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The Electricity and Gas (Energy Company Obligation) Order 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348236606

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 33BC(12) of the Gas Act 1986, as applied by section 33BD(4) of that Act, section 41A(12) of the Electricity Act 1989, as applied by section 41B(4) of that Act and section 103A(6) of the Utilities Act 2000, for approval by resolution of each House of Parliament.

Electricity

Gas

Made ***

Coming into force ***

The Secretary of State makes this Order in exercise of the powers conferred by section 33BD of the Gas Act 1986f1, section 41B of the Electricity Act 1989f2 and section 103A of the Utilities Act 2000f3, with the agreement of the Scottish Ministersf4.

The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, Consumer Scotlandf5, electricity distributors, electricity suppliers, gas transporters, gas suppliers and such other persons as the Secretary of State considers appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 33BC(12) of the Gas Act 1986f6, as applied by section 33BD(4) of that Act, section 41A(12) of the Electricity Act 1989f7, as applied by section 41B(4) of that Act and section 103A(6) of the Utilities Act 2000.

Annotations to the whole text

Footnotes

f1

1986 c. 44. Section 33BD was inserted by section 68 of the Energy Act 2011 (c. 16).

f2

1989 c. 29. Section 41B was inserted by section 69 of the Energy Act 2011.

f3

2000 c. 27. Section 103A was inserted by section 70 of the Energy Act 2011 and amended by section 60 of the Scotland Act 2016 (c. 11) and S.I. 2014/631 and 2022/34.

f4

Notwithstanding section 33BDA of the Gas Act 1986 and section 41BA of the Electricity Act 1989, as inserted by section 59 of the Scotland Act 2016, the Secretary of State may, by virtue of section 33BDA(10) of the Gas Act 1986 and section 41BA(10) of the Electricity Act 1989, make provision under section 33BD of the Gas Act 1986 and section 41B of the Electricity Act 1989 for the purposes of obligations imposed under those sections in relation to Scotland, with the agreement of the Scottish Ministers.

f5

The Secretary of State consulted the Scottish Association of Citizens Advice Bureaux before the coming into force of S.I. 2022/34. By virtue of article 5 of that Order, that consultation has effect as if done by or in relation to Consumer Scotland.

f6

Section 33BC was inserted by section 99 of the Utilities Act 2000 (c. 27) and amended by section 15 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c. 19), Schedule 8 to the Climate Change Act 2008 (c. 27), section 66 of the Energy Act 2011 (c. 16) and S.I. 2014/631 and 2022/34.

