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Article 30 Transfers of surplus actions

Original text. Later amendments are not shown.

(1)

Where—

(a)

a supplier (“C”) has achieved a surplus action (“S”); and

(b)

the Administrator has approved an application made in respect of S under article 27(5),

S 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 no later than 30th April 2017;

(b)

provide to the Administrator such information as the Administrator may reasonably require; and

(c)

indicate whether D intends S 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 unless—

(a)

D has indicated that it intends S to be credited towards a different obligation to the one it is credited against at the time the application is made; and

(b)

in a case where sub-paragraph (a) applies, the Administrator is not satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different 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, S is treated as achieved by D and not C.