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The Electricity and Gas (Energy Company Obligation) Order 2014

S.I. 2014/3219 · Made 4 December 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 29 March 2017.

Electricity

Gas

Made 4th December 2014

Coming into force in accordance with article 1

The Secretary of State makes this Order in exercise of the powers conferred by sections 33BC and 33BD of the Gas Act 1986 M1, sections 41A and 41B of the Electricity Act 1989 M2, sections 103 and 103A of the Utilities Act 2000 M3 and section 2(2) of the European Communities Act 1972 M4.

The Secretary of State has consulted the Gas and Electricity Markets Authority, Citizens Advice, Citizens Advice Scotland, electricity generators, electricity distributors, electricity suppliers, gas transporters, gas suppliers and such other persons as the Secretary of State considers appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to sections 33BC(12) and 33BD(4) of the Gas Act 1986, sections 41A(12) and 41B(4) of the Electricity Act 1989, sections 103(5) and 103A(6) of the Utilities Act 2000 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 M5.

The Secretary of State is a Minister designated M6 for the purpose of section 2(2) of the European Communities Act 1972 in relation to energy and energy sources.

Annotations to the whole text

Marginal citations

M1

1986 c.44. Section 33BC was inserted (as section 33BB) by section 10(1) of, and Schedule 3, paragraph 36 to, the Gas Act 1995 (c.45). Section 33BB was substituted by (and renumbered as) section 33BC by section 99 of the Utilities Act 2000 (c.27). This section was also amended by sections 15 and 17 of, and paragraphs 1 and 2 of the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c.19) and section 79 of, and paragraph 1 of Schedule 8 to, the Climate Change Act 2008 (c.27). Section 66 of the Energy Act 2011 (c.16) and S.I. 2014/631, articles 3, 4 and Schedule 1 also amend this section. Section 33BD was inserted by section 68 of the Energy Act 2011.

M2

1989 c.29. Section 41A was substituted for section 41 by section 70 of the Utilities Act 2000 and amended by sections 16 and 17 of, and paragraphs 4 and 5 of the Schedule to, the Climate Change and Sustainable Energy Act 2006 and section 79 of, and paragraphs 2 to 5 of Schedule 8 to, the Climate Change Act 2008. Section 67 of the Energy Act 2011 also amends this section. Section 41B was inserted by section 69 of the Energy Act 2011.

M3

2000 c.27. This section was amended by section 17 of, and paragraph 7 of the Schedule to, the Climate Change and Sustainable Energy Act 2006 and section 79 of, and paragraph 6 of Schedule 8 to, the Climate Change Act 2008. This section has also been amended by section 72 of, and paragraphs 7 and 8 of the Schedule to, the Energy Act 2011. Section 103A was inserted by section 70 of the Energy Act 2011.

M4

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

M5

Paragraph 2(2) of Schedule 2 was amended by the Legislative and Regulatory Reform Act 2006, sections 27(2)(a) and 33.

M6

S.I. 2010/761.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Overall carbon emissions reduction target, overall carbon saving community target and overall home heating cost reduction target
  5. 3Overall carbon emissions reduction target, carbon saving community target and home heating cost reduction target
  6. 4Definition of a supplier
  7. 5Article 4: group companies
  8. 6Notification by suppliers of domestic customers and energy supplied
  9. Part 3: Determining carbon emissions reduction obligations, carbon saving community obligations and home heating cost reduction obligations
  10. 7Determining a supplier’s obligations and minimum requirements
  11. 8Determining obligations for a supplier who is not a member of a group
  12. 9Determining obligations for a supplier who is a member of a group
  13. 10Determining supply
  14. 11Increasing a supplier's carbon emissions reduction obligation as a result of the supplier's failure to achieve its ECO1 CERO target
  15. Part 4: Achievement of obligations, determining savings and surplus actions
  16. 12Achievement of carbon emissions reduction obligation
  17. 13A supplier's solid wall minimum requirement
  18. 14Achievement of carbon saving community obligation
  19. 15Actions in specified adjoining areas of low income
  20. 16Achievement of home heating cost reduction obligation
  21. 16AConditions to be met for heating qualifying actions completed after 31st March 2017
  22. 17Notifications of qualifying actions
  23. 18Determining the carbon saving for a qualifying action
  24. 19Determining the cost score for a qualifying action
  25. 20Determining the cost score for a qualifying boiler repair and replacement
  26. 21Determining the cost score for a gas fuelled qualifying boiler replacement
  27. 22Determining the cost score for a qualifying electric storage heater repair and replacement
  28. 23Determining the cost score for heating qualifying actions installed at non-gas fuelled premises
  29. 24Approval of an appropriate methodology for the carbon saving or cost saving attributable to a SAP scored qualifying action
  30. 24AMethodology for the carbon saving or cost saving attributable to a deemed score qualifying action
  31. 25Attributing the carbon saving or cost score to a qualifying action
  32. 26Transfers of qualifying actions
  33. 27Surplus actions
  34. 28Determining the carbon saving for a surplus action
  35. 29Determining the cost score for a surplus action
  36. 30Transfers of surplus actions
  37. Part 5: Enforcement
  38. 30ATransfer of obligations
  39. 31Final determination and reporting
  40. 32Information from suppliers
  41. 33Publication of energy savings achieved by suppliers and provision of information to the Secretary of State by suppliers
  42. 34Enforcement
  43. Signature
  44. Schedule 1: AFFORDABLE WARMTH GROUP ELIGIBILITY
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. Schedule 2IN-USE FACTORS
  50. Schedule 3: Qualifying warranties for replacement boilers
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. 3Paragraph 3
  54. 4Paragraph 4
  55. 5Paragraph 5
  56. 6Paragraph 6
  57. Schedule 4: DOMESTIC PREMISES WHICH ARE NOT PRIVATE DOMESTIC PREMISES
  58. Part 1: Installations completed on or before 31st March 2017
  59. 1Paragraph 1
  60. Part 2: Installations completed on or after 1st April 2017
  61. 2Paragraph 2
  62. Schedule 4A: DOMESTIC PREMISES WHICH ARE E, F OR G SOCIAL HOUSING
  63. 1Paragraph 1
  64. Schedule 4B: HELP TO HEAT GROUP ELIGIBILITY
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. 7Paragraph 7
  72. 8Paragraph 8
  73. 9Paragraph 9
  74. 10Paragraph 10
  75. Schedule 5: CONVERSION FACTORS FOR SURPLUS ACTIONS THAT ARE TO BE CREDITED AGAINST A SUPPLIER'S TOTAL HOME HEATING COST REDUCTION OBLIGATION
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. Explanatory note