Article 39 Approval as a data light measure or standard alternative methodology measureI1

England, Wales and Scotland

(1)

On receiving an application under article 38, the Administrator must decide whether to—

(a)

approve the measure as a data light measure;

(b)

approve the measure as a standard alternative methodology measure; or

(c)

reject the application.

(2)

The Administrator must not approve a measure as a data light measure or a standard alternative methodology measure unless it is satisfied that—

(a)

the measure description stated in the application is accurate and contains sufficient detail to distinguish the measure from other measures commonly available on the market in Great Britain;

(b)

the Standard Assessment Procedure does not provide a methodology for calculating the annual cost savings of the measure;

(c)

the methodology stated in the application is reasonable;

(d)

the standards stated in the application in accordance with article 38(2)(a)(v) include provisions designed to ensure the safety and efficacy of the measure on its installation; and

(e)

the measure is not—

(i)

a district heating connection;

(ii)

the installation of equipment for the generation of heat wholly or partly from coal, biofuel, oil or liquefied petroleum gas;

(iii)

the installation of equipment for the generation of heat wholly or mainly from a non-renewable source; or

(iv)

a repair.

(3)

The Administrator may only approve a measure as a standard alternative methodology if it is satisfied that—

(a)

the measure results in a reduction in the cost of heating domestic premises to 21 degrees Celsius in the main living areas and 18 degrees Celsius in all other areas;

(b)

the measure is—

(i)

a type of measure listed in Table A.1, A.2 or A.3 in Annex A to F1PAS 2030:2023; or

(ii)

a certified product under MCS; and

(c)

the evidence included in the application is sufficient to enable a methodology for calculating the annual cost savings of the measure to be established under Appendix Q of the Standard Assessment Procedure.

(4)

The Administrator may only approve a measure as a data light measure if—

(a)

it is satisfied that—

(i)

the measure is reasonably expected to result in a reduction in the cost of heating domestic premises to 21 degrees Celsius in the main living areas and 18 degrees Celsius in all other areas; and

(ii)

the measure is certified, by a person accredited to ISO/IEC 17065:2012, as conforming to the standards stated in the application in accordance with article 38(2)(a)(v); and

(b)

the threshold in paragraph (3) is not met.

F2(5)

In this article, “the Standard Assessment Procedure” means—

(a)

SAP2012, and

(b)

SAP10.2.

Annotations

Textual amendments

F1: Words in art. 39(3)(b) substituted (1.8.2025) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2025 (S.I. 2025/941), arts. 1(2), 8(1)(d) (with art. 8(2))
F2: Art. 39(5) inserted (29.7.2025) by The Electricity and Gas (Energy Company Obligation) (Amendment, Saving and Transitional Provisions) Order 2025 (S.I. 2025/802), arts. 1(2), 4 (with art. 11)

Commencement

I1: Art. 39 in force at 27.7.2022, see art. 1(1)