2.—(1) On 1st April 2002 each supplier to which this paragraph applies shall be subject to the obligation to achieve, within the period of three years beginning on that date, and in accordance with this Order, the target determined for it by the Authority(1) under article 3(2).
(2) Paragraph (1) applies to—
(a)every electricity supplier; and
(b)every gas supplier,
which, on 31st December 2001, supplies at least 15,000 domestic consumers.
(3) Where a person—
(a)supplies both electricity and gas to domestic consumers; and
(b)in relation to both electricity and gas is a supplier to which paragraph (1) applies,
its obligation under that paragraph applies separately in relation to its functions as an electricity supplier and as a gas supplier.
(4) If a supplier of electricity or gas to which paragraph (1) does not apply supplies at least 15,000 domestic consumers on 31st December 2002 it shall, with effect from 1st April 2003, be subject to the obligation to achieve, within the period beginning on 1st April 2003 and ending immediately before 1st April 2005, and in accordance with this Order, the target determined for it by the Authority under article 3(4).
(5) If a supplier of electricity or gas to which neither paragraph (1) nor paragraph (4) applies supplies at least 15,000 domestic consumers on 31st December 2003, it shall, with effect from 1st April 2004, be subject to the obligation to achieve, within the period beginning on 1st April 2004 and ending immediately before 1st April 2005, and in accordance with this Order, the target determined for it by the Authority under article 3(4).
(6) For the purpose of ascertaining, under this article or under article 3(6), the number of domestic consumers supplied, any consumers—
(a)supplied by a holding company or subsidiary of the supplier, or
(b)supplied by any subsidiary of such a holding company,
shall be treated as supplied by the supplier.
(7) In paragraph (6) “holding company” and “subsidiary” have the same meaning as in section 736 of the Companies Act 1985(2).
I.e. the Gas and Electricity Markets Authority; see section 66(1) of the 1986 Act which was amended by the Utilities Act 2000 (c. 27), section 108 and Schedule 6 Part II, paragraphs 1 and 22; and section 111(1) of the 1989 Act, which was amended by the Utilities Act 2000, section 108 and Schedule 6 Part II, paragraphs 24 and 40.
1985 c. 6. Sections 736 and 736A were substituted for the original section 736 by section 144(1) of the Companies Act 1989 (c. 40).