# The Electricity and Gas (Energy Company Obligation) Order 2012, Article 21: Excess Actions


(1) Not later than 1st June 2013 a supplier may apply to the Administrator in writing to credit towards its—
(a) total carbon emissions reduction obligation;
(b) total carbon saving community obligation; or
(c) total home heating cost reduction obligation,
the carbon saving or cost saving achieved by an excess action.
(2) An application under this article must—
(a) give details of the measure which the supplier considers constitute an excess action;
(b) indicate whether the supplier intends the excess action to be credited towards its—
(i) total carbon emissions reduction obligation;
(ii) total carbon saving community obligation; or
(iii) home heating cost reduction target; and
(c) provide a calculation of the carbon saving or cost saving of the excess action.
(3) An excess action is a measure which satisfies paragraph (4) or (5).
(4) A measure satisfies this paragraph where it is approved and installed under the 2008 Order and—
(a) is not required by the supplier to meet its carbon emissions reduction obligation under that Order where “carbon emissions reduction obligation” has the meaning given in the 2008 Order;
(b) was installed after 1st January 2012;
(c) if installed between 1st October 2012 and 31st December 2012, is installed by a person of appropriate skill and experience and in accordance with the Publicly Available Specification where the installation is referred to in the Specification; and
(d) if it is intended to contribute towards—
(i) the carbon emissions reduction obligation, meets one of the requirements in paragraph (6);
(ii) the carbon saving community obligation, meets the requirement in paragraph (7);
(iii) the home heating cost reduction obligation, meets the requirement of paragraph (8).
(5) A measure satisfies this paragraph where it is approved and installed under the 2009 Order and—
(a) is not required by the supplier to meet its carbon emissions reduction obligation under that Order where “carbon emissions reduction obligation” has the meaning given in the 2009 Order;
(b) was installed after 1st January 2012 to a householder; and
(c) if installed between 1st October 2012 and 31st December 2012, is installed by a person of appropriate skill and experience and in accordance with the Publicly Available Specification where the installation is referred to in the Specification.
(6) The requirements referred to in paragraph (4)(d)(i) are that the measure is—
(a) installed to a member of the super priority group; or
(b) is solid wall insulation installed to a domestic energy user.
(7) The requirement referred to in paragraph (4)(d)(ii) is that the measure was promoted and installed in an area of low income.
(8) The requirement referred to in paragraph (4)(d)(iii) is that the measure is promoted and installed to a householder who was a member of the super priority group.
(9) The Administrator must approve the application if it is satisfied that the measure to which the application relates is an excess action.
(10) In this article—
“2008 Order” means the Electricity and Gas (Carbon Emissions Reduction) Order 2008;
“2009 Order” means the Electricity and Gas (Community Energy Saving Programme) Order 2009;
“carbon saving” and “cost saving”, in relation to an excess action, mean respectively—
(a) the lifetime tones of carbon dioxide the action will save; and
(b) the money that would be saved by the action 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,
where that saving is assessed using a relevant methodology;
“relevant methodology” means—
(a) the Standard Assessment Procedure;
(b) the Reduced Data Standard Assessment Procedure; or
(c) an appropriate methodology approved by the Administrator under article 18;
“super priority group” has the same meaning as under the 2008 Order.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111525456/article/21 (the official version)
Page: https://openlegislation.uk/draft-electricity-and-gas-energy-company-obligation-order-2012/article-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.