OpenLegislation

Article 21A Transfers of excess actionsF1

(1)

Where—

(a)

a supplier (“C”) has achieved an excess action F2or group excess action (“E”); and

(b)

the Administrator has approved an application made in respect of E under article 21(9) F3or article 21ZA(5), as applicable,

E may be regarded as achieved by another supplier (“D”) (“a transfer”) if that transfer is approved by the Administrator in accordance with this article.

(2)

C and D must—

(a)

apply for approval in writing to the Administrator by 30th April 2015;

(b)

provide to the Administrator such information, including the number and type of excess actions intended to be transferred, as the Administrator may reasonably require; and

(c)

indicate whether D intends E to be credited towards D’s—

(i)

total carbon emissions reduction obligation;

(ii)

total carbon saving community obligation; or

(iii)

total home heating cost reduction obligation.

(3)

The Administrator must approve a transfer—

(a)

in a case where D has indicated that it intends E to be credited towards a different obligation from the one notified under article 21(2)(b) F4or article 21ZA(4)(d)(ii), if the Administrator is satisfied that E meets any applicable requirement in article 21(4)(d) or (5)(d) F5or article 21ZA(3) in respect of that different obligation; and

(b)

unless it has reasonable grounds to believe that, if the transfer were approved, C would not be able to achieve its—

(i)

total carbon emissions reduction obligation;

(ii)

total carbon saving community obligation; or

(iii)

total home heating cost reduction obligation.

(4)

If the Administrator decides not to approve a transfer under paragraph (3) it must notify C and D of the reasons for that decision.

(5)

If a transfer is approved, E is treated as achieved by D and not C.

Annotations

Textual amendments

F1

Art. 21A inserted (1.5.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 (S.I. 2014/1131), arts. 1(1), 7

F2

Words in art. 21A(1)(a) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 14(a)

F3

Words in art. 21A(1)(b) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 14(b)

F4

Words in art. 21A(3)(a) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 14(c)(i)

F5

Words in art. 21A(3)(a) inserted (5.12.2014) by The Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order 2014 (S.I. 2014/3231), arts. 1, 14(c)(ii)