The Electricity and Gas (Carbon Emissions Reduction) Order 2008

Review of obligations by the Authority E+W+S

8.— [F1 (1) When the Authority has all suppliers’ customers numbers, notified or determined under article 5, the Authority must—

(a) review a supplier’s—

(i) carbon emissions reduction obligation;

(ii) insulation obligation; and

(iii) super priority group obligation;

and

(b) notify a supplier of any amendment to that supplier’s obligations within 14 days of the date on which the customer numbers are required to be notified under article 5(1) (“the notification date”).

(2) The review must be carried out by reference to—

(a) the mean of the total number of domestic customers supplied by suppliers on 31st December 2007 and on each anniversary of that date;

(b) supplier customer numbers;

(c) in relation to the carbon emissions reduction obligation, the overall carbon emissions reduction target;

(d) in relation to the insulation obligation, the overall insulation target;

(e) in relation to the super priority group obligation, the overall super priority group target.]

(3) Except for a new supplier, supplier customer numbers are the mean of the number of domestic customers supplied by a supplier on—

(a) 31st December prior to the commencement of the obligation period; and

(b) each 31st December subsequent to the commencement of the obligation period.

[F2 (4) For a new supplier, supplier customer numbers are the mean of—

(a) the number of domestic customers supplied by that supplier on the date on which article 4(1) applies to that supplier for the first time;

(b) zero for each of—

(i) 31st December 2007;

(ii) any subsequent 31st December which occurs before the date on which article 4(1) applies to the supplier for the first time; and

(c) the number in each case of domestic customers supplied by that supplier on each 31st December occurring during the obligation period but before the notification date.]

[F3 (5) The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period, or under paragraph (4)(c), is deemed to be zero where—

(a) in respect of any 31st December other than 31st December 2011—

(i) a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or

(ii) for any other supplier, that supplier has fewer than 50,000 domestic customers on that date;

(b) in respect of 31st December 2011—

(i) a supplier belongs to a group of companies and that group has fewer than 250,000 domestic customers on that date; or

(ii) for any other supplier, that supplier has fewer than 250,000 domestic customers on that date.]

Textual Amendments

F1 Art. 8(1)(2) substituted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 9(2)

F2 Art. 8(4) substituted (31.7.2010) by The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 (S.I. 2010/1958), arts. 1, 9(3)

F3 Art. 8(5) substituted (22.12.2011) by The Electricity and Gas (Carbon Emissions and Community Energy Saving) (Amendment) Order 2011 (S.I. 2011/3062), arts. 1, 4(2)

Commencement Information

I1 Art. 8 in force at 31.1.2008, see art. 1