action will save;

• “carbon saving community qualifying action” has the meaning given in article 13(5);

• “cost saving” means, if a qualifying action under this Order is installed, the money that would be saved by that installation over its expected lifetime in heating a home to 21 degrees Celsius in the main living areas and 18 degrees Celsius in all other areas;

• “district heating system” means a system that delivers heat through pipes or conduits to two or more domestic premises;

• “domestic customer” means a person living in domestic premises in Great Britain who is supplied with electricity or gas at those premises wholly or mainly for domestic purposes;

• “domestic energy user” means a person who uses energy in domestic premises in Great Britain wholly or mainly for domestic purposes and includes a person living in a mobile home;

• “dual licence-holder” means a person holding a licence under section 6(1)(d) of the Electricity Act 1989 and a licence under section 7A of the Gas Act 1986^f1;

• “electricity licence-holder” means a person holding a licence under section 6(1)(d) of the Electricity Act 1989 who does not also hold a licence under section 7A of the Gas Act 1986;

• “excess action” has the meaning given by article 21;

• “gas licence-holder” means a person holding a licence under section 7A of the Gas Act 1986 who does not also hold a licence under section 6(1)(d) of the Electricity Act 1989;

• “glazing measure” means the installation of secondary or replacement glazing;

• “Green Deal report” means a report produced by a green deal assessor pursuant to a qualifying assessment in accordance with regulation 7 of the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012^f2;

• “group company” means a licence-holder which is a member of a group of companies; and “group” refers to the group of companies of which the licence-holder is a member;

• “group of companies” means a holding company and the wholly-owned subsidiaries of that holding company where “holding company” and “wholly-owned” subsidiary have the same meaning as in section 1159 of the Companies Act 2006^f3;

• “hard to treat cavity” means—

  1. (a)

     a cavity wall—

     1. (i)

        in a building with 3 or more storeys where each storey has cavity walls;

     2. (ii)

        which a chartered surveyor has reported is not suitable to insulate with standard insulation material or techniques; or

     3. (iii)

        which a chartered surveyor has reported is not suitable to insulate without substantial remedial works to the building;

  2. (b)

     a cavity within a cavity wall which is less than 50mm wide;

  3. (c)

     a cavity found in homes of prefabricated concrete construction or with metal frame cavity walls; or

  4. (d)

     an uneven cavity formed in walls constructed of natural stone or from natural stone outer leaf and block or brick inner leaf;

• “heating qualifying action” has the meaning given in article 15(3);

• “householder” has the meaning given in Schedule 2;

• “licence-holder” means an electricity licence-holder, a gas licence-holder or a dual licence-holder;

• “lifetime tonnes of carbon dioxide” means the amount in tonnes of carbon dioxide that is expected to be saved over the lifetime of a measure installed under this Order;

• “mobile home” means a home which is—

  1. (a)

     a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960^f4 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968^f5); and

  2. (b)

     used as a dwelling for the purposes of Part I or II of the Local Government Finance Act 1992^f6;

• “notification period” means—

  1. (a)

     1st January 2011 to 31st December 2011 for phase 1;

  2. (b)

     1st January 2012 to 31st December 2012 for phase 2;

  3. (c)

     1st January 2013 to 31st December 2013 for phase 3,

  and references in this Order, in relation to a phase, to the relevant notification period is to the notification period for that phase;

• “overall obligation period” has the meaning given in article 6;

• “phase” means one of the three phases as follows—

  1. (a)

     the period commencing on 1st October 2012 and ending on 31st March 2013 (“phase 1”);

  2. (b)

     the twelve months ending 31st March 2014 (“phase 2”); and

  3. (c)

     the twelve months ending 31st March 2015 (“phase 3”);

• “Publicly Available Specification” means the Publicly Available Specification 2030:2012^f7;

• “qualifying action” means a carbon qualifying action, a carbon saving community qualifying action or a heating qualifying action”;

• “qualifying boiler” means—

  1. (a)

     in the case of a boiler to be repaired, a boiler which the Administrator is satisfied—

     1. (i)

        is not functioning efficiently or has broken down; and

     2. (ii)

        has a seasonal energy efficiency value of not less than 86% when assessed against the Standard Assessment Procedure;

  2. (b)

     in the case of a boiler to be replaced, a boiler which the Administrator is satisfied—

     1. (i)

        a boiler which is not functioning efficiently; or

     2. (ii)

        a boiler which has broken down,

     and which cannot be economically repaired;

• “qualifying supply” means the supply to domestic customers of 400 gigawatt hours of electricity or 2000 gigawatt hours of gas;

• “recommended measure” means a measure—

  1. (a)

     recommended in a Green Deal report which has been produced in respect of a domestic energy user’s premises; or

  2. (b)

     recommended in a report by a chartered surveyor pursuant to an assessment of the domestic energy user’s premises performed for the purpose of identifying measures for improving the energy efficiency of the premises;

• “Reduced Data Standard Assessment Procedure” means the Government’s Reduced Data Standard Assessment Procedure for energy ratings of dwellings (2009 Edition, as amended in April 2012, version 9.91)^f8;

• “relevant year” means 2011, 2012 or 2013;

• “solid wall insulation” means—

  1. (a)

     internal or external insulation which lowers the U-value of the treated walls to 0.30W/m²K or less; or

  2. (b)

     in the case of a mobile home, internal or external insulation applied to the ceiling, floor or walls which lowers the U-value of those parts of the mobile home to which the insulation is applied;

• “a specified adjoining area” means, where an area of low income (“area A”) is—

  1. (a)

     in England or Wales, an area (if any) adjoining area A which is specified as a “Lower Layer Super Output Area” by the Office of National Statistics for England and Wales, in a document entitled “Mid-2010 Population Estimates for Lower Layer Super Output Areas in England and Wales by Broad Age and Sex” (release date 28th September 2011)^f9; or

  2. (b)

     in Scotland, an area (if any) adjoining area A which is specified by the Scottish Executive as a “Datazone” in a document entitled “SMID Datazone Lookup” (version 3 published on 6th March 2012)^f10;

• “Standard Assessment Procedure” means the Government’s Standard Assessment Procedure for energy rating of dwellings (2009 Edition, as amended in October 2010);

• “supplier” has the meaning given in article 4;

• “total carbon emissions reduction obligation” means the sum total of carbon emissions reduction obligations which have been determined for a supplier in respect of phases 1, 2 and 3;

• “total carbon saving community obligation” means the sum total of carbon savings community obligations which have been determined for a supplier in respect of phases 1, 2 and 3;

• “total home heating cost reduction obligation” means the sum total of home heating cost reduction obligations which have been determined for a supplier in respect of phases 1, 2 and 3;

• “U-value” means the measure in W/m²K of heat transmission through material.