{
  "url": "https://openlegislation.uk/draft-electricity-and-gas-energy-company-obligation-order-2018/article-3",
  "json_url": "https://openlegislation.uk/draft-electricity-and-gas-energy-company-obligation-order-2018/article-3.json",
  "legislation": "ukdsi/2018/9780111171769",
  "legislation_title": "The Electricity and Gas (Energy Company Obligation) Order 2018",
  "legislation_url": "https://openlegislation.uk/draft-electricity-and-gas-energy-company-obligation-order-2018",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Definition of a participant",
  "text": "(1) A licence-holder is a participant in relation to a phase if—\n(a) the licence-holder supplies or, where the licence-holder is a member of a group, the group supplies, more than—\n(i) a qualifying supply of electricity in the qualification year for that phase; and\n(ii) the qualifying number of domestic customers at the end of that qualification year;\n(b) the licence-holder supplies or, where the licence-holder is a member of a group, the group supplies, more than—\n(i) a qualifying supply of gas in the qualification year for that phase; and\n(ii) the qualifying number of domestic customers at the end of that qualification year; or\n(c) in the case of phase 2, 3 or 4, the licence-holder was a participant in relation to the preceding phase.\n(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—\n(a) one is a participant in respect of the supply of electricity; and\n(b) the other is a participant in respect of the supply of gas.\n(3) For the purposes of this article—\n(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\n(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.\n(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.\n(5) In this article—\n“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;\n“qualifying number” means, in relation to the end of the qualification year for—\n(a) phase 1, 250,000;\n(b) phase 2, 200,000;\n(c) phase 3, 150,000;\n(d) phase 4, 150,000.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111171769/article/3",
    "retrieved_at": "2026-10-30T15:04:08.440207+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}