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5.—(1) In relation to any scheme year, a person is a compulsory scheme electricity supplier if—
(a)that person—
(i)is a licensed electricity supplier; and
(ii)supplied electricity to domestic customers on the 31st December preceding the start of the scheme year; and
(b)one of the following conditions is satisfied.
(2) Condition 1 is that the supplier had at least 250,000 domestic customers on the 31st December preceding the start of the scheme year.
(3) Condition 2 is that—
(a)the supplier; and
(b)any licensed electricity suppliers and licensed gas suppliers which were connected to it on the 31st December preceding the start of the scheme year,
together had at least 250,000 domestic customers on that date.
(4) In relation to any scheme year, a licensed electricity supplier which is not a compulsory scheme electricity supplier is a voluntary scheme electricity supplier if the supplier gives notice to the Authority—
(a)in relation to scheme year 1, by 14 days after the commencement date;
(b)in relation to scheme years 2, 3 and 4, by 14th February preceding the start of the scheme year,
that the supplier wishes Part 3 of these Regulations to apply to it.
(5) In relation to any scheme year, a person is a scheme gas supplier if that person—
(a)is a licensed gas supplier;
(b)supplied gas to domestic customers on the 31st December preceding the start of the scheme year; and
(c)was, on the 31st December preceding the start of the scheme year, connected to a licensed electricity supplier which in the scheme year is a scheme electricity supplier.
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