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The Electricity and Gas (Energy Company Obligation) Order 2022

Type Statutory-Instrument

Publication 2022-07-26

Last updated 2026-03-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5) For the purpose of paragraph (3)(a), the Administrator must determine, in accordance with article 69, whether the participant’s heating repair allowance or heating replacement allowance is exhausted.

(6) Where the determined cost savings for the qualifying action is at least £140, the partial project score for the qualifying action is the result of the following formula—

(KM x C + IM + BFR) x D.

(7) Where the determined cost savings for the qualifying action is £0, the partial project score for the qualifying action is £0.

Partial project score for repairs and replacements of certain electric storage heaters

68

(1) This article applies for the purpose of calculating the partial project score to be given to a qualifying action which—

(a) is part of an ECO4 project that does not meet the requirements of article 49; and

(b) is—

(i) the repair of an efficient electric storage heater; or

(ii) the replacement of an efficient electric storage heater with another efficient electric storage heater.

(2) The Administrator must determine the amount of annual cost savings for the qualifying action in accordance with paragraph (3).

(3) The amount of annual cost savings for the qualifying action is—

(a) £0, where—

(i) the participant’s heating repair allowance is exhausted, and the qualifying action is the repair of an efficient electric storage heater; or

(ii) the participant’s heating replacement allowance is exhausted, and the qualifying action is the replacement of an efficient electric storage heater with another efficient electric storage heater;

(b) £40 x (1 + F), in any other case.

(4) For the purpose of paragraph (3)(a), the Administrator must determine, in accordance with article 69, whether the participant’s heating repair allowance or heating replacement allowance is exhausted.

(5) Where the determined cost savings for the qualifying action is at least £40, the partial project score for the qualifying action is the result of the following formula—

(KM x C + IM + BFR) x D.

(6) Where the determined cost savings for the qualifying action is £0, the partial project score for the qualifying action is £0.

Determination whether the heating repair or heating replacement allowance is exhausted

69

(1) This article applies for the purposes of articles 67 and 68.

(2) A participant’s heating repair allowance is exhausted unless X is less than the participant’s heating repair allowance, where “X” is the sum of—

(a) the number of ECO4 projects promoted by the participant—

(i) which include a capped heating repair measure; and

(ii) for which the Administrator has given a positive score under article 47(1)(b) before the qualifying action in question;

(b) the number of ECO4 projects promoted by the participant which include a qualifying action—

(i) which is a capped heating repair measure; and

(ii) for which the Administrator has given a positive score under article 47(1)(c)(i) before the qualifying action in question;

(i) which are capped heating repair measures; and

(ii) for which the Administrator has given a positive score under article 47(1)(c)(iii) before the qualifying action in question.

(3) A participant’s heating replacement allowance is exhausted unless Y is less than the participant’s heating replacement allowance, where “Y” is the sum of—

(a) the number of ECO4 projects promoted by the participant—

(i) which include a capped heating replacement measure; and

(ii) for which the Administrator has given a positive score under article 47(1)(b) before the qualifying action in question;

(b) the number of ECO4 projects promoted by the participant which include a qualifying action—

(i) which is a capped heating replacement measure; and

(ii) for which the Administrator has given a positive score under article 47(1)(c)(i) before the qualifying action in question;

(i) which are capped heating replacement measures; and

(ii) for which the Administrator has given a positive score under article 47(1)(c)(iii) before the qualifying action in question.

Partial project score for district heating connections

70

(1) This article applies for the purpose of calculating the partial project score to be given to a qualifying action which—

(a) is part of an ECO4 project that does not meet the requirements of article 49;

(b) is a district heating connection;

(d) is not a repair.

(2) Where this article applies, the score is calculated in accordance with the following formula—

(KM x (C + OGR) + BFR) x D.

(3) For the purpose of determining the annual cost savings achieved by a district heating connection (“the relevant connection”), a participant may apply to the Administrator in writing for approval of a methodology other than the Standard Assessment Procedure or the Reduced Data Standard Assessment Procedure (an “alternative methodology”).

(4) An application under paragraph (3) must be made—

(a) in the case of a district heating connection installed before the commencement date, before the measure is notified to the Administrator under article 43;

(b) in any other case, before the relevant connection is installed.

