Regulation 12 Determination and notification of non-core spending obligationI1
England, Wales and Scotland
The Secretary of State must—
for scheme year 1, by 7 days after the commencement date, F1...
for scheme year 5, by 7 days after the second commencement date,
for scheme year 6, by 7 days after the third commencement date,
for scheme year 8, on or before the 7th day after the fourth commencement date,
for scheme year 11, on or before the 7th day after the fifth commencement date,
determine and notify to the Authority the aggregate non-core spending obligation.
Schedule 1 makes provision about the determination of the aggregate non-core spending obligation.
The Authority must—
for scheme year 1, by 28 days after the commencement date, and
for scheme years 2, 3 and 4, by 14th March preceding the start of the scheme year,
calculate for each compulsory scheme electricity supplier, and notify to that supplier, the amounts specified in paragraph (4).
The amounts are—
the supplier’s non-core spending obligation (subject to any later adjustment under regulation 14); and
the maximum amounts of spending which the supplier may count towards meeting its non-core spending obligation under—
Chapter 3 (legacy spending);
Chapter 4 (industry initiatives); and
Chapters 3 and 4 combined.
For scheme year 5 the Authority must, by 28 days after the second commencement date, calculate for each compulsory scheme electricity supplier, and notify to that supplier, the following amounts—
the supplier’s non-core spending obligation (subject to any later adjustment under regulation 14);
the amount of spending which the supplier must aim to make under Chapter 2 (the broader group); and
the maximum amount of spending which the supplier may count towards meeting its non-core spending obligation under Chapter 4 (subject to any determination by the Authority under regulation 15(3A)(b)(ii)).
The Authority must—
for scheme year 6, by 28 days after the third commencement date, F10...
for scheme year 7, by 14th March 2017,
for scheme year 8, on or before the 20th working day after the fourth commencement date,
for scheme year 9, by 14th March 2019, F12...
for scheme year 10, by 14th March 2020, F13and
for scheme year 11, on or before the 20th working day after the fifth commencement date,
calculate for each compulsory scheme electricity supplier, and notify to that supplier, the amounts specified in paragraph (7).
The amounts specified for the purposes of paragraph (6) are—
the supplier’s non-core spending obligation (subject to any later adjustment under regulation 14);
for a scheme year in which the aggregate non-core spending obligation exceeds £50 million, the amount of spending which the supplier is required to make under Chapter 2; and
the maximum amount of spending which the supplier may count towards meeting its non-core spending obligation under Chapters 4 and 5 combined (subject to any determination by the Authority under regulation 15(3A)(ba)(ii) F16or 15B(3)(b)).
Annotations
Textual amendments
- F1
Word in reg. 12(1) omitted (11.3.2015) by virtue of The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 8(1)(a)
- F2
Words in reg. 12(1)(b) substituted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 10(a)
- F3
Words in reg. 12(1)(b) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(a)
- F4
Reg. 12(1)(c) inserted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 8(1)(b)
- F5
Reg. 12(1)(d) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 10(b)
- F6
Reg. 12(1)(e) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(b)
- F7
Reg. 12(1)(f) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 9(a)
- F8
Reg. 12(5) inserted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 8(2)
- F9
Reg. 12(6)(7) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 10(c)
- F10
Word in reg. 12(6)(a) omitted (15.8.2018) by virtue of The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(c)
- F11
Reg. 12(6)(c)-(e) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(d)
- F12
Word in reg. 12(6)(d) omitted (25.6.2021) by virtue of The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 9(b)(i)
- F13
Word in reg. 12(6)(e) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 9(b)(ii)
- F14
Reg. 12(6)(f) inserted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 9(b)(iii)
- F15
Reg. 12(7)(b) substituted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(e)
- F16
Words in reg. 12(7)(c) inserted (15.8.2018) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/909), regs. 1, 11(f)
Commencement
- I1
Reg. 12 in force at 1.4.2011, see reg. 1(2)