Article 30 Transfers of surplus actions

England, Wales and Scotland

(1)

Where—

(a)

a supplier (“C”) has achieved a surplus action (“S”); and

(b)

the Administrator has approved an application made in respect of S under article 27(5),

S 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 no later than F131st December 2018 ;

(b)

provide to the Administrator such information as the Administrator may reasonably require; and

(c)

indicate whether D intends S 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.

F2(3)

The Administrator must approve a transfer unless—

(a)

D has indicated that it intends S to be credited towards a different obligation to the one it is credited against at the time the application is made and the Administrator is not satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different obligation;

(b)

the application is made on or after 1st July 2017 and S is credited against C’s total carbon saving community obligation at the time the application is made; or

(c)

the application is made on or after 1st July 2017 and D has indicated that it intends S to be credited towards D’s total carbon saving community 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, S is treated as achieved by D and not C.

Annotations

Textual amendments

F1: Words in art. 30(2)(a) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 22(1)
F2: Art. 30(3) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 22(2)