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Article 4 Alteration of energy efficiency targets

Original text. Later amendments are not shown.

(1)

Where the number of domestic consumers supplied on 31st December 2002 by a supplier to which paragraph (1) of article 2 applies, differs from the average of—

(a)

the number supplied by that supplier on 31st December 2001; and

(b)

the number supplied by that supplier on 31st December 2002,

the Authority shall, so far as consistent with subsection (4) requirements, alter the supplier’s target for the period beginning on 1st April 2002 and ending immediately before 1st April 2005.

(2)

Where the number of domestic consumers supplied on 31st December 2003 by a supplier to which paragraph (1) or (4) of article 2 applies, differs from the average of—

(a)

the number supplied by that supplier on 31st December 2002, and

(b)

the number supplied by that supplier on 31st December 2003,

the Authority shall, so far as consistent with subsection (4) requirements, alter the supplier’s target for the period beginning on 1st April 2002 or, in the case of a supplier to which paragraph (4) of article 2 applies, 1st April 2003 and ending immediately before 1st April 2005.

(3)

The criteria by reference to which the Authority shall determine the extent to which a supplier’s target is altered under paragraph (1) or (2) shall include the number by which—

(a)

the number of domestic consumers supplied by that supplier on 31st December 2002 or, as the case may be, 31st December 2003, is greater or less than the average determined in accordance with paragraph (1) or (2) respectively; and

(b)

the total number of gas suppliers or, as the case may be, electricity suppliers, has increased or decreased, since the supplier’s energy efficiency target was last determined.

(4)

Where at any time before 31st December 2003, a supplier to which paragraph (1) or (4) of article 2 applies ceases to supply at least 15,000 domestic consumers, it shall forthwith give to the Authority notice in writing to that effect.

(5)

Where, at any time before 31st December 2003, a supplier which has given notice under paragraph (4) again becomes the electricity supplier or the gas supplier of more than 15,000 domestic consumers, it shall forthwith give to the Authority notice in writing to that effect.

(6)

Where the Authority agrees to any matter referred to in paragraph (1) of article 11, it shall make an appropriate alteration to the target of the supplier or suppliers concerned.

(7)

Where the Authority alters the target of a supplier pursuant to any of paragraphs (1), (2) or (6), the Authority shall, by notice in writing to the supplier, inform it of its target as so altered.