The CRC Energy Efficiency Scheme Order 2010

CHAPTER 4 Undertakings

Groups of undertakings

23.—(1) This article applies to undertakings.

(2) For the purposes of articles 24 to 26—

(a) whether a group exists or not; and

(b) whether an undertaking is or is not a member of a group,

are matters determined on the qualification day of the qualification year, whatever applied earlier in that year.

(3) Subject to article 27, any change in the members of a group after the qualification day is to be ignored for the purposes of this Part.

Undertakings: applications by groups

24.—(1) This article applies to a group of undertakings but is subject to article 27.

(2) The group must apply for registration as a participant in respect of a phase where during the qualification year for the phase or any part of that year, it meets the qualification criteria.

Undertakings: applications by significant group undertakings

25.—(1) Paragraph (2) applies where a group (“A”) includes a significant group undertaking (“B”) and A—

(a) satisfies article 24(2) and would do so if it did not include B;

(b) is not subject to article 27; and

(c) complies with article 11 at least 3 months before the time required under article 12.

(2) Where this paragraph applies, A may in the application under article 11 request the administrator to register A and B as separate participants.

(3) Where such a request is made—

(a) the administrator must notify A and B as soon as possible whether or not it agrees to it; and

(b) if it does, B may make an application in accordance with article 11 if it does so by the time required under article 12.

(4) Where—

(a) the request is not agreed; or

(b) it is but B does not make an application or not in the time required,

the application by A under article 11 includes B as a member of A.

Undertakings: applications other than by groups

26.  Subject to article 27, an undertaking must apply for registration as a participant in respect of a phase where—

(a) it is not a member of a group; and

(b) during the qualification year for that phase or any part of that year, it meets the qualification criteria.

Changes to undertakings and groups

27.—(1) Paragraph (2) applies where—

(a) a requirement to register applies to a group or undertaking under article 24 or 26; and

(b) a change described in section 1 of Part 3 of Schedule 6 applies to that group or undertaking after the qualification day but before the group or undertaking makes an application for registration within the time provided under article 12 (“the post-qualification period”).

(2) Where this paragraph applies—

(a) a group or undertaking to which article 24 or 26 would otherwise apply must instead register as a participant as provided by section 1 of Part 3 of Schedule 6; and

(b) other undertakings affected by such change must comply with that section.

Determinations by the administrator

28.  The administrator may determine(1) whether or not—

(a) an undertaking is a member of a group;

(b) article 27(2) applies to a group or an undertaking.

(1)

Such a determination must be made in accordance with article 74(2).