Article 11 Energy efficiency targets: further provision

(1)

A supplier which is for the time being subject to an energy efficiency obligation (“the first supplier”) may, with the written agreement of the Authority—

(a)

treat qualifying action taken by another such supplier (“the second supplier”) as achieving the whole or any part of its target; or

(b)

transfer the whole or any part of its target to the second supplier; or

(c)

subject to paragraph (2), treat action taken by it before 1st April 2002 as qualifying action taken during the period to which this Order relates.

(2)

Action taken by a supplier before 1st April 2002 may not be treated as mentioned in paragraph (1)(c) if action of that description has already been so treated and accounts, in aggregate, for more than 10 per cent of the supplier’s target.

(3)

The Authority shall, in relation to any such agreement as is referred to in paragraph (1), make a record—

(a)

where the circumstances are as mentioned in sub-paragraph (a) of that paragraph—

(i)

of the identity of the first and second suppliers concerned;

(ii)

of the nature of the qualifying action concerned;

(iii)

of the energy savings and carbon savings attributable to that action;

(iv)

of the extent to which the target of the first supplier is treated as achieved by the qualifying action of the second supplier; and

(v)

of the extent (if any) to which the target of the second supplier is achieved by the qualifying action;

(b)

where the circumstances are as mentioned in sub-paragraph (b) of that paragraph—

(i)

of the identity of the first and second suppliers concerned; and

(ii)

of the extent to which the first supplier’s target is transferred to the second supplier;

(c)

where the circumstances are as mentioned in sub-paragraph (c) of that paragraph—

(i)

of the identity of the supplier concerned;

(ii)

of the extent to which earlier action is to be treated as qualifying action; and

(iii)

of the energy savings and carbon savings attributable to that action.

(4)

As soon as reasonably practicable after the making of a record under paragraph (3), the Authority shall provide a copy of it—

(a)

where sub-paragraph (a) or (b) of that paragraph applies, to the first and second suppliers concerned; and

(b)

where sub-paragraph (c) of that paragraph applies, to the supplier concerned.

(5)

A record made by the Authority under paragraph (3) may be kept in any form and shall be kept for a period of not less than 5 years from the date on which it was compiled.