(5) The Administrator may approve an alternative methodology if—

(a) it is satisfied that—

(i) neither the Standard Assessment Procedure nor the Reduced Data Standard Assessment Procedure contain an appropriate methodology for determining the annual cost savings achieved by the relevant connection; and

(ii) the alternative methodology is an appropriate methodology for determining the annual cost savings achieved by the relevant connection; or

(b) the alternative methodology is published by, or on behalf of, the Secretary of State as a replacement for the Standard Assessment Procedure or the Reduced Data Standard Assessment Procedure.

(6) In this article, “the Standard Assessment Procedure” means—

(a) SAP2012, and

(b) SAP10.2.

Partial project score for data light measures and standard alternative methodology measures

71

(1) This article applies for the purpose of calculating the partial project score to be given to a qualifying action which—

(a) is part of an ECO4 project that does not meet the requirements of article 49;

(b) is either—

(i) a data light measure; or

(ii) a standard alternative methodology measure; and

(i) the replacement of an efficient boiler with another efficient boiler; or

(ii) the replacement of an efficient heating system with another efficient heating system of the same kind.

(2) Where the qualifying action to which this article applies is a standard alternative methodology measure, the partial project score is calculated in accordance with the following formula—

(KM x (C + OGR) + IM + BFR) x D.

(3) Where the qualifying action to which this article applies is a data light measure which is within the participant’s data light measure allowance, the partial project score is calculated in accordance with the formula in paragraph (2).

(4) Where the qualifying action to which this article applies is a data light measure which is not within the participant’s data light measure allowance, the partial project score is £0.

(5) For the purposes of this article, a data light measure is only within a participant’s data light measure allowance if X is less than the participant’s total data light measure allowance, where “X” is the sum of—

(a) the number of data light measures which are—

(i) qualifying actions forming part of an ECO4 project promoted by the participant for which the Administrator has given a positive score under article 47(1)(b) before the data light measure in question; and

(ii) of the same data light measure description as the data light measure in question;

(b) the number of data light measures which are—

(i) qualifying actions promoted by the participant for which the Administrator has given a positive score under article 47(1)(c)(i) or (ii) before the data light measure in question; and

(ii) of the same data light measure description as the data light measure in question.

Partial project score for other qualifying actions in an ECO4 project

72

(1) This article applies for the purpose of calculating the partial project score to be given to a qualifying action which—

(a) is part of an ECO4 project that does not meet the requirements of article 49; and

(b) is not a qualifying action to which one of articles 67 to 71 applies.

(2) Where this article applies, the partial project score is calculated in accordance with the following formula—

(KM x (C + OGR) + IM + BFR) x D.

Partial project scores: innovation measure uplift

73

(1) This article applies for the purpose of determining the value of “IM” in the formulae in this Chapter for calculating the partial project score to be given to a qualifying action.

(2) Where the qualifying action is an innovation measure, the Administrator must—

(a) determine, in accordance with paragraph (4), whether the participant’s general innovation allowance is exhausted; and

(b) if the participant’s general innovation allowance is not exhausted, determine, in accordance with paragraph (5), whether the qualifying action is an uplift eligible innovation measure.

(3) “IM” is—

(a) £0, where—

(i) the qualifying action is not an innovation measure;

(ii) the participant’s general innovation allowance is exhausted; or

(iii) the qualifying action is not an uplift eligible innovation measure;

(b) in any other case, the amount calculated as the innovation measure uplift for the innovation measure (see article 58(4)).

(4) Article 59 (determination whether general innovation allowance is exhausted) applies for the purposes of this article as it applies for the purposes of article 58, except that in article 59, for references to “the ECO4 project in question” substitute “the qualifying action in question”.

(5) Article 60 (determination whether a measure is an uplift eligible innovation measure) applies for the purposes of this article as it applies for the purposes of articles 58 and 59.

Partial project scores: building fabric repair increase

74

(1) This article applies for the purpose of determining the amount of the building fabric repair increase (“BFR”) in the formulae in this Chapter for calculating the partial project score to be given to a qualifying action.

