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 23 of the Gas Act

4.—(1) For the purposes of section 23(7)(b)(i) and (ii) of the Gas Act it is hereby prescribed that the percentage shall be twenty per cent.

(2) For the purposes of section 23(8) of the Gas Act it is hereby prescribed that weighted according to market share means multiplied by a factor which is—

(a) in the case of gas suppliers who are relevant licence holders and who have given notice of objection the total number of consumers contracted at the relevant time to those suppliers for the supply of gas divided by the total number of consumers contracted at the relevant time for the supply of gas to gas suppliers who are relevant licence holders;

(b) in the case of gas shippers who are relevant licence holders and who have given notice of objection the sum of the aggregated daily average of NTS input and NTS offtake of those shippers at the relevant time divided by the sum of the aggregated daily average of NTS input and NTS offtake at the relevant time of gas shippers who are relevant licence holders;

(c) in the case of gas transporters who are relevant licence holders and who have given notice of objection the total quantity of gas conveyed to the premises of consumers by those transporters during the twelve month period ending at the relevant time divided by the total quantity of gas conveyed to the premises of consumers during the twelve month period ending at the relevant time by gas transporters who are relevant licence holders;

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

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

(a) in paragraph (2)(a) 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)(b) and (c) is 06.00 hours on the day which is thirty days prior to the day on which the Authority gives a relevant notice.

(4) For the purposes of this article “a relevant notice” is a notice given by the Authority pursuant to section 23(3) of the Gas Act which makes proposals in respect of the 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.

(5) For the purposes of this article a gas shipper’s aggregated daily average NTS input and NTS offtake shall be calculated by reference to that shipper’s total NTS input and NTS offtake in the twelve month period which ends at the relevant time.