(1)For the purposes of the exercise [F2of the functions of the Administrator] under either or both of—
(a)section 33BC of the 1986 Act ([F3promotion of reductions in carbon emissions:] gas transporters and suppliers) and any order made under that section, and
(b)section 41A of the 1989 Act ([F3promotion of reductions in carbon emissions:] electricity F4... distributors and suppliers) and any order made under that section,
the Secretary of State may by order specify an overall target for the promotion of [F5the measures mentioned in subsection (2) of each of those sections].
[F6(1A)The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.]
(2)Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision [F7 the target to be apportioned ] between—
(a)persons who are gas transporters or gas suppliers (for the purposes of section 33BC of the 1986 Act and any order under that section); and
(b)persons who are F8... electricity distributors or electricity suppliers (for the purposes of section 41A of the 1989 Act and any order under that section),
by reference to such criteria as may be specified in the order.
[F9(2A)Where an overall target applies in relation to a section mentioned in subsection (1) the order specifying the target may make provision for the target to be apportioned between—
(a)measures carried out in England and Wales, and
(b)measures carried out in Scotland,
by reference to such criteria as may be specified in the order.]
(3)[F10 The Administrator ] shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of [F11carbon emissions reduction targets]) in the manner it considers best calculated to result in the achievement of the overall target.
[F12(3A)Where a target is apportioned under subsection (2A) for the purposes of a section, an order under that section may include provision for a supplier to elect, subject to any conditions specified in the order—
(a)that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to England and Wales, a measure carried out in Scotland is to be treated instead as carried out in England and Wales;
(b)that, for the purposes of meeting the carbon emissions reduction target under an obligation imposed by the order in relation to Scotland, a measure carried out in England and Wales is to be treated instead as carried out in Scotland.
(3B)An order may not make provision under subsection (3A)(b) unless the Scottish Ministers have agreed to such provision being made.]
(4)Before making an order under this section the Secretary of State shall consult the Authority, [F13Citizens Advice, [F14Consumer Scotland]], gas transporters, gas suppliers, F15... electricity distributors, electricity suppliers, and such other persons as he considers appropriate.
(5)An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
Textual Amendments
F1Words in s. 103 substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(2); S.I. 2007/538, art. 2
F2Words in s. 103(1) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(2)(a)
F3Words in s. 103(1)(a)(b) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(3)(a); S.I. 2007/538, art. 2; S.I. 2007/538, art. 2
F4Word in s. 103(1)(b) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(2)(b)
F5Words in s. 103(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(3)(b); S.I. 2007/538, art. 2
F6S. 103(1A) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 6(3)
F7Words in s. 103(2) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(3)(a)
F8Words in s. 103(2)(b) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(3)(b)
F9S. 103(2A) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(3), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)
F10Words in s. 103(3) substituted (18.12.2011) by Energy Act 2011 (c. 16), s. 121(5)(a), Sch. 1 para. 8(4)
F11Words in s. 103(3) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 7(4); S.I. 2007/538, art. 2
F12S. 103(3A)(3B) inserted (1.12.2017 for specified purposes, 1.10.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 60(4), 72(4)(d); S.I. 2017/1157, regs. 3(c), 5(b)
F13Words in s. 103(4) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 8(7) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F14Words in s. 103(4) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 5(4) (with art. 5)
F15Words in s. 103(4) omitted (1.1.2013) by virtue of Energy Act 2011 (c. 16), s. 121(5)(b), Sch. 1 para. 8(5)
Commencement Information
I1S. 103 wholly in force at 1.10.2001; s. 103 not in force at Royal Assent see s. 110(2); s. 103 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)