(2) For the purposes of this article, the Administrator must—

(a) determine the amount of building fabric repair expenditure in connection with the qualifying action in accordance with paragraphs (3) and (4); and

(b) if the amount of building fabric repair expenditure in connection with the qualifying action is £50 or more, determine, in accordance with paragraph (7), whether the participant’s building fabric repair allowance is exhausted.

(3) Where the qualifying action is—

(a) the only qualifying action in the ECO4 project; or

(b) the final qualifying action in the project to have been completed,

the amount of building fabric repair expenditure in connection with the qualifying action is the amount determined in connection with the ECO4 project in accordance with article 62.

(4) Where the qualifying action is not—

(a) the only qualifying action in the ECO4 project; or

(b) the final qualifying action in the project to have been completed,

the amount of building fabric repair expenditure in connection with the qualifying action is £0.

(5) The building fabric repair increase (“BFR”) is—

(a) £0, where—

(i) the amount of building fabric repair expenditure in connection with the qualifying action is less than £50; or

(ii) where the participant’s building fabric repair allowance is exhausted;

(b) in any other case, the amount calculated in accordance with the following formula—

Q / £17.83.

(6) In paragraph (5)(b), “Q” has the same meaning as in article 61(4).

(7) Article 63 (determination whether building fabric repair allowance is exhausted) applies for the purposes of this article as it applies for the purposes of article 61, except that in article 63, for references to “the ECO4 project in question” substitute “the qualifying action in question”.

Publication of annual cost savings methodology: data light measures and standard alternative methodology measures

75

(1) The Administrator must publish, on its website, a methodology for the purpose of determining the annual cost savings of each data light measure and each standard alternative methodology measure.

(2) Under the methodology published by the Administrator—

(a) the initial determination of the annual cost savings must be based on—

(i) the pre-project SAP rating; and

(ii) the methodology stated in accordance with article 38(2)(a)(iii) in the application for the data light measure or standard alternative methodology measure that was approved by the Administrator in accordance with article 39 or 40;

(b) the result of the initial determination referred to in sub-paragraph (a) must be reduced by 10% in order to calculate the adjusted cost savings; and

AKM + (IKM x F).

(3) In paragraph (2)(c)—

“AKM” is the adjusted cost savings calculated in accordance with paragraph (2)(b);

“IKM” is the initial determination of the annual cost savings referred to in paragraph (2)(a).

Publication of annual cost savings methodology: other qualifying actions

76

(1) The Administrator must publish, on its website, a methodology for the purpose of determining the annual cost savings of a qualifying action other than a data light measure, a standard alternative methodology measure, a basic heating repair or replacement measure or a qualifying action referred to in article 68(1)(b).

(2) Under the methodology published by the Administrator—

(a) the initial determination of the annual cost savings must—

(i) be based on—

(aa) the pre-project SAP rating; and

(bb) the impact the qualifying action would have on the SAP rating of the domestic premises; and

(ii) where the qualifying action is the installation of cavity wall insulation or loft insulation, which forms part of an ECO4 project which includes an item of work—

(aa) to which article 62(2) applies; and

(bb) which is the extraction of cavity wall insulation or loft insulation,

take into account any impact that work would have on the SAP rating of the domestic premises as compared to the pre-project SAP rating;

(b) the result of the initial determination referred to in sub-paragraph (a) must be reduced by 10 % in order to calculate the adjusted cost savings; and

AKM + (IKM x F).

(3) In paragraph (2)(c)—

“AKM” is the adjusted cost savings calculated in accordance with paragraph (2)(b);

“IKM” is the initial determination of the annual cost savings referred to in paragraph (2)(a).

(4) Before publishing a methodology under this article, the Administrator must have regard to the Standard Assessment Procedure and the Reduced Data Standard Assessment Procedure.

(5) On or after 31 July 2025, the Administrator may revise any methodology published under this article and must publish the revised methodology on its website.

(6) Any revised methodology published under this article by the Administrator for the purpose of determining the annual cost savings of a qualifying action pursuant to SAP10.2 is applicable only to measures that are completed on or after the date the methodology has been published.

