Draft Order laid before Parliament under section 33BC(12) of the Gas Act 1986, section 41A(12) of the Electricity Act 1989 and section 103(5) of the Utilities Act 2000 for approval by resolution of each House of Parliament.
2011 No. 0000
The Electricity and Gas (Carbon Emissions and Community Energy Saving) (Amendment) Order 2011
Made
Coming into force in accordance with article 1
The Secretary of State makes this Order in exercise of the powers conferred by section 33BC of the Gas Act 19861, section 41A of the Electricity Act 19892 and section 103 of the Utilities Act 20003.
The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Consumer Council4, electricity generators, electricity distributors, electricity suppliers, gas transporters, gas suppliers and such other persons as the Secretary of State considers appropriate.
A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 33BC(12) of the Gas Act 1986, section 41A(12) of the Electricity Act 1989 and section 103(5) of the Utilities Act 2000.
PART 1Introduction
Citation and commencement1
This Order may be cited as the Electricity and Gas (Carbon Emissions and Community Energy Saving) (Amendment) Order 2011 and comes into force on the day after the day on which this Order is made.
PART 2Amendment of the Electricity and Gas (Carbon Emissions Reduction) Order 2008
Amendment of the Electricity and Gas (Carbon Emissions Reduction) Order 20082
The Electricity and Gas (Carbon Emissions Reduction) Order 20085 is amended in accordance with the following provisions of this Part.
Amendment of article 4 (definition of supplier)3
1
Article 4 (definition of supplier) is amended as follows.
2
For paragraph (2) substitute—
2
A person must supply—
a
at least 50,000 domestic customers on 31st December of the year 2007, 2008, 2009 or 2010; or
b
at least 250,000 domestic customers on 31st December 2011.
3
For paragraph (3) substitute—
3
A company that belongs to a group of companies must supply domestic customers and—
a
on 31st December of the year 2007, 2008, 2009 or 2010 the number of domestic customers of that company and of other companies in the group must be at least 50,000; or
b
on 31st December 2011 the number of domestic customers of that company and of other companies in the group must be at least 250,000.
Amendment of article 8 (review of obligations by the Authority)4
1
Article 8 (review of obligations by the Authority) is amended as follows.
2
For paragraph (5) substitute—
5
The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period, or under paragraph (4)(c), is deemed to be zero where—
a
in respect of any 31st December other than 31st December 2011—
i
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 50,000 domestic customers on that date;
b
in respect of 31st December 2011—
i
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 250,000 domestic customers on that date.
Amendment of article 18 (transfers)5
In article 18 (transfers), in paragraph (3)(a) for “31st March 2012” substitute “31st December 2012”.
PART 3Amendment of Electricity and Gas (Community Energy Saving Programme) Order 2009
Amendment of the Electricity and Gas (Community Energy Saving Programme) Order 20096
The Electricity and Gas (Community Energy Saving Programme) Order 20096 is amended in accordance with the following provisions of this Part.
Amendment of article 5 (definition of supplier)7
1
Article 5 (definition of supplier) is amended as follows.
2
For paragraph (2) substitute—
2
A person must supply—
a
at least 50,000 domestic customers on 31st December of the year 2008, 2009 or 2010; or
b
at least 250,000 domestic customers on 31st December 2011.
3
For paragraph (3) substitute—
3
A company that belongs to a group of companies must supply domestic customers and—
a
on 31st December of the year 2008, 2009 or 2010 the number of domestic customers of that company and of other companies in the group must be at least 50,000; or
b
on 31st December 2011 the number of domestic customers of that company and of other companies in the group must be at least 250,000.
Amendment of article 13 (review of obligations by the Authority in relation to suppliers)8
1
Article 13 (review of obligations by the Authority in relation to suppliers) is amended as follows.
2
For paragraph (6) substitute—
6
The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period is deemed to be zero where—
a
in respect of any 31st December other than 31st December 2011—
i
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 50,000 domestic customers on that date;
b
in respect of 31st December 2011—
i
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on that date; or
ii
for any other supplier, that supplier has fewer than 250,000 domestic customers on that date.
3
After paragraph (6) insert—
6A
The number of domestic customers under paragraph (4)(a) is deemed to be zero where—
a
a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on 31st December 2010; or
b
for any other supplier, that supplier has fewer than 50,000 domestic customers on 31st December 2010.
6B
The number of domestic customers under paragraph (4)(d) or (5)(c) is deemed to be zero where—
a
a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on 31st December 2011; or
b
for any other supplier, that supplier has fewer than 250,000 customers on 31st December 2011.
(This note is not part of the Order)