The Electricity and Gas (Energy Efficiency Obligations) Order 2001

Enforcement of energy efficiency obligations

12.—(1) The requirement imposed on a supplier under paragraph (1), (4) or (5) of article 2 to achieve its energy efficiency obligation shall be treated as a relevant requirement—

(a) where the supplier is an electricity supplier, for the purposes of Part II of the 1989 Act;

(b) where the supplier is a gas supplier, for the purposes of Part II of the 1986 Act;

(c) where the supplier is both an electricity supplier and a gas supplier, for both of those purposes.

(2) In determining whether a supplier has failed to comply with relevant requirements, regard shall be had, in particular—

(a) to any alteration of its target under article 4; and

(b) to the terms of any agreement under article 11,

relevant to the period in question for the purposes of Part II of the 1986 Act or Part II of the 1989 Act or, as the case may be, both of those purposes.