The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2019

Substitution of article 18 (installation standards, warranties and consumer protection)

7.  For article 18, substitute—

“Installation standards, warranties and consumer protection

18.— (1) Where the installation of a measure is completed before 1st July 2021, that measure meets the requirements of this article if—

(a) the measure is installed in accordance with paragraph (2);

(b) subject to paragraph (3)—

(i) the measure is installed by, or under the responsibility of, a person who is registered with TrustMark for the purposes of that measure; and

(ii) a certificate of lodgement is issued by the operator of TrustMark in respect of the measure;

(c) in the case of the installation of a district heating connection, the measure meets one of the conditions in paragraph (4);

(d) in the case of the installation of a boiler—

(i) in the case of a repair, the measure is accompanied by a warranty for at least two years;

(ii) in any other case, the measure is accompanied by a warranty that meets the requirements set out in Schedule 3; and

(e) in the case of the installation of an electric storage heater, the measure is accompanied by a warranty for at least two years.

(2) A measure is installed in accordance with this paragraph if the measure—

(a) is referred to in PAS 2030:2017 and is installed in accordance with PAS 2030:2017 by, or under the responsibility of, a PAS 2030:2017 certified installer;

(b) is referred to in PAS 2030:2019 and is installed in accordance with PAS 2030:2019 and PAS 2035:2019 by, or under the responsibility of, a PAS 2030:2019 certified installer;

(c) is not referred to in PAS 2030:2017 and is installed by a person of appropriate skill and experience; or

(d) is not referred to in PAS 2030:2019 and is installed by a person of appropriate skill and experience.

(3) Paragraph (1)(b) does not apply where the measure—

(a) is a demonstration action;

(b) is a district heating connection which falls within paragraph (4)(a) or (b); or

(c) is subject to arrangements for quality assurance and consumer protection, including arrangements for repairs and other remedies, which are equivalent to the requirements under TrustMark.

(4) The installation of a district heating connection meets one of the conditions in this paragraph if—

(a) it is a connection to a district heating system registered with the Heat Trust Scheme;

(b) it is subject to arrangements for consumer protection which are equivalent to the requirements under the Heat Trust Scheme; or

(c) it includes the installation of a ground source heat pump at the domestic premises.

(5) Where the installation of a measure is completed on or after 1st July 2021, that measure meets the requirements of this article if—

(a) in the case of a measure which—

(i) is a demonstration action;

(ii) is a district heating connection which falls within paragraph (4)(a) or (b); or

(iii) is subject to arrangements for quality assurance and consumer protection, including arrangements for repairs and other remedies, which are equivalent to the requirements under TrustMark,

the measure is installed in accordance with paragraph (6);

(b) in the case of a measure which does not fall within sub-paragraph (a)(i) to (iii)—

(i) the measure is installed by, or under the responsibility of, a person who is registered with TrustMark for the purposes of that measure; and

(ii) a certificate of lodgement is issued by the operator of TrustMark in respect of the measure;

(c) in the case of the installation of a district heating connection, the measure meets one of the conditions in paragraph (4); and

(d) in the case of the installation of a boiler which is not a repair, the measure is accompanied by a warranty that meets the requirements set out in Schedule 3.

(6) A measure is installed in accordance with this paragraph if the measure—

(a) is referred to in PAS 2030:2019 and is installed in accordance with PAS 2030:2019 and PAS 2035:2019 by, or under the responsibility of, a PAS 2030:2019 certified installer; or

(b) is not referred to in PAS 2030:2019 and is installed by a person of appropriate skill and experience.

(7) In this article—

“certificate of lodgement” means a document entitled “TrustMark Certificate of Lodgement” which sets out the address at which a measure has been installed and the type of measure;

“ground source heat pump” means equipment which generates heat—

(a)

using the heat energy provided by a shared ground loop; or

(b)

by absorbing energy stored in the form of heat in the ground, including water in the ground, or in surface water;

“Heat Trust Scheme” means the scheme operated by Heat Customer Protection Ltd, a company registered in England and Wales with company number 09456667;

“PAS 2030:2017” means Publicly Available Specification 2030:2017(1);

“PAS 2030:2017 certified installer” means, in relation to a measure, a person who is certified, by a certification body or organisation accredited to EN ISO/IEC 17065:2012, as compliant with those parts of PAS 2030:2017 that apply to the measure;

“shared ground loop” means equipment which—

(a)

absorbs energy stored in the form of heat in the ground, including water in the ground, or in surface water; and

(b)

provides heat energy through a hydraulic connection to two or more ground source heat pumps;

“TrustMark” means the scheme of that name operated by TrustMark (2005) Limited, a company registered in England and Wales with company number 05480144.”.

(1)

ISBN 978 0 580 82569 9. This specification for the installation of energy efficiency measures in existing buildings was published by the British Standards Institution on 31st January 2017.