CHAPTER 5 — In-fill measures

Score for in-fill measures

77

(1) This article applies for the purpose of calculating the score to be given to a qualifying action which is an in-fill measure.

(2) Where this article applies, the score is—

(a) £0, where the in-fill measure is a data light measure which is not within the participant’s data light measure allowance;

(b) in any other case, calculated in accordance with the following formula—

KM x (1 + OGR) + IM.

(3) In paragraph (2)(b), “KM”, “IM” and “OGR” have the same meanings as in Chapter 4 (see article 66).

(4) Article 71(5) applies for the purposes of this article as it applies for the purposes of that article (determination whether data light measure is within participant’s data light measure allowance).

CHAPTER 6 — Surplus actions and ECO3 interim delivery actions

Score for surplus action and ECO3 interim delivery actions

78

(1) This article applies for the purpose of calculating the score to be given to a qualifying action which is—

(a) a surplus action; or

(b) an ECO3 interim delivery action.

(2) Where this article applies, the score is equal to the annual cost savings of the qualifying action which are calculated in accordance with the following formula[^f00065]—

E x £0.31 / £17.83.

(3) In paragraph (2), “E” is the ECO3 cost savings for the qualifying action.

PART 11 — Exemptions

Exemptions

79

(1) This article applies for the purposes of the following provisions—

(a) article 24(4) (minimum insulation requirement for certain band D premises);

(b) article 25(4) (minimum insulation requirement for band E, F and G and other band D premises);

(d) article 50(3)(b) (ECO4 projects: minimum requirement for energy efficiency improvement).

(2) A measure attracts an exemption under this Part if its installation—

(a) is prevented due to—

(i) the location of the domestic premises in a conservation area; or

(ii) the impact that such installation would have on a listed building or protected species;

(b) would otherwise be unlawful; or

(i) local environmental conditions;

(ii) the fabric or structure of the premises; or

(iii) physical restrictions on access to the premises.

(3) In this article—

“conservation area” has the meaning given by—in the case of premises in England ..., section 91(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00066]; in the case of premises in Wales, section 210 of the Historic Environment (Wales) Act 2023; in the case of premises in Scotland, section 81(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997[^f00067];

“listed building” has the meaning given by—in the case of premises in England ..., section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00068]; in the case of premises in Wales, section 76 of the Historic Environment (Wales) Act 2023; in the case of premises in Scotland, section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997[^f00069];

“protected species” means the species—listed in Schedules 1 and 5 to the Wildlife and Countryside Act 1981[^f00070]; ordefined as a European protected species in—in the case of premises in England and Wales, regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017[^f00071];in the case of premises in Scotland, regulations 38 and 42 of the Conservation (Natural Habitats, &c) Regulations 1994[^f00072].

PART 12 — Transfers

Transfer of measures

80

(1) A relevant supplier may apply to the Administrator with another relevant supplier for one or more measures which are promoted by the relevant supplier (“A”) to be treated as promoted by the other relevant supplier (“B”) (a “proposed transfer”).

(2) An application under paragraph (1) must—

(a) be made by A and B, in writing, on or before 31st March 2027;

(b) be made in respect only of measures which—

(i) have been notified to the Administrator in accordance with article 43(a) to (cb); or

(ii) are surplus actions;

(c) if the application is made in respect of a measure which is part of an ECO4 project, be made in respect of all the measures which are part of that project;

(d) if the application is made in respect of an in-fill measure or a primary measure with which an in-fill measure is linked, be made in respect of—

(i) the in-fill measure;

(ii) all of the primary measures with which the in-fill measure is linked; and

(iii) any other measures which are part of the same ECO4 project as any of the primary measures referred to in paragraph (ii); and

(e) include such information relating to the proposed transfer as the Administrator may require.

(3) The Administrator must reject the application if—

(a) the requirements in paragraph (2) are not met; or

(b) where A and B are not members of the same group, the Administrator considers that, if the application were approved, there is a significant risk that A would be unable to achieve its total home-heating cost reduction obligation, total solid wall minimum requirement or total EFG minimum requirement.

(4) If the Administrator decides to reject the application it must in writing—

(a) notify A of any reasons for that decision relating to A; and

(b) notify B of any reasons for that decision relating to B.

