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Article 7 Determining a supplier’s obligations and minimum requirementsF8

England, Wales and Scotland

(1)

Except where paragraph (6) or (7) applies, the Administrator must determine F1... a supplier's—

(a)

carbon emissions reduction obligation F2for each phase;

(b)

carbon saving community obligation F3for phase 1 and phase 2; and

(c)

home heating cost reduction obligation F4for each phase .

(2)

Except where paragraph (6) or (7) applies, the Administrator must also determine for each phase a supplier's provisional solid wall minimum requirement.

(3)

For the purposes of paragraphs (1) and (2), the Administrator must—

(a)

in the case of a supplier which is not a group company during the phase to which a determination relates, make the determination in accordance with article 8;

(b)

in the case of a supplier which is a group company during the phase to which a determination relates, make the determination in accordance with article 9.

F5(4)

Except where paragraph (6) or (7) applies, a supplier’s—

(a)

home heating minimum requirement for phase 3 is—

0.76×H

where “H” is the home heating cost reduction obligation determined under paragraph (1) for the supplier in respect of phase 3; and

(b)

rural minimum requirement for phase 3 is—

0.15×C

where “C” is the carbon emissions reduction obligation determined under paragraph (1) for the supplier in respect of phase 3.

(5)

The Administrator must notify a supplier of its obligations in paragraph (1) and its provisional solid wall minimum requirement—

(a)

for phase 1 and 2, by no later than the last day of February prior to the commencement of the phase;

(b)

for phase 3, by no later than 28 days after the commencement date.

(6)

Where a supplier—

(a)

is not a group company; and

(b)

has notified under article 6 a supply of gas or electricity for the relevant notification period which does not exceed a qualifying supply,

each of the supplier's obligations in paragraph (1) F6, the requirement in paragraph (2) and the requirements in paragraph (4) for a phase is zero.

(7)

Where a supplier—

(a)

is a group company; and

(b)

has notified under article 6 a supply of gas or electricity for the group for the relevant notification period which does not exceed a qualifying supply,

each of the supplier's obligations in paragraph (1) F7, the requirement in paragraph (2) and the requirements in paragraph (4) for a phase is zero.

(8)

A supplier is a group company during a phase where it is a member of a group with another supplier at the end of 31st December immediately before the commencement of that phase.

Annotations

Textual amendments

F1

Words in art. 7(1) omitted (29.3.2017) by virtue of The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(2)(a)

F2

Words in art. 7(1)(a) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(2)(b)

F3

Words in art. 7(1)(b) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(2)(c)

F4

Words in art. 7(1)(c) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(2)(d)

F5

Art. 7(4)(5) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(3)

F6

Words in art. 7(6) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(4)

F7

Words in art. 7(7) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(5)

F8

Words in art. 7 heading substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 7(1)