Transfers of surplus actionsE+W+S
30.—(1) Where—
(a)a supplier (“C”) has achieved a surplus action (“S”); and
(b)the Administrator has approved an application made in respect of S under article 27(5),
S may be regarded as achieved by another supplier (“D”) (“a transfer”) if that transfer is approved by the Administrator in accordance with this article.
(2) C and D must—
(a)apply for approval in writing to the Administrator by no later than [F131st December 2018] ;
(b)provide to the Administrator such information as the Administrator may reasonably require; and
(c)indicate whether D intends S to be credited towards D's—
(i)total carbon emissions reduction obligation;
(ii)total carbon saving community obligation; or
(iii)total home heating cost reduction obligation.
[F2(3) The Administrator must approve a transfer unless—
(a)D has indicated that it intends S to be credited towards a different obligation to the one it is credited against at the time the application is made and the Administrator is not satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different obligation;
(b)the application is made on or after 1st July 2017 and S is credited against C’s total carbon saving community obligation at the time the application is made; or
(c)the application is made on or after 1st July 2017 and D has indicated that it intends S to be credited towards D’s total carbon saving community obligation.]
(4) If the Administrator decides not to approve a transfer under paragraph (3) it must notify C and D of the reasons for that decision.
(5) If a transfer is approved, S is treated as achieved by D and not C.
Textual Amendments
F1Words in art. 30(2)(a) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 22(1)
F2Art. 30(3) substituted (29.3.2017) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017 (S.I. 2017/490), arts. 1(1), 22(2)