OpenLegislation

Regulation 13 Calculation of non-core spending obligationI1

England, Wales and Scotland

(1)

The non-core spending obligation of a compulsory scheme electricity supplier for a scheme year (subject to F1paragraphs (5) to (7) and any adjustment under regulation 14) is the relevant percentage of the aggregate non-core spending obligation for that scheme year.

(2)

The relevant percentage, in relation to a compulsory scheme electricity supplier (“C”) and a scheme year, is X×100Y% where—

(a)

X is C’s number of domestic customers, unless sub-paragraph (b) or (c) applies;

(b)

if C is connected to one or more scheme gas suppliers but not to any other compulsory scheme electricity suppliers, X is the combined number of domestic customers of C and its connected scheme gas suppliers;

(c)

if C is connected to one or more scheme gas suppliers and to one or more other compulsory scheme electricity suppliers, X is a number equal to Z% of the combined number of domestic customers of C and its connected scheme gas suppliers and connected compulsory scheme electricity suppliers; and

(d)

Y is the total number of domestic customers of all—

(i)

compulsory scheme electricity suppliers; and

(ii)

scheme gas suppliers which are connected to a compulsory scheme electricity supplier.

(3)

In paragraph (2)(c), “Z%” is C’s number of domestic customers as a percentage of the combined number of domestic customers of C and its connected compulsory scheme electricity suppliers.

(4)

In paragraphs (2) and (3)—

(a)

references to a supplier’s number of domestic customers are to the supplier’s number of domestic customers on the 31st December preceding the start of the scheme year; and

(b)

a supplier is to be treated as connected to another supplier if those suppliers were connected on the 31st December preceding the start of the scheme year (but not otherwise).

F2(5)

For F3scheme years 5 to 11, paragraph (6) applies if the Secretary of State has reduced or increased the overall spending target F4for the scheme year under paragraph 5, or paragraph 6 (as applicable), of Schedule 1.

(6)

Where this paragraph applies, C’s non-core spending obligation (subject to any adjustment under regulation 14) is—

(a)

A – B, if the overall spending target has been reduced under paragraph 5 of Schedule 1 F5and C was a compulsory scheme electricity supplier in the preceding scheme year;

(b)

A + B, if the overall spending target has been increased under paragraph 6 of Schedule 1 F6and C was a compulsory scheme electricity supplier in the preceding scheme year;

(F7c)

A, if C was not a compulsory scheme electricity supplier in the preceding scheme year.

(F87)

In paragraph (6)—

(a)

A is C’s relevant percentage for the scheme year of the amount which would have been the aggregate non-core spending obligation for that scheme year if the overall spending target had not been reduced or increased under paragraph 5, or paragraph 6 (as applicable), of Schedule 1;

(b)

B is C’s relevant percentage, as determined under paragraph (2) for the preceding scheme year, of the amount by which the overall spending target has been reduced or increased under paragraph 5, or paragraph 6 (as applicable), of Schedule 1.

Annotations

Textual amendments

F1

Words in reg. 13(1) inserted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 9(a)

F2

Reg. 13(5)-(7) inserted (11.3.2015) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/652), regs. 1, 9(b)

F3

Words in reg. 13(5) substituted (25.6.2021) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/667), regs. 1, 10

F4

Words in reg. 13(5) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 11(a)(ii)

F5

Words in reg. 13(6)(a) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 11(b)(i)

F6

Words in reg. 13(6)(b) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 11(b)(ii)

F7

Reg. 13(6)(c) inserted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 11(b)(iii)

F8

Reg. 13(7) substituted (23.7.2016) by The Warm Home Discount (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/806), regs. 1, 11(c)

Commencement

I1

Reg. 13 in force at 1.4.2011, see reg. 1(2)