The Electricity and Gas (Energy Company Obligation) Order 2018
S.I. 2018/1183 · Made 12 November 2018 · Extends to United Kingdom
Electricity
Gas
Made 12th November 2018
Coming into force in accordance with article 1
The Secretary of State makes this Order in exercise of the powers conferred by section 33BD of the Gas Act 1986 M1, section 41B of the Electricity Act 1989 M2, section 103A of the Utilities Act 2000 M3 and section 2(2) of the European Communities Act 1972 M4, with the agreement of the Scottish Ministers M5.
The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to energy and energy sources M6.
The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux, 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 section 33BC(12) of the Gas Act 1986 M7, as applied by section 33BD(4) of that Act, section 41A(12) of the Electricity Act 1989 M8, as applied by section 41B(4) of that Act, section 103A(6) of the Utilities Act 2000 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 M9.
Annotations to the whole text
Marginal citations
- M1
1986 c.44. Section 33BD was inserted by section 68 of the Energy Act 2011 (c.16).
- M2
1989 c.29. Section 41B was inserted by section 69 of the Energy Act 2011.
- M3
2000 c.27. Section 103A was inserted by section 70 of the Energy Act 2011 and amended by section 60 of the Scotland Act 2016 (c.11) and S.I. 2014/631. Section 60 of the Scotland Act 2016 was brought into force by S.I. 2017/1157 for the purpose of making orders to come into force not earlier than 1st October 2018.
- 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). The European Communities Act 1972 is prospectively repealed by the European Union (Withdrawal) Act 2018 (c.16).
- M5
Notwithstanding section 33BDA of the Gas Act 1986 and section 41BA of the Electricity Act 1989, as inserted by section 59 of the Scotland Act 2016, the Secretary of State may, by virtue of section 33BDA(10) of the Gas Act 1986 and section 41BA(10) of the Electricity Act 1989, make provision under section 33BD of the Gas Act 1986 and section 41B of the Electricity Act 1989 for the purposes of obligations imposed under those sections in relation to Scotland, with the agreement of the Scottish Ministers. Section 59 of the Scotland Act 2016 was brought into force by S.I. 2017/1157 for the purpose of making orders to come into force not earlier than 1st October 2018, and comes into force for remaining purposes on 1st October 2018.
- M6
- M7
Section 33BC was inserted by section 99 of the Utilities Act 2000 (c.27) and amended by section 15 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c.19), Schedule 8 to the Climate Change Act 2008 (c.27), section 66 of the Energy Act 2011 (c.16) and S.I. 2014/631.
- M8
Section 41A was inserted by section 70 of the Utilities Act 2000 and amended by section 16 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006, Schedule 8 to the Climate Change Act 2008, section 67 of, and Schedule 1 to, the Energy Act 2011 and S.I. 2014/631.
- M9
Paragraph 2(2) of Schedule 2 was amended by section 27(2)(a) of the Legislative and Regulatory Reform Act 2006.
Contents
- Part 1: Introduction
- 1Citation and commencement
- 2Interpretation
- 3Definition of a participant
- Part 2: Overall home-heating cost reduction target
- 4Overall home-heating cost reduction target
- Part 3: Determining obligations
- 5Notification by participants of domestic customers and energy supplied
- 6Determining a participant's home-heating cost reduction obligation and solid wall minimum requirement
- 7Determining obligations for a participant who is not a member of a group
- 8Determining obligations for a participant who is a member of a group
- 9Determining supply for phase 1
- 10Determining supply for phases 2 to 4
- Part 4: Achievement of obligations
- 11Achievement of home-heating cost reduction obligation
- 12Caps on certain types of qualifying actions
- 13Qualifying actions
- 14Measures installed at private domestic premises
- 15Measures installed at D social housing
- 16Measures installed at E, F or G social housing
- 17Measures accompanied by a statement from a local authority
- 18Installation standards, warranties and consumer protection
- 19Additional requirements to be met by heating measures
- Part 5: Applications for demonstration actions, innovation measures, monitored measures and surplus actions
- 20Demonstration actions
- 21Innovation measures
- 22Monitored measures
- 23Surplus actions
- Part 6: Notification of completed measures
- 24Notification requirements for completed measures
- 25Deadline for notification of completed measures
- Part 7: Scores
- 26Attributing the score to a qualifying action
- 27The score for district heating connections
- 28The score for demonstration actions
- 29The score for innovation measures
- 30The score for monitored measures
- 31The score for surplus actions
- 32The score for all other qualifying actions
- 33Publication of a cost savings methodology
- Part 8: Transfers
- 34Transfers of qualifying actions
- 35Transfer of obligations
- Part 9: Information and enforcement
- 36Final determination and reporting
- 37Information from participants
- 38Publication of energy savings achieved by participants and provision of information to the Secretary of State by participants
- 39Enforcement
- Signature
- Schedule 1: Domestic premises which are social housing
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: Help to heat group eligibility
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 3: Requirements for warranties for boiler installations
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 4: Relevant F or G owner-occupied premises
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Explanatory note