(5) If the Administrator approves the application—

(a) except for the purposes of articles 20(1)(b), 21(2)(b), 43(a) and 45(4), the following are treated as promoted by B and not A for the purposes of this Order—

(i) each measure in respect of which the application was made; and

(ii) if a measure referred to in paragraph (i) is part of an ECO4 project, the project and any item of work to which article 62(2) applies in relation to the project; and

(b) the Administrator must notify A and B in writing of the date on which the application was approved.

(6) For the purposes of this article—

“primary measure” has the same meaning as in—article 22(1), in relation to a flat in-fill measure;article 23(1), in relation to a house in-fill measure;

“relevant supplier” means—a participant; ora licence-holder on whom a home-heating cost reduction obligation was imposed under the 2018 Order.

Transfer of obligations

81

(1) A participant may apply to the Administrator with another participant for all or part of its total home-heating cost reduction obligation, total solid wall minimum requirement or total EFG minimum requirement to be transferred from the participant (“A”) to the other participant (“B”) (a “proposed transfer”).

(2) An application under paragraph (1) must—

(a) be made by A and B, in writing, on or before 30th September 2025;

(b) state in respect of which one of the following the application is being made (the “relevant obligation”)—

(i) a total home-heating cost reduction obligation;

(ii) a total solid wall minimum requirement; or

(iii) a total EFG minimum requirement;

(d) include such other information relating to the proposed transfer as the Administrator may require.

(3) The Administrator must reject the application if—

(a) the requirements in paragraph (2) are not met;

(b) the proposed transfer amount exceeds A’s relevant obligation;

(c) having regard to section 30O of the Gas Act 1986[^f00073] and section 27O of the Electricity Act 1989[^f00074] (maximum amount of penalty or compensation), the Administrator considers that, if the application were approved, there is a significant risk that it would adversely affect the Administrator’s ability to enforce the requirements placed on B under this Order; or

(d) where A and B are not members of the same group, the Administrator considers that, if the application were approved, there is a significant risk that B would be unable to achieve its total home-heating cost reduction obligation, total solid wall minimum requirement or total EFG minimum requirement.

(4) If the Administrator decides to reject the application, it must in writing—

(a) notify A of any reasons for that decision relating to A; and

(b) notify B of any reasons for that decision relating to B.

(5) If the Administrator approves the application—

(a) for the purposes of this Order, A’s relevant obligation is treated as reduced by the proposed transfer amount, and the Administrator must notify A in writing of—

(i) its reduced relevant obligation; and

(ii) the date on which the application was approved; and

(b) for the purposes of this Order, B’s relevant obligation is treated as increased by the proposed transfer amount, and the Administrator must notify B in writing of—

(i) its increased relevant obligation; and

(ii) the date on which the application was approved.

PART 13 — Information and Enforcement

Final determination and reporting

82

(1) The Administrator must determine whether a participant has—

(a) achieved its total home-heating cost reduction obligation;

(b) met its total solid wall minimum requirement; and

(2) The Administrator must notify the participant in writing of its determination under paragraph (1) before 1st July 2027.

(3) The Administrator must submit to the Secretary of State a report each month setting out the progress which participants have made towards achieving their total home-heating cost reduction obligation.

(4) The Administrator must submit—

(a) its first report under paragraph (3) in the month following the month in which the commencement date occurs; and

(b) its final report under paragraph (3) in January 2027.

(5) Before 1st July 2027, the Administrator must submit to the Secretary of State a report setting out whether participants achieved the overall home-heating cost reduction target.

Information from participants

83

The Administrator may require a participant—

(a) to provide it with such information, or information of such nature, as it may specify—

(i) about the participant’s proposals for complying with any requirement under this Order; or

(ii) relating to the cost to the participant of achieving its total home-heating cost reduction obligation; and

(b) to produce to it evidence, of such kind as it may specify, demonstrating that the participant is complying with, or has complied with, any requirement under this Order.

