Regulation 21 Legacy spending
Subject to regulation 15(4) and to paragraph (3), a compulsory scheme electricity supplier which is a relevant supplier may count towards its non-core spending obligation for a scheme year—
the amount of any legacy spending incurred by the compulsory scheme electricity supplier in the scheme year; and
if the compulsory scheme electricity supplier is connected to a scheme gas supplier which is a relevant supplier, the amount of any legacy spending incurred by the scheme gas supplier, to the extent permitted by regulation 16.
The amount of legacy spending incurred by a relevant supplier in a scheme year is the sum of—
the amount (excluding Value Added Tax) of relevant benefits in the form of rebates; and
the value of relevant benefits in the form of discounted tariffs (excluding any reduction in the amount of Value Added Tax paid by eligible customers as a result of the provision of those tariffs),
provided to eligible customers by that supplier in the scheme year.
A compulsory scheme electricity supplier may not in any scheme year count towards its non-core spending obligation the amount or value of relevant benefits provided to a number of eligible customers exceeding the number specified in paragraph (4).
The number referred to in paragraph (3) is the number of eligible customers who were provided with a financial benefit in the period 1st April 2010 to 31st March 2011 under a voluntary commitment by—
the compulsory scheme electricity supplier; or
a connected scheme gas supplier.