The CRC Energy Efficiency Scheme Order 2010

Significant group undertakings transferring to another participant

12.—(1) Sub-paragraphs (2) to (5) apply where the following change occurs—

(a) a participant (“G”) consists of a group;

(b) a significant group undertaking (“H”) which was a member of G becomes a significant group undertaking as a member of another participant (“J”).

(2) In respect of the change—

(a) G and J must notify the administrator of the change and when it occurred;

(b) in the notification of J, J must inform the administrator whether or not J requests that H may apply for registration as a separate participant; and

(c) if such a request is made, H may make an application to be a participant and if it does, must do so in accordance with article 11.

(3) Where H is registered as a participant separate from J, H must comply with Part 4 as if H had been a participant for the whole of the year in which the change occurs.

(4) Where H is not registered as a separate participant, H is treated as if it was a significant group undertaking as a member of J for the whole of the year in which the change occurs.

(5) Where the change occurs in an annual reporting year and—

(a) G has a residual measurement list, G must amend its residual measurement list to exclude any residual supplies of H;

(b) subject to sub-paragraph (6), where H is not registered as a separate participant and—

(i) where—

(aa) J does not have a residual measurement list; and

(bb) G has a residual measurement list including residual supplies of H,

J must compile a residual measurement list from those residual supplies of H;

(ii) where J has a residual measurement list, J must amend its list to include the residual supplies of H.

(6) Sub-paragraph (5)(b) does not apply where—

(a) H is not registered as a separate participant; and

(b) G has a group CCA exemption or had a member CCA exemption in respect of H.

(7) Where G has a group CCA exemption or had a member CCA exemption in respect of H, J has a member CCA exemption in respect of H.