Regulation 11 Amendment of the Warm Home Discount Regulations 2011

in paragraph (3)(a) after “Chapter 2” insert “and in scheme year 5 must, where reasonably practicable, be no less than the amount notified to the supplier under regulation 12(5)(b)”,

after paragraph (3) insert—

“(3A)

In scheme year 5—

(a)

a compulsory scheme electricity supplier must notify the Authority by 15th December 2015 if it considers that it will not incur at least the spending notified to it under regulation 12(5)(b);

(b)

the Authority must, within 28 days of receiving such a notification—

(i)

determine whether, and if so the extent to which, the supplier may incur spending below that amount;

(ii)

where the Authority determines that the supplier may incur spending below that amount, determine the amount by which the supplier must increase its spending under Chapter 4; and

(iii)

notify the supplier accordingly; and

(c)

a supplier must comply with a determination notified to it under sub-paragraph (b)(iii).”,

for paragraph (4)(b) substitute—

“(b)

under Chapter 4—

(i)

in scheme years 1 to 4, is the relevant percentage of £30 million; and

(ii)

in scheme year 5, is the relevant percentage of £30 million, unless the Authority has notified the supplier under paragraph (3A)(b)(iii) that spending in excess of that amount is necessary to meet the supplier’s non-core spending obligation; and”,

after paragraph (4) insert—

“(4A)

In scheme year 5, the amount of spending that a compulsory scheme electricity supplier must aim to make under Chapter 2 is the relevant percentage of the amount calculated by subtracting £30 million from the aggregate non-core spending obligation.”,

in paragraph (5) for “paragraph (4)” substitute “paragraphs (4) and (4A)”.