Regulation 22 Adjustment of non-core spending obligation: scheme years 17 to 20

(1)

The adjustments that must be made to the non-core spending obligation for a scheme year (other than scheme year 16) (“O”) of a compulsory scheme electricity supplier (“C”) are as follows.

(2)

O must be adjusted in accordance with paragraph (3) or (4) if I is less than or exceeds S where—

(a)

“I” is the amount of spending incurred by C under this Part (as determined by the Authority in accordance with regulation 34) in the preceding scheme year;

(b)

“S” is C’s non-core spending obligation for the preceding scheme year as adjusted for that scheme year, where required, in accordance with regulation 21 or this regulation.

(3)

If I is less than S, O must be adjusted by adding (S - I).

(4)

If I exceeds S, O must be adjusted by subtracting the lesser of—

(a)

(I - S); and

(b)

the relevant amount.

(5)

For the purposes of paragraph (4), the “relevant amount” is—

(a)

5% of S; or

(b)

where C notified the Authority of its intention to meet all or part of a failed supplier’s non-core spending obligation for the preceding scheme year in accordance with regulation 36, 10% of S.

(6)

Whether or not an adjustment is made under paragraph (2), O must be adjusted by adding an amount equal to the undelivered rebate amount.

(7)

For the purposes of paragraph (6), the “undelivered rebate amount” is £150 multiplied by—

(a)

where C has made a notification under regulation 14(5) in respect of the preceding scheme year, the number of prescribed rebates as stated in that notification;

(b)

where C has made a notification under regulation 27(5) in respect of the preceding scheme year, the number of prescribed rebates as stated in that notification;

(c)

where C has made notifications mentioned in both sub-paragraphs (a) and (b), the sum of the number of prescribed rebates as stated in those notifications.