Article 12 Approval of actions by the AuthorityI1

England, Wales and Scotland

F1(1)

The Authority must determine whether or not it approves an action as a qualifying action and whether that approval is in respect of a supplier’s—

(a)

insulation obligation;

(b)

priority group obligation; or

(c)

super priority group obligation.

(2)

Where the Authority approves an action, it must be satisfied that the action is promoted in accordance with article 10.

(3)

Subject to paragraph (4), the Authority must not approve an action as a market transformation action where—

(a)

there exists a similar action to the type of action intended to be promoted; and

(b)

the action to be promoted does not achieve a significantly greater reduction in carbon emissions than that similar action.

(4)

Paragraph (3) does not apply to the promotion of solid wall insulation or F2microgeneration units.

(5)

For the purposes of paragraph (3) the Authority must compare the carbon emissions reduced by the particular action with the benchmark action.

F3(6)

The benchmark action means an action under the 2001 Order or the 2004 Order, as applicable, which achieved the greatest carbon emission reductions for an action of that type.

(7)

The Authority must not approve an action as a demonstration action unless—

(a)

it is satisfied that the information provided under article 11(3)(a) is reasonable; and

(b)

the supplier consents to the to the publication of information in relation to the monitoring and assessment of the action.

F4(7A)

The Authority must not approve as a standard action or a market transformation action the provision of a real-time display or a home energy advice package unless it is satisfied in respect of the matters in paragraph (7B).

(7B)

The matters referred to in paragraph (7A) are—

(a)

the promotion of a real-time display or a home energy advice package makes clear that a display or package will only be provided to a domestic energy user who requests F5, in writing, such a display or package;

(b)

a supplier agrees to provide a real-time display or a home energy advice package to a domestic energy user who has requested F6, in writing, such a display or package; and

(c)

in respect of the provision of a real-time display or a home energy advice package the promotion takes place after 11th September 2008.

(F77C)

The Authority must not on or after 1st April 2011 approve as a qualifying action the provision of compact fluorescent lamps or halogen lamps.

F8(7D)

The Authority must not on or after 1st August 2010 approve as a qualifying action the provision of a measure which will not be professionally installed unless that measure has been requested, in writing, by a domestic energy user.

(7E)

The Authority must not on or after 1st April 2011 approve as a qualifying action the provision of—

(a)

an air source heat pump;

(b)

a biomass boiler with a capacity of 300 kW or less;

(c)

a combined heat and power plant with an electrical capacity of 2 kW or less;

(d)

a ground source heat pump;

(e)

a hydro generating station with a capacity of 50 kW or less;

(f)

a solar photovoltaic panel with a capacity of 50 kW or less;

(g)

a solar thermal water heating system with a capacity of 300 kW or less; or

(h)

wind turbine with a capacity of 50 kW or less,

unless it is satisfied that the measure will be promoted to a member of the super priority group.

(8)

The Authority must notify the supplier of its determination under this article and give reasons for it.

Annotations

Textual amendments

F1: Art. 12(1) substituted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(2)
F2: Word in art. 12(4) substituted (21.7.2009) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2009 (S.I. 2009/1904), arts. 1, 6(2)
F3: Art. 12(6) substituted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(3)
F4: Art. 12(7A)-(7C) inserted (21.7.2009) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2009 (S.I. 2009/1904), arts. 1, 6(3)
F5: Words in art. 12(7B)(a) inserted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(4)
F6: Words in art. 12(7B)(b) inserted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(5)
F7: Art. 12(7C) substituted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(6)
F8: Art. 12(7D)(7E) inserted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 12(7)

Commencement

I1: Art. 12 in force at 31.1.2008, see art. 1