Article 8 Determinations by the Authority
The Authority shall determine, with respect to each supplier by which information is provided in accordance with article 7—
whether the activity proposed is qualifying action, identifying, if only part of the proposed activity is qualifying action, the relevant part; and
what improvement in energy efficiency is to be attributed to the proposed activity or to any result of that activity or, as the case may be, to the relevant part or to any result of that part, specified in the determination.
Where a supplier provides information as to its proposals for undertaking energy service action, the Authority shall, subject to paragraph (3), for the purposes of paragraph (1)(b) attribute to the qualifying action comprised in that energy service action an improvement in energy efficiency that exceeds by 50 per cent the improvement that may reasonably be expected to be achieved.
The Authority may not make the attribution referred to in paragraph (2) as regards more than 10 per cent of the supplier’s target.
The Authority shall give written notice to the supplier of the matters determined under paragraph (1) as soon as reasonably practicable after receipt of information from the supplier under article 7.
For the purposes of this Order, determinations of which notice is given before 1st April 2002 shall be as effective as those of which notice is given on or after that date.