Article 12 Achievement of carbon emissions reduction obligationI1

England, Wales and Scotland

(1)

A supplier must achieve its total carbon emissions reduction obligation by 31st March 2015.

(2)

A supplier must achieve its total carbon emissions reduction obligation by promoting carbon qualifying actions F1....

F2(3)

A carbon qualifying action is the installation, at domestic premises, of a measure in—

(a)

paragraph (4) where the conditions in paragraph (7) are satisfied; or

(b)

paragraph (5A) where—

(i)

the conditions in paragraph (8) are satisfied; and

(ii)

in the case of a secondary measure, the conditions in one of paragraphs (9) to (11) are satisfied.

(4)

The measures referred to in F3paragraph (3)(a) are—

F4(a)

insulation of a hard to treat cavity where—

(i)

that is a recommended measure; and

(ii)

the installation is carried out before 1st April 2014;

(b)

subject to paragraph (5), solid wall insulation where that is a recommended measure;

(c)

subject to paragraph (6), a recommended measure other than one in sub-paragraph (a) or (b) where that measure is installed—

(i)

to improve the insulating properties of the premises; F5and

(ii)

at the same premises where a measure in sub-paragraph (a) or (b) has been or will be installed;

F6(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(iv)

on the same date as, or no more than six months before, or no more than six months after, the date on which the measure in sub-paragraph (a) or (b) is installed;

(d)

a connection to a district heating system where that connection is made—

(i)

at the same premises where a measure in sub-paragraph (a) or (b) has been or will be installed;

(ii)

by the same supplier which installs the measure in sub-paragraph (a) or (b); and

(iii)

no more than six months before, or no more than six months after, the date on which the measure in sub-paragraph (a) or (b) is installed.

(5)

Where solid wall insulation is installed at F8domestic premises, for a measure in paragraph (4)(c) or (d) to be a qualifying action the solid wall insulation must be applied to at least 50% of the walls which are exterior-facing.

F9(5A)

The measures referred to in paragraph (3)(b) are—

(a)

insulation of a cavity wall where that is a recommended measure;

(b)

flat roof insulation where that is a recommended measure;

(c)

loft insulation where that is a recommended measure;

(d)

rafter insulation where that is a recommended measure;

(e)

room-in-roof insulation where that is a recommended measure;

(f)

a connection to a district heating system where that connection is made to premises which—

(i)

do not include the top floor of the building in which those premises are located, and where the walls of those premises cannot be insulated; or

(ii)

have flat roof, loft, rafter, room-in-roof or wall insulation;

(g)

subject to paragraph (6A), a secondary measure.

(6)

Where a measure falling within paragraph (4)(c) or (d) (“M1”) is installed before a measure described in paragraph (4)(a) or (b) (“M2”), M1 is not a qualifying action until the installation of M2 is complete.

F10(6A)

Where a secondary measure is installed before a measure described in paragraph (5A)(a) to (f) (“M3”), the secondary measure is not a qualifying action until the installation of M3 is complete.

(7)

The conditions referred to in F11paragraph (3)(a) are—

F12(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

that the installation must be carried out—

(i)

after 30th September 2012; and

(ii)

in accordance with the Publicly Available Specification where the installation is referred to in the Specification.

F13(8)

The conditions referred to in paragraph (3)(b) are that the installation must be carried out—

(a)

on or after 1st April 2014; and

(b)

in accordance with the Publicly Available Specification where the installation is referred to in the Specification.

(9)

The conditions in this paragraph are that the secondary measure is installed at the same premises where a measure in paragraph (5A)(a), (b), (d) or (e) has been or will be installed and the measure in paragraph (5A)(a), (b), (d) or (e)—

(a)

meets the conditions in paragraph (8); and

(b)

is installed—

(i)

by the same supplier which installs the secondary measure; and

(ii)

on the same date as, or no more than six months before, or no more than six months after, the date on which the secondary measure is installed.

(10)

The conditions in this paragraph are that the secondary measure is installed at the same premises where a measure in paragraph (5A)(c) has been or will be installed and the measure in paragraph (5A)(c)—

(a)

meets the conditions in paragraph (8);

(b)

is installed in lofts which have no more than 150mm of insulation before the installation takes place and results in the lofts being insulated to a depth of no less than 250mm; and

(c)

is installed—

(i)

by the same supplier which installs the secondary measure; and

(ii)

on the same date as, or no more than six months before, or no more than six months after, the date on which the secondary measure is installed.

(11)

The conditions in this paragraph are that the secondary measure is installed at the same premises where a measure in paragraph (5A)(f) has been or will be installed and the measure in paragraph (5A)(f)—

(a)

meets the conditions in paragraph (8); and

(b)

is installed by the same supplier which installs the secondary measure.

(12)

In this article, “secondary measure” means a measure other than a measure in paragraph (5A)(a) to (f), where that secondary measure is—

(a)

installed to improve the insulating properties of the premises; and

(b)

a recommended measure.

Annotations

Textual amendments

F1: Words in art. 12(2) omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 4(a)
F2: Art. 12(3) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(a)
F3: Words in art. 12(4) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(b)(i)
F4: Art. 12(4)(a) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(b)(ii)
F5: Word in art. 12(4)(d) inserted (1.5.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 4(c)(i)
F6: Art. 12(4)(d)(iii) and word omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 4(c)(ii)
F7: Art. 12(4)(c)(iv) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(b)(iii)
F8: Word in art. 12(5) substituted (1.5.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 4(d)
F9: Art. 12(5A) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(c)
F10: Art. 12(6A) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(d)
F11: Words in art. 12(7) substituted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(e)
F12: Art. 12(7)(a) omitted (1.5.2014) by virtue of The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 4(e)
F13: Art. 12(8)-(12) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 6(f)

Commencement

I1: Art. 12 in force at 5.12.2012, see art. 1