Declaration verification service

84

(1) The Administrator must—

(a) provide a means by which a relevant authority may provide it with information about a declaration they have made under any one of articles 17 to 19 or 21(1);

(b) maintain a record of that information; and

(c) following a request by a participant which is accompanied by a copy of a declaration purporting to be made by a relevant authority under any one of articles 17 to 19 or 21(1) (“the purported declaration”)—

(i) determine whether the purported declaration matches any declaration about which a record is maintained by the Administrator under sub-paragraph (b); and

(ii) inform the participant of the outcome of that determination.

(2) Paragraph (1)(c) does not apply to a request made on or after 1st April 2027.

Enforcement

85

A requirement placed on a participant under this Order is a relevant requirement for the purpose of Part 1 of the Electricity Act 1989 and Part 1 of the Gas Act 1986[^f00075].

SCHEDULE 1 — Help to heat group eligibility

1

The benefits referred to in the definition of “help to heat group” in article 2 are—

(a) child benefit under Part 9 of the 1992 Act[^f00076];

(b) child tax credit under section 8 of the Tax Credits Act 2002[^f00077];

(c) guarantee credit (and for this purpose “guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002[^f00078]);

(d) housing benefit under Part 7 of the 1992 Act[^f00079];

(e) income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995[^f00080];

(f) income-related allowance within the meaning of section 1 of the Welfare Reform Act 2007[^f00081];

(g) income support under Part 7 of the 1992 Act[^f00082];

(h) savings credit (and for this purpose “savings credit” is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002[^f00083];

(i) universal credit under Part 1 of the Welfare Reform Act 2012[^f00084];

(j) working tax credit under section 10 of the Tax Credits Act 2002[^f00085].

2

The condition as to income in paragraph 3 is specified in relation to child benefit.

3

Where the person claiming child benefit is—

(a) a single claimant, the condition as to income is that the claimant’s annual income from all sources does not exceed the amount set out in the first row of the table in the column corresponding to the number of children or qualifying young persons for whom the claimant is responsible;

(b) a member of a couple, the condition as to income is that the couple’s combined annual income from all sources does not exceed the amount set out in the second row of the table in the column corresponding to the number of children or qualifying young persons for whom at least one member of the couple is responsible.

Type of claimant	Number of children or qualifying young persons	Number of children or qualifying young persons	Number of children or qualifying young persons	Number of children or qualifying young persons
Type of claimant	1	2	3	4 or more
Single claimant	£19,900	£24,800	£29,600	£34,500
Member of a couple	£27,500	£32,300	£37,200	£42,000

4

For the purposes of paragraph 3, whether a person is responsible for a child or qualifying young person is to be determined in accordance with Part 9 of the 1992 Act[^f00086].

5

In this Schedule—

“1992 Act” means the Social Security Contributions and Benefits Act 1992[^f00087];

“child” and “qualifying young person” have the same meaning as in Part 9 of the 1992 Act[^f00088];

“couple” means— two people who are married to, or civil partners of, each other and are members of the same household; or two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

“single claimant” means a person who is not a member of a couple.

1

Domestic premises in England and Wales are “social housing” if the premises are let below the market rate and—

(a) the relevant interest in those premises is registered as belonging to a social landlord; or

(b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 1985[^f00089].

2

Domestic premises in Scotland are “social housing” if the premises are let below the market rate and—

(a) the relevant interest in the premises is registered as belonging to a social landlord; or

(b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987[^f00090], as modified by section 84A of that Act[^f00091].

3

In this Schedule—

“relevant interest” means— in respect of premises in England and Wales— the freehold estate, unless the whole of the premises have been let under a registered lease; or the leasehold estate, unless the whole of the premises have been further let under a registered lease; in respect of premises in Scotland— the owner’s interest or right, unless the whole of the premises have been let under a registered lease; or the lessee’s interest under a lease, unless the whole of the premises have been further let under a registered lease;

“social landlord” means— in respect of premises in England— a local housing authority, within the meaning of section 1 of the Housing Act 1985[^f00092]; a housing association, within the meaning of section 5 of the Housing Act 1985[^f00093]; a housing trust, within the meaning of section 6 of the Housing Act 1985; or a charity, within the meaning of section 1 of the Charities Act 2011[^f00094]; in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 2010[^f00095]; in respect of premises in Wales— a local housing authority, within the meaning of section 1 of the Housing Act 1985; a housing association, within the meaning of section 5 of the Housing Act 1985; a housing trust, within the meaning of section 6 of the Housing Act 1985; a charity, within the meaning of section 1 of the Charities Act 2011; a person listed in section 80(1) of the Housing Act 1985[^f00096]; or a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996[^f00097].

