Office of Public Sector Information
17.—(1) Not later than 16th May 2008, a supplier may apply to the Authority to credit towards its carbon emissions reduction obligation the reduction in carbon emissions achieved by excess action.
(2) Excess action means the number of actions—
(a) approved by the Authority under the 2004 Order; and
(b) which exceeded that required by the supplier to meet its energy efficiency obligation under that Order.
(3) The reduction in carbon emissions achieved by excess action must be determined in accordance with this Order.
(4) The Authority must approve the application if it is satisfied that the supplier—
(a) has met its energy efficiency obligation under the 2004 Order; and
(b) has excess action.
18.—(1) The carbon emissions reduction obligation of one supplier (“supplier A”) may be treated as achieved in whole or part by qualifying action completed by another supplier (“supplier B”) (“a supplier transfer”).
(2) A supplier transfer requires approval by the Authority.
(3) Suppliers A and B must—
(a) apply for approval in writing to the Authority by 31st March 2011; and
(b) provide to the Authority such information, including the number and type of qualifying actions in question, as the Authority may require.
(4) The Authority must not approve a supplier transfer where it has reasonable grounds to believe that, if the transfer were approved, the carbon emissions reduction obligation placed on supplier B will not be achieved.
(5) The completed qualifying action under a supplier transfer does not count towards the carbon emissions reduction obligation of supplier B.
19.—(1) A supplier must notify the Authority not later than 30th April 2011 of the number and type of qualifying actions which it has completed—
(a) in the priority group; and
(b) otherwise than in the priority group.
(2) On receipt of that notification, the Authority must determine the reduction in carbon emissions to be attributed to those actions.
(3) To determine the reduction for a standard action, the Authority must apply to that action the appropriate carbon co-efficient values set out in Schedule 3.
(4) To determine the reduction for a market transformation action, the Authority must—
(a) apply to that action the appropriate carbon co-efficient values set out in Schedule 3; and
(b) increase the reduction in carbon emissions achieved by that action by 50%.
(5) To determine the reduction for a priority group flexibility action, the Authority must do so in accordance with article 20.
(6) To determine the reduction for a demonstration action, the Authority must do so in accordance with article 21.
20.—(1) To determine the carbon emissions reduction to be attributed to a priority group flexibility action, the Authority must—
(a) apply to that action the appropriate carbon co-efficient values set out in Schedule 3; and
(b) increase the reduction in carbon emissions achieved by an action listed in paragraph (2) by the percentage given in that paragraph.
(2) The actions and percentages are—
(a) the installation of a ground source heat pump, 245%;
(b) the installation of internal solid wall insulation, 95%;
(c) the installation of external solid wall insulation, 175%.
21.—(1) The carbon emissions reduction to be attributed to a demonstration action is provided by the formula—
where x is the estimated cost of promoting and monitoring the action, which cost the Authority was satisfied was reasonable under article 12.
22.—(1) The Authority must determine whether a supplier has achieved its carbon emissions reduction obligation and notify the supplier of that determination not later than 31st July 2011.
(2) Not later than 31st July 2011 the Authority must submit to the Secretary of State a final report setting out—
(a) whether each supplier has complied with its—
(i) carbon emissions reduction obligation;
(ii) priority group obligation;
and
(b) whether the overall carbon emissions reduction target was achieved.
23. A requirement placed on a supplier under this Order is a relevant requirement for the purpose of—
(a) Part I of the Electricity Act 1989; and
(b) Part I of the Gas Act 1986.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
30th January 2008
Article 2
1. In relation to England and Wales, householder means a person who is—
(a) a freeholder;
(b) in the case of England only, a leaseholder with a term of 21 years or more unexpired at the time the specified reduction is promoted; or
(c) a tenant, including a sub-tenant, who has—
(i) a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976(10);
(ii) a statutory tenancy under the Rent Act 1977(11);
(iii) a secure tenancy under Part IV of the Housing Act 1985(12) or an introductory tenancy under Chapter I of Part V of the Housing Act 1996(13);
(iv) a licence to occupy which meets the conditions in paragraph 12(a) and (b) Schedule 1 to the Housing Act 1985(14) (almshouse licences); or
(v) an assured agricultural occupancy under Part I of the Housing Act 1988(15), at the time the action is promoted to him.
2.—(1) In relation to Scotland, householder means a person who is the owner or tenant of a dwelling.
(2) For the purposes of this paragraph—
(a) “owner” includes any person who under the Land Clauses Acts(16) would be enabled to sell and convey land to promoters of an undertaking;
(b) “tenant” includes a person who—
(i) is a service occupant;
(ii) has a licence to occupy a dwelling; or
(iii) is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993(17),and, in any case, a sub-tenant.
1976 c.80; sections 2 and 3 make provision for protected occupancy and section 4 for statutory tenancy. Section 3 has been amended by section 76(3) of the Housing Act 1980 (c.51) and section 81 of and Schedule 8 to the Civil Partnership Act 2004 (c.33), section 4 by those provisions and section 155 and paragraph 72 of Schedule 23 to the Rent Act 1977 (c.42) and sections 39 and 140 of and Schedule 4 (Part II) and Schedule 18 to the Housing Act 1988 (c.50). Section 5 was last amended by sections 128 and 137 of and Schedule 6 to the Criminal Justice and Police Act 2001 (c.16). There are other amendments to the 1976 Act not relevant to these Regulations. Back [10]
1977 c.42, as last amended by paragraph 94 of Part I of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Back [11]
1985 c.68. Back [12]
1996 c.52, as last amended by paragraphs 256 to 258 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005. Back [13]
Paragraph 12 of Schedule 1 to the Housing Act 1985 was amended by section 78(1) of and paragraph 12 of Schedule 6 to the Charities Act 1992 (c.41). Back [14]
Defined in Schedule 1 to the Interpretation Act 1978 (c.30). Back [16]
The Electricity and Gas (Carbon Emissions Reduction) Order 2008