The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017

New article 16A (conditions to be met for heating qualifying actions completed after 31st March 2017)

12.  After article 16 insert—

“Conditions to be met for heating qualifying actions completed after 31st March 2017

16A.— (1) This article applies for the purpose of the definition of “heating qualifying action” in article 16(3).

(2) A measure meets the condition in this paragraph if the measure is installed at private domestic premises which are occupied by a member of the help to heat group.

(3) A measure meets the condition in this paragraph if—

(a) the measure is installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of a heating qualifying action at the premises; and

(c) on or after publication of its statement of intent, the local authority has—

(i) made a statement in writing that, in the opinion of the local authority, the premises are occupied by a household living in fuel poverty; or

(ii) made a statement in writing that, in the opinion of the local authority, the premises are occupied by a household living on a low income and vulnerable to the effects of living in a cold home.

(4) A measure meets the condition in this paragraph if—

(a) it is solid wall insulation installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of the solid wall insulation at the premises;

(c) the local authority has made a statement in writing that—

(i) the premises are situated in a semi-detached house, a semi-detached bungalow or a building containing no more than two domestic premises; and

(ii) to the best of the local authority’s knowledge and belief, both houses or bungalows in the pair of semi-detached properties or both premises in the building referred to in paragraph (i) are private domestic premises; and

(d) on or after publication of its statement of intent, the local authority has—

(i) made a statement in writing that, in the opinion of the local authority, at least one of the premises in the pair of semi-detached properties or in the building referred to in sub-paragraph (c)(i) is occupied by a household living in fuel poverty; or

(ii) made a statement in writing that, in the opinion of the local authority, at least one of the premises in the pair of semi-detached properties or in the building referred to in sub-paragraph (c)(i) is occupied by a household living on a low income and vulnerable to the effects of living in a cold home.

(5) A measure meets the condition in this paragraph if—

(a) it is solid wall insulation installed at private domestic premises;

(b) a local authority has published a statement of intent and been consulted on the installation of the solid wall insulation at the premises;

(c) the premises are included in a list of premises which—

(i) has been created by the local authority on or after publication of its statement of intent;

(ii) identifies any premises on the list which in the opinion of the local authority are occupied by a household living in fuel poverty; and

(iii) identifies any other premises on the list which in the opinion of the local authority are occupied by a household living on a low income and vulnerable to the effects of living in a cold home; and

(d) the local authority has made a statement in writing that—

(i) to the best of the local authority’s knowledge and belief, all of the premises included in the list referred to in sub-paragraph (c) are private domestic premises;

(ii) all of the premises included in that list are situated in the same building, in immediately adjacent buildings or in the same terrace; and

(iii) in the opinion of the local authority, at least 66% of the premises included in that list are occupied by households living in fuel poverty or by households living on a low income and vulnerable to the effects of living in a cold home.

(6) A measure meets the condition in this paragraph if—

(a) the measure is installed at E, F or G social housing; and

(b) the measure is—

(i) installed to improve the insulating properties of domestic premises;

(ii) the installation of a central heating system or a renewable heating measure in domestic premises which at no point prior to the installation were heated by a central heating system, a district heating system or an electric storage heater; or

(iii) a relevant district heating connection to domestic premises which at no point prior to the connection were heated by a central heating system, a district heating system or an electric storage heater.

(7) In this article—

“central heating system” means a system which provides heat for the purpose of space heating through a boiler or other heat source connected to one or more separate heat emitters;

“E, F or G social housing” means domestic premises described in Schedule 4A;

“help to heat group” means a group of persons where each person in the group is awarded at least one of the benefits set out in paragraph 1 of Schedule 4B and meets any condition in relation to that benefit which is specified in that Schedule;

“local authority” means—

(a)

a county council;

(b)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009(1);

(c)

a district council;

(d)

a London Borough Council;

(e)

the Common Council of the City of London;

(f)

the Council of the Isles of Scilly;

(g)

a county borough council;

(h)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“private domestic premises” means domestic premises other than premises described in Part 2 of Schedule 4;

“renewable heating measure” means a measure for the generation of heat by means of a source of energy or technology mentioned in section 100(4) of the Energy Act 2008(3); and

“statement of intent” means a description of how the local authority intends to identify households that may benefit from the installation of a heating qualifying action and are living—

(a)

in fuel poverty; or

(b)

on a low income and are vulnerable to the effects of living in a cold home.”.

(1)

2009 c.20. Section 103 was amended by sections 12(2) and 14(2) of the Cities and Local Government Devolution Act 2016 (c.1).

(2)

1994 c.39. Section 2 was amended by paragraph 232 of Schedule 22 to the Environment Act 1995 (c.25).

(3)

2008 c.32. Section 100(4) was amended by S.I. 2011/2195.