The Electricity and Gas (Energy Company Obligation) Order 2014

Notifications of qualifying actions E+W+S

17.—(1)  [F1 Subject to paragraph (3A),] A supplier must by the end of each relevant calendar month notify the Administrator in writing of each qualifying action completed in the calendar month immediately prior to the calendar month in which the notification is required to be made in accordance with this paragraph.

(2) A notification under paragraph (1) must—

(a) identify which obligation the qualifying action is intended to be credited against; and

(b) include, as appropriate, the carbon saving or cost score for each qualifying action.

(3) Except where article 12(5) applies, a qualifying action is completed when its installation is complete.

[F2 (3A) A supplier may notify a completed qualifying action (“the late action”) after the date required by paragraph (1) (“the original deadline”) if—

(a) following receipt of an application under paragraph (4), the Administrator has extended the period for notifying the late action and the notification is made within that extended period; or

(b) the late action—

(i) falls within the 5% notification threshold for the supplier (“the notifying supplier”);

(ii) is completed on or after 1st April 2017; and

(iii) is notified before the earlier of—

(aa) the end of the fourth calendar month after the calendar month in which the late action was completed; or

(bb) the end of December 2018.

(3B) For the purposes of paragraph (3A)(b)(i), a late action falls within the 5% notification threshold for the notifying supplier if, at the time the late action is notified to the Administrator, the result of the following formula is less than or equal to 0.05—

where—

(a)

“A” is the number of qualifying actions (also counting the late action) which are—

(i)

completed in the same calendar month as the late action; and

(ii)

notified after the original deadline by—

(aa)

the notifying supplier; or

(bb)

any other supplier that is a member of the same group as the notifying supplier;

(b)

“B” is the number of qualifying actions which are—

(i)

completed in the same calendar month as the late action;

(ii)

the subject of an application under paragraph (4) which results in the Administrator extending the period for notifying the action (“the extended period”); and

(iii)

notified after the original deadline and within the extended period by—

(aa)

the notifying supplier; or

(bb)

any other supplier that is a member of the same group as the notifying supplier; and

(c)

“C” is the greater of one or the number of qualifying actions which are—

(i)

completed in the same calendar month as the late action; and

(ii)

notified on or before the original deadline by—

(aa)

the notifying supplier; or

(bb)

any other supplier that is a member of the same group as the notifying supplier.]

(4) A supplier may apply to the Administrator for a completed qualifying action to be notified after the date required by paragraph (1).

[F3 (5) Following receipt of an application under paragraph (4), the Administrator may extend the period for notifying the late action for such period as it thinks fit provided that—

(a) details of why the supplier is seeking an extension of time to notify the late action are provided in the application; and

(b) in the case of an action completed on or before 31st March 2017, the reason for the application is one other than an administrative oversight on the part of the supplier.] 

(7) A notification under this article must include such information relating to a qualifying action as the Administrator may from time to time require.

(8) In this article—

[F4 “new supplier” means a new 2015 supplier or a new 2016 supplier;]

“overall obligation period” means—

(a)

for a supplier other than a new supplier, the period beginning with 1st April 2015 and ending with [F5 30th September 2018] ;

(b)

[F6 for a new 2015 supplier, the period beginning with 1st April 2016 and ending with 30th September 2018;

(c)

for a new 2016 supplier, the period beginning with 1st April 2017 and ending with 30th September 2018;]

“relevant calendar month” means—

(a)

a calendar month in the overall obligation period for the supplier (but excluding April 2015 if that month would otherwise form part of that period); and

(b)

[F7 October 2018] .

Textual Amendments

F1 Words in art. 17(1) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(1)

F2 Art. 17(3A)(3B) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(2)

F3 Art. 17(5) substituted for art. 17(5)(6) (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(3)

F4 Words in art. 17(8) inserted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(4)(a)

F5 Words in art. 17(8) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(4)(b)(i)

F6 Words in art. 17(8) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(4)(b)(ii)

F7 Words in art. 17(8) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 13(4)(c)