The Electricity and Gas (Modification of Standard Conditions of Licences) Order 2003

Prescription of percentages and meaning of weighted according to market share for the purposes of section 11A of the Electricity Act

3.—(1) For the purposes of section 11A(6)(b)(i) and (ii) of the Electricity Act it is hereby prescribed that the percentage shall be twenty per cent.

(2) For the purposes of section 11A(7) of the Electricity Act it is hereby prescribed that weighted according to market share means multiplied by a factor which is—

(a) in the case of electricity suppliers who are relevant licence holders and who have given notice of objection the total number of metering points registered at the relevant time to those suppliers divided by the total number of metering points registered at the relevant time to electricity suppliers who are relevant licence holders;

(b) in the case of electricity distributors who are relevant licence holders and who have given notice of objection the total number of metering points registered to electricity suppliers which are at the relevant time on or connected to the distribution systems of those distributors divided by the total number of metering points registered to electricity suppliers which are at the relevant time on or connected to the distribution systems of electricity distributors who are relevant licence holders;

(c) in the case of licensed generators who are relevant licence holders and who have given notice of objection the sum of the average weekly registered capacity of those generators in each four week period in the twelve months (or such period for which the generator has been a licensed generator where this is less than twelve months) which ends at the relevant time divided by the sum of the average weekly registered capacity of all generators who are relevant licence holders in each four week period in the twelve months (or such period for which the generator has been a licensed generator where this is less than twelve months) which ends at the relevant time;

as calculated (in each case) by the Authority(1) on the basis of the information available to it.

(3) For the purposes of this article a metering point is registered to an electricity supplier where that supplier is the supplier responsible for the provision of a supply through that metering point in accordance with the provisions of a supply licence granted by the Authority under section 6(1)(d)(2) of the Electricity Act.

(4) For the purposes of this article “the relevant time”—

(a) in paragraph (2)(a) and (b) is 23.59 hours on the last day of the calendar month preceding the day on which the Authority gives a relevant notice; and

(b) in paragraph (2)(c) is 23.59 hours on the Monday preceding the last day on which representations or objections may be made with respect to the proposals in a relevant notice.

(5) For the purposes of this article “a relevant notice” is a notice given by the Authority pursuant to section 11A(3) of the Electricity Act which makes proposals in respect of conditions included or to be included in a licence of the type held by the relevant licence holder and in relation to which the Authority is making a calculation under this article.

(1)

The Authority was created by section 1(1) of the Utilities Act 2000.

(2)

Section 6 (together with sections 6A and 6B) of the Electricity Act was substituted for section 6 as originally enacted by section 30 of the Utilities Act 2000.