The Electricity and Gas (Energy Company Obligation) Order 2014

Transfers of surplus actions

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 30th April 2017;

(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.

(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

(b) in a case where sub-paragraph (a) applies, the Administrator is not satisfied that S meets the applicable requirement in article 27(3)(c) in respect of that different 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.