Article 31 Final determination and reporting

England, Wales and Scotland

(1)

The Administrator must determine whether a supplier has achieved its—

(a)

total carbon emissions reduction obligation;

(b)

total carbon saving community obligation; and

(c)

total home heating cost reduction obligation.

(2)

A supplier may apply to the Administrator, in writing, by no later than F131st December 2018 for a qualifying action (“Q”) or a surplus action (“S”) to be credited against a different obligation to the one it is credited against at the time the application is made.

F2(3)

The Administrator must approve an application in respect of Q if—

(a)

it is satisfied that Q meets the applicable requirements in articles 12 to 16 in respect of that different obligation;

(b)

where the application is made on or after 1st July 2017 and Q is credited against a supplier’s total carbon saving community obligation at the time the application is made, the Administrator is satisfied that Q is not required by the supplier to meet its total carbon saving community obligation; and

(c)

where the application is made on or after 1st July 2017, it is not an application for Q to be credited towards a supplier’s total carbon saving community obligation.

(3A)

The Administrator must approve an application in respect of S if—

(a)

it is satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different obligation; and

(b)

where the application is made on or after 1st July 2017, it is not an application for S to be credited towards a supplier’s total carbon saving community obligation.

(4)

The Administrator must notify the supplier of its determination—

(a)

under paragraph (1)(b), no later than 30th September 2017;

(b)

under paragraph (1)(a) and (c), no later than 31st March 2019.

(5)

The Administrator must submit to the Secretary of State a report each month, commencing in July 2015, setting out the progress which suppliers have made towards meeting their obligations under this Order.

(6)

Not later than F331st March 2019 the Administrator must submit to the Secretary of State a report setting out whether suppliers achieved the—

(a)

overall carbon emissions reduction target;

(b)

overall carbon saving community target;

(c)

overall home heating cost reduction target.

Annotations

Textual amendments

F1: Words in art. 31(2) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(1)
F2: Art. 31(3)-(4) substituted for art. 31(3)(4) (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(2)
F3: Words in art. 31(6) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 24(3)