The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014

• Citation: S.I. 2014/1131
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014 and comes into force on the day after the day on which this Order is made.

Section 2 Amendments to the Electricity and Gas (Energy Companies Obligation) Order 2012

The Electricity and Gas (Energy Companies Obligation) Order 2012 is amended as follows.

Section 3 Amendments to article 2

In article 2 (interpretation)—

(a) omit the definition of “glazing measure”;

(b) in the definition of “recommended measure”—

(i) in paragraph (a), for “a domestic energy user’s premises” substitute “the domestic premises at which the measure is to be installed”;

(ii) in paragraph (b), for “the domestic energy user’s premises” substitute “those domestic premises”; and

(c) in paragraph (a) of the definition of “solid wall insulation”, omit “to 0.30W/m 2 K or less”.

Section 4 Amendments to article 12

In article 12 (achievement of carbon emissions reduction obligation)—

(a) in paragraph (2), omit “to domestic energy users”;

(b) in paragraph (3), after “installation” insert “, at domestic premises,”;

(c) in paragraph (4)(d)—

(i) after paragraph (i), insert “and”;

(ii) omit paragraph (iii) and the word “and” that precedes it;

(d) in paragraph (5), for “a domestic energy user’s” substitute “domestic”; and

(e) in paragraph (7), omit sub-paragraph (a) and the word “and” at the end of that sub-paragraph.

Section 5 Amendments to article 13

In article 13 (achievement of carbon saving community obligation)—

(a) in paragraphs (2) and (3), omit “to domestic energy users living”;

(b) in paragraph (4), omit “domestic energy users who are”;

(c) in paragraph (5), after “installation” insert “, at domestic premises,”; and

(d) in paragraph (7), omit sub-paragraph (a) and the word “and” at the end of that sub-paragraph.

Section 6 Amendments to article 16

In article 16 (notifications of qualifying actions and adjoining installations)—

(a) in paragraphs (6) and (7), omit “Subject to paragraph (8),”; and

(b) omit paragraph (8).

Section 7 Transfers of excess actions

After article 21 (excess actions), insert—

Transfers of excess actions

(21A)

(1) Where—

(a) a supplier (“C”) has achieved an excess action (“E”); and

(b) the Administrator has approved an application made in respect of E under article 21(9),

E 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 30th April 2015;

(b) provide to the Administrator such information, including the number and type of excess actions intended to be transferred, as the Administrator may reasonably require; and

(c) indicate whether D intends E 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—

(a) in a case where D has indicated that it intends E to be credited towards a different obligation from the one notified under article 21(2)(b), if the Administrator is satisfied that E meets any applicable requirement in article 21(4)(d) or (5)(d) in respect of that different obligation; and

(b) unless it has reasonable grounds to believe that, if the transfer were approved, C would not be able to achieve its—

(i) total carbon emissions reduction obligation;

(ii) total carbon saving community obligation; or

(iii) total home heating cost reduction 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, E is treated as achieved by D and not C.

Section 8 Amendment to article 22

For paragraph (3)(a) of article 22 (final determination and reporting), substitute—

(a) if it is satisfied, as applicable, that—

(i) Q is a qualifying action in respect of that different obligation; or

(ii) E meets any applicable requirement in article 21(4)(d) or (5)(d) in respect of that different obligation;

Section 9 Amendments to Schedule 1

(1) In paragraph 1 of Schedule 1 (affordable warmth eligibility)—

(a) in sub-paragraphs (b)(ii), (c)(i), (d)(i) and (f)(i), for “has parental responsibility” substitute “is responsible”;

(b) at the end of sub-paragraph (e), omit “or”;

(c) in sub-paragraph (f)(ii), for “disabled worker element” substitute “disability”; and

(d) after sub-paragraph (f)(iii), insert—

; or

(g) universal credit and the condition as to earned income in paragraph 3 is met and—

(i) is responsible for a child or qualifying young person as determined under regulation 4 of the Universal Credit Regulations 2013 ; or

(ii) has limited capability for work, or limited capability for work and work-related activity, as determined under Part 5 of the Universal Credit Regulations 2013; or

(iii) is in receipt of a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ; or

(iv) is in receipt of a personal independence payment under Part 4 of the Welfare Reform Act 2012 .

(2) In paragraph 2 of Schedule 1 (affordable warmth eligibility)—

(a) for sub-paragraph (a)(ii) substitute—

(ii) is—

(aa) 16 or over but under the age of 20; and

(bb) in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996 ) or approved training (as defined in regulation 2 of the Child Tax Credit Regulations 2002 );

(b) for sub-paragraph (c) substitute—

(c) whether a person is responsible for a qualifying child is to be determined in accordance with regulation 3 of the Child Tax Credit Regulations 2002.

(3) After paragraph 2 of Schedule 1 (affordable warmth eligibility), insert—

(3)

(1) Where the award of universal credit is—

(a) to a single claimant, the condition as to earned income is that, in any of the twelve preceding assessment periods, the claimant has received earned income which does not exceed £1,167; or

(b) to joint claimants, the condition as to earned income is that, in any of the twelve preceding assessment periods, the combined earned income received by the claimants does not exceed £1,167.

(2) In this paragraph—

(a) “assessment period”;

(b) “earned income”;

(c) “joint claimants”; and

(d) “single claimant”,

are to be interpreted in accordance with the Welfare Reform Act 2012 and any subordinate legislation made under that Act.