The Electricity and Gas (Energy Company Obligation) Order 2014

[F1 Conditions to be met for heating qualifying actions completed after 31st March 2017 E+W+S

16A.— (1) This article applies for the purpose of the definition of “heating qualifying action” in article 16(3).

(2) A measure meets the condition in this paragraph if the measure is installed at private domestic premises which are occupied by a member of the help to heat group.

(3) A measure meets the condition in this paragraph if—

(a) the measure is installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of a heating qualifying action at the premises; and

(c) on or after publication of its statement of intent, the local authority has—

(i) made a statement in writing that, in the opinion of the local authority, the premises are occupied by a household living in fuel poverty; or

(ii) made a statement in writing that, in the opinion of the local authority, the premises are occupied by a household living on a low income and vulnerable to the effects of living in a cold home.

(4) A measure meets the condition in this paragraph if—

(a) it is solid wall insulation installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of the solid wall insulation at the premises;

(c) the local authority has made a statement in writing that—

(i) the premises are situated in a semi-detached house, a semi-detached bungalow or a building containing no more than two domestic premises; and

(ii) to the best of the local authority’s knowledge and belief, both houses or bungalows in the pair of semi-detached properties or both premises in the building referred to in paragraph (i) are private domestic premises; and

(d) on or after publication of its statement of intent, the local authority has—

(i) made a statement in writing that, in the opinion of the local authority, at least one of the premises in the pair of semi-detached properties or in the building referred to in sub-paragraph (c)(i) is occupied by a household living in fuel poverty; or

(ii) made a statement in writing that, in the opinion of the local authority, at least one of the premises in the pair of semi-detached properties or in the building referred to in sub-paragraph (c)(i) is occupied by a household living on a low income and vulnerable to the effects of living in a cold home.

(5) A measure meets the condition in this paragraph if—

(a) it is solid wall insulation installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of the solid wall insulation at the premises;

(c) the premises are included in a list of premises which—

(i) has been created by the local authority on or after publication of its statement of intent;

(ii) identifies any premises on the list which in the opinion of the local authority are occupied by a household living in fuel poverty; and

(iii) identifies any other premises on the list which in the opinion of the local authority are occupied by a household living on a low income and vulnerable to the effects of living in a cold home; and

(d) the local authority has made a statement in writing that—

(i) to the best of the local authority’s knowledge and belief, all of the premises included in the list referred to in sub-paragraph (c) are private domestic premises;

(ii) all of the premises included in that list are situated in the same building, in immediately adjacent buildings or in the same terrace; and

(iii) in the opinion of the local authority, at least 66% of the premises included in that list are occupied by households living in fuel poverty or by households living on a low income and vulnerable to the effects of living in a cold home.

(6) A measure meets the condition in this paragraph if—

(a) the measure is installed at E, F or G social housing; and

(b) the measure is—

(i) installed to improve the insulating properties of domestic premises;

(ii) the installation of a central heating system or a renewable heating measure in domestic premises which at no point prior to the installation were heated by a central heating system, a district heating system or an electric storage heater; or

(iii) a relevant district heating connection to domestic premises which at no point prior to the connection were heated by a central heating system, a district heating system or an electric storage heater.

(7) In this article—

“central heating system” means a system which provides heat for the purpose of space heating through a boiler or other heat source connected to one or more separate heat emitters;

“E, F or G social housing” means domestic premises described in Schedule 4A;

“help to heat group” means a group of persons where each person in the group is awarded at least one of the benefits set out in paragraph 1 of Schedule 4B and meets any condition in relation to that benefit which is specified in that Schedule;

“local authority” means—

(a)

a county council;

(b)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(c)

a district council;

(d)

a London Borough Council;

(e)

the Common Council of the City of London;

(f)

the Council of the Isles of Scilly;

(g)

a county borough council;

(h)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“private domestic premises” means domestic premises other than premises described in Part 2 of Schedule 4;

“renewable heating measure” means a measure for the generation of heat by means of a source of energy or technology mentioned in section 100(4) of the Energy Act 2008; and

“statement of intent” means a description of how the local authority intends to identify households that may benefit from the installation of a heating qualifying action and are living—

(a)

in fuel poverty; or

(b)

on a low income and are vulnerable to the effects of living in a cold home.]

Textual Amendments

F1 Art. 16A inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 12