Article 10 Determining supply for phases 2 to 4

(1)

This article applies for the purposes of articles 7 and 8.

(2)

The amount of electricity or gas supplied by a participant in a qualification year for phase 2, 3 or 4 is the amount of electricity or gas notified by the participant under article 5(2) for the qualification year, but deducting an amount equal to the qualifying supply for the phase.

(3)

The amount of electricity or gas supplied by a group in a qualification year for phase 2, 3 or 4 is the amount of electricity or gas notified by a participant under article 5(3) as supplied in the qualification year by the group of which the participant is a member, but deducting an amount equal to the qualifying supply for the phase.

(4)

The total amount of electricity or gas supplied in a qualification year for phase 2, 3 or 4 by all participants is the sum of—

(a)

all the electricity or gas supplied in the qualification year by participants that are not members of a group with another participant at the end of the qualification year, as determined in accordance with paragraph (2); and

(b)

all the electricity or gas supplied in the qualification year by groups, as determined in accordance with paragraph (3).

(5)

In paragraph (4)—

(a)

in sub-paragraph (a), the reference to “participants” does not include those participants where the amount of electricity or gas, as applicable, notified under article 5(2) as supplied by the participant in the qualification year does not exceed the qualifying supply for the phase;

(b)

in sub-paragraph (b), the reference to “groups”—

(i)

is to those groups that, at the end of the qualification year, include at least two participants; and

(ii)

does not include those groups where the amount of electricity or gas, as applicable, notified under article 5(3) as supplied by the group in the qualification year does not exceed the qualifying supply for the phase.