Article 4 Definition of a participant
A licence-holder is a participant in relation to a phase if—
the licence-holder or, where the licence-holder is a member of a group, the group—
supplies 300 gigawatt hours or more of electricity in the qualification year for that phase; and
supplies electricity or gas to 150,000 or more domestic customers at the end of that qualification year;
the licence-holder or, where the licence-holder is a member of a group, the group—
supplies 700 gigawatt hours or more of gas in the qualification year for that phase; and
supplies electricity or gas to 150,000 or more domestic customers at the end of that qualification year; or
in the case of phase 2, 3 or 4, the licence-holder was a participant in relation to the preceding phase.
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—
one is a participant in respect of the supply of electricity; and
the other is a participant in respect of the supply of gas.
For the purposes of this article—
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 for the phase in question; and
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 the whole of that year.
For the purpose 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.
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.