f7

Section 41A was inserted by section 70 of the Utilities Act 2000 and amended by section 16 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006, Schedule 8 to the Climate Change Act 2008, section 67 of, and Schedule 1 to, the Energy Act 2011 and S.I. 2014/631 and 2022/34.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Overall home-heating cost reduction target
  5. 3Overall home-heating cost reduction target
  6. 4Definition of a participant
  7. 5Notification by participants of domestic customers and energy supplied
  8. Part 3: Determining obligations and minimum requirements
  9. 6Determining a participant’s obligations and minimum requirements
  10. 7Determining obligations and minimum requirements for a participant who is not a member of a group
  11. 8Determining obligations and minimum requirements for a participant who is a member of a group
  12. 9Determining supply of gas or electricity
  13. Part 4: Achievement of obligations
  14. 10Achievement of total home-heating cost reduction obligation
  15. Part 5: Qualifying actions
  16. Chapter 1: General criteria for qualifying actions
  17. 11Qualifying actions: overview
  18. 12Qualifying actions: general requirements relating to Condition A
  19. Chapter 2: Measures which are part of ECO4 projects
  20. Projects at domestic premises occupied by help to heat group member or social housing
  21. 13Measures installed at owner-occupied premises
  22. 14Measures installed at private rented premises
  23. 15Measures installed at band D social housing
  24. 16Measures installed at band E, F or G social housing
  25. Projects accompanied by declaration from a relevant authority or participant
  26. 17Measures accompanied by a declaration from a relevant authority: household income below £31,000
  27. 18Measures accompanied by a declaration from a relevant authority: premises meeting specified criteria
  28. 19Measures accompanied by a declaration from a relevant authority: referral from a relevant health provider
  29. 20Measures accompanied by a declaration from a participant: debt, discretionary credit and self-disconnection
  30. 21Measures accompanied by a declaration from a relevant authority or participant: Secretary of State approval
  31. Chapter 3: In-fill measures
  32. 22In-fill measures in flats
  33. 23In-fill measures in houses
  34. Chapter 4: Requirements for heating measures
  35. Minimum insulation requirement for heating measures
  36. 24Minimum insulation requirement for certain band D premises
  37. 25Minimum insulation requirement for band E, F and G and other band D premises
  38. Additional requirements for heating measures
  39. 26Additional requirements to be met by heating measures
  40. 27General requirements relating to heating measures
  41. 28Requirements specific to heating measures installed at on-gas premises
  42. 29Requirements specific to heating measures installed at off-gas premises
  43. 30Hierarchy of heating measures installed at off-gas premises
  44. Chapter 5: Installation standards etc.
  45. 31Installation standards, consumer protection and smart meter advice
  46. Part 6: Applications relating to innovation measures
  47. 32Part 6: interpretation
  48. 33Applications for approval as an innovation measure
  49. 34Approval as a standard innovation measure or substantial innovation measure
  50. 35Further applications: substantial innovation measures
  51. 36Publication of information following approval of an innovation measure
  52. 37Definitions: standard innovation measures and substantial innovation measures
  53. Part 7: Applications relating to data light measures and standard alternative methodology measures
  54. 38Applications
  55. 39Approval as a data light measure or standard alternative methodology measure
  56. 40Further applications: standard alternative methodology measures
  57. 41Publication of information
  58. 42Definitions: data light measure and standard alternative methodology measure
  59. Part 8: Notification of Completed Measures
  60. 43Notification requirements for completed measures
  61. 44Deadline for notification of completed measures
  62. Part 9: Surplus actions
  63. 45Surplus actions
  64. Part 10: Scores
  65. Chapter 1: Overview
  66. 46Part 10: interpretation
  67. 47Calculating allowances and giving a score to an ECO4 project or to a qualifying action
  68. 48Calculation of data light measure, exempted project, heating repair and heating replacement allowances
  69. Chapter 2: Requirements for a full project score
  70. 49Requirements for a full project score: overview
  71. 50ECO4 projects: minimum requirement for energy efficiency improvement
  72. 51Determination of the post-project SAP band
  73. 52Determination whether a measure is within the data light measure allowance
  74. Chapter 3: Calculating full project scores
  75. 53Full project score: overview and determination of post-project SAP rating
  76. 54Publication of a methodology for determining ECO4 project cost savings
  77. 55Full project score: calculation
  78. 56Addition to annual cost savings for projects including basic heating repair or replacement measures
  79. 57Addition to annual cost savings for projects including repairs and replacements of efficient electric storage heaters
  80. 58Project innovation uplift
  81. 59Determination whether general innovation allowance is exhausted
  82. 60Determination whether measures are uplift eligible innovation measures
  83. 61Building fabric repair increase for ECO4 projects
  84. 62Determination of building fabric repair expenditure
  85. 63Determination whether building fabric repair allowance is exhausted
  86. 64Penalty for late completion of qualifying actions
  87. 65Time frame for completion of qualifying actions
  88. Chapter 4: Calculating partial project scores
  89. 66Interpretation: definitions related to formulae
  90. 67Partial project score for basic heating repair or replacement measures: calculation
  91. 68Partial project score for repairs and replacements of certain electric storage heaters
  92. 69Determination whether the heating repair or heating replacement allowance is exhausted
  93. 70Partial project score for district heating connections
  94. 71Partial project score for data light measures and standard alternative methodology measures
  95. 72Partial project score for other qualifying actions in an ECO4 project
  96. 73Partial project scores: innovation measure uplift
  97. 74Partial project scores: building fabric repair increase
  98. 75Publication of annual cost savings methodology: data light measures and standard alternative methodology measures
  99. 76Publication of annual cost savings methodology: other qualifying actions
  100. Chapter 5: In-fill measures
  101. 77Score for in-fill measures
  102. Chapter 6: Surplus actions and ECO3 interim delivery actions
  103. 78Score for surplus action and ECO3 interim delivery actions
  104. Part 11: Exemptions
  105. 79Exemptions
  106. Part 12: Transfers
  107. 80Transfer of measures
  108. 81Transfer of obligations
  109. Part 13: Information and Enforcement
  110. 82Final determination and reporting
  111. 83Information from participants
  112. 84Declaration verification service
  113. 85Enforcement
  114. Signature
  115. Schedule 1: Help to heat group eligibility
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. Schedule 2: Domestic premises which are social housing
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. Explanatory note