4

For the purposes of this Schedule—

(a) in respect of premises in England and Wales, a lease or relevant interest is registered if it is registered in the register of title maintained by Her Majesty’s Land Registry;

(b) in respect of premises in Scotland, a lease or relevant interest is registered if it is—

(i) registered in the Land Register of Scotland; or

(ii) recorded in the Register of Sasines.

Signed

Callanan — Parliamentary Under Secretary of State — Department for Business, Energy and Industrial Strategy — 21st July 2022

The Scottish Ministers consent to the making of this Order.

Patrick Harvie — A member of the Scottish Government — 26th July 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order applies in Great Britain. It establishes the Energy Company Obligation scheme for the period to 31st March 2026 for the promotion of measures for reducing the cost to individuals of heating their homes. The scheme is administered and enforced by the Gas and Electricity Markets Authority (the “Administrator”).

Part 1 contains introductory and interpretation provisions.

In Part 2—

(a) article 3 sets out the overall home-heating cost reduction target for the period from the commencement of the Order to 31st March 2026;

(b) article 4 sets out who must participate in the scheme. These are licensed electricity and gas suppliers that have more than a specified number of domestic customers at the end of any year between 2021 and 2024 (each being a “qualification year”), and that supply more than a specified amount of gas or electricity to domestic customers during that same year, or that are in a group that meets these thresholds;

(c) article 5 requires participants to notify the Administrator of their customer numbers and amounts of gas or electricity so supplied.

Part 3 sets out the process for the apportionment of the overall home-heating cost reduction target between participants. A participant’s share of the target is referred to as its total home-heating cost reduction obligation (its “obligation”). A participant’s obligation is determined in four phases, by reference to whether the participant is a participant in relation to the phase, and if so, by reference to the amount of gas or electricity supplied by the participant (or its group) in the qualification year preceding the start of the phase. Phase 1 is the period from the commencement of the Order to 31st March 2023. Phases 2 to 4 are each successive periods of 12 months.

Part 4 requires a participant to achieve its obligation by no later than 31st March 2026, and by promoting “qualifying actions”, which are defined in Part 5 (see article 11). It sets limits on the amount of a participant’s obligation that may be met by certain qualifying actions. It also requires a participant to promote “solid wall actions” at sufficient domestic premises to meet its total “solid wall minimum requirement”, and to promote sufficient qualifying actions at private domestic premises that have an energy efficiency rating of band E, F or G to meet its total “EFG minimum requirement”. The amount of a participant’s solid wall minimum and EFG minimum requirement is determined in four phases by the Administrator under article 6.

Part 5 contains provisions about qualifying actions—

(a) article 11 sets out different conditions to be met for a measure to be a qualifying action, depending on whether the measure forms part of an ECO4 project, is an in-fill measure, is an ECO3 interim delivery action or a surplus action. These terms are all defined in article 2;

(b) article 12 sets out general requirements for measures forming part of an ECO4 project or in-fill measures;

(c) articles 13 to 16 set out different conditions to be met for a measure to be a qualifying action, depending on whether the measure is installed at owner-occupied premises, private rented premises, social housing with an energy performance rating of band D or social housing with an energy performance rating of band E, F or G;

(d) articles 17 to 21 set out conditions that measures may meet to be a qualifying action, where a relevant authority or participant has made certain declarations;

(e) articles 22 and 23 set out conditions to be met for a measure to be an in-fill measure;

(f) articles 24 to 30 set out additional requirements relating to heating measures;

(g) article 31 sets out further requirements relating to installation standards, consumer protection and smart meter advice.

Part 6 contains provisions about applications for approval of a measure as a standard innovation measure or a substantial innovation measure.

