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Article 3 Definition of a participant

Original text. Later amendments are not shown.

(1)

A licence-holder is a participant in relation to a phase if—

(a)

the licence-holder supplies or, where the licence-holder is a member of a group, the group supplies, more than—

(i)

a qualifying supply of electricity in the qualification year for that phase; and

(ii)

the qualifying number of domestic customers at the end of that qualification year;

(b)

the licence-holder supplies or, where the licence-holder is a member of a group, the group supplies, more than—

(i)

a qualifying supply of gas in the qualification year for that phase; and

(ii)

the qualifying number of domestic customers at the end of that qualification year; or

(c)

in the case of phase 2, 3 or 4, the licence-holder was a participant in relation to the preceding phase.

(2)

Where a dual licence-holder is a participant by virtue of paragraph (1), that licence-holder is to be treated under this Order as two participants, of which—

(a)

one is a participant in respect of the supply of electricity; and

(b)

the other is a participant in respect of the supply of gas.

(3)

For the purposes of this article—

(a)

whether or not a licence-holder is a member of a group is to be determined according to whether the licence-holder was a member of a group at the end of the qualification year; and

(b)

where a licence-holder is a member of a group, the amount of electricity or gas supplied by the group in a qualification year is the amount supplied in that year by all licence-holders in the group, whether or not they were members of the group throughout that year.

(4)

For the purposes of determining the number of domestic customers of a licence-holder under this Order, a domestic customer who receives electricity and gas from a dual licence-holder is a separate domestic customer under each licence.

(5)

In this article—

  • “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;

  • “qualifying number” means, in relation to the end of the qualification year for—

    1. (a)

      phase 1, 250,000;

    2. (b)

      phase 2, 200,000;

    3. (c)

      phase 3, 150,000;

    4. (d)

      phase 4, 150,000.