Article 35 Transfer of obligations

be made by A and B, in writing, on or before 30th September 2021;

state in respect of which one of the following the application is being made (“the relevant obligation”)—

state the amount of its relevant obligation that A intends to transfer to B (“the proposed transfer amount”); and

include such other information relating to the proposed transfer as the Administrator may require.

the proposed transfer amount exceeds A’s relevant obligation;

approval of the application would result in A or B’s total solid wall minimum requirement being greater than its total home-heating cost reduction obligation;

having regard to section 30O of the Gas Act 1986^f1 and section 27O of the Electricity Act 1989^f2 (maximum amount of penalty or compensation), the Administrator considers that, if the application were approved, there is a significant risk that it would adversely affect the Administrator’s ability to enforce the requirements placed on B under this Order; or

where A and B are not members of the same group, the Administrator considers that, if the application were approved, there is a significant risk that B will be unable to achieve its total home-heating cost reduction obligation or total solid wall minimum requirement.

notify A of any reasons for that decision relating to A; and

notify B of any reasons for that decision relating to B.

A’s relevant obligation is treated as reduced by the proposed transfer amount, and the Administrator must notify A in writing of its reduced relevant obligation; and

B’s relevant obligation is treated as increased by the proposed transfer amount, and the Administrator must notify B in writing of its increased relevant obligation.