Part 7 contains provisions about applications for approval of a measure as a data light measure or a standard alternative methodology measure. Where an application under Part 6 or Part 7 is approved, some of the provisions of the Order differ for these measures, including the rules for calculating the contribution the measure makes to a participant’s obligation.

Part 8 contains provisions about the notification of completed measures—

(a) except in the case of surplus actions, the requirements for a qualifying action include a requirement for the participant to notify the measure to the Administrator in accordance with article 43;

(b) the deadline for notification of the measure is set by, or determined under, article 44.

Part 9 contains provisions about surplus actions. A participant, or any other licence-holder on whom a home-heating cost reduction obligation was imposed under the Electricity and Gas (Energy Company Obligation) Order 2018 (S.I. 2018/1183) can apply for a measure promoted under that Order to be recognised as a “surplus action” if it is not required by the applicant to meet its obligations under that Order and meets the criteria in Part 9 of this Order. A measure recognised by the Administrator as a surplus action may contribute towards a participant’s obligation under this Order.

Part 10 contains provisions about scores—

(a) article 46 sets out definitions;

(b) article 47 requires the Administrator to give a score to each ECO4 project that meets the requirements of article 49 (such a score is known as a full project score). It also requires the Administrator to give a score to each qualifying action which is part of an ECO4 project that does not meet the requirements of article 49, and to each qualifying action which is an in-fill measure, ECO3 interim delivery action or surplus action. The score is the amount the ECO4 project or qualifying action contributes towards the achievement of a participant’s obligation;

(c) before giving any score, the Administrator must calculate various allowances for each participant in accordance with article 48. These allowances affect the calculation of the score for certain ECO4 projects and qualifying actions;

(d) articles 49 to 52 set out the requirements that an ECO4 project must meet in order to be given a full project score. This includes the minimum requirement for energy efficiency improvement in article 50;

(e) articles 53 to 65 contain provisions for calculating the full project score;

(f) articles 66 to 76 contain provisions for calculating the score to be given to a qualifying action in an ECO4 project that does not meet the requirements of article 49 (such a score is known as a partial project score);

(g) article 77 provides for the calculation of the score to be given to an in-fill measure;

(h) article 78 provides for the calculation of the score to be given to a surplus action or ECO3 interim delivery action.

Part 11 contains provision about the circumstances in which a measure attracts an exemption for the purposes of certain requirements of the Order.

Part 12 contains provisions about transfer of measures and obligations—

(a) relevant suppliers can apply to the Administrator under article 80 to transfer notified measures from one to another;

(b) participants can apply to the Administrator under article 81 to transfer all or part of a participant’s obligation, total solid wall minimum requirement or total EFG minimum requirement from one to another.

Part 13 contains provisions about information and enforcement—

(a) article 82 requires the Administrator to determine before 1st October 2026 whether a participant has achieved its obligation. The Administrator must also deliver monthly reports to the Secretary of State until April 2026, and a final report before 1st October 2026 setting out whether participants achieved the overall home-heating cost reduction target;

(b) article 83 enables the Administrator to require information and evidence from a participant regarding compliance with the requirements of this Order and the costs of achieving its obligation;

(c) article 84 requires the Administrator to check copies of purported declarations by relevant authorities with information provided by the relevant authorities, when requested to do so by a participant;

(d) article 85 provides that a requirement placed on a participant under this Order is a relevant requirement for the purposes of Part 1 of the Electricity Act 1989 and Part 1 of the Gas Act 1986.

A full impact assessment of the effect that this instrument will have on the costs of business and the public sector has been published and is available at www.legislation.gov.uk. Hard copies of the impact assessment can be obtained from the Energy Company Obligation Team, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET.

Footnotes

[^f00001]: 1986 c. 44. Section 33BD was inserted by section 68 of the Energy Act 2011 (c. 16).

[^f00002]: 1989 c. 29. Section 41B was inserted by section 69 of the Energy Act 2011.

[^f00003]: 2000 c. 27. Section 103A was inserted by section 70 of the Energy Act 2011 and amended by section 60 of the Scotland Act 2016 (c. 11) and S.I. 2014/631 and 2022/34.

[^f00004]: Notwithstanding section 33BDA of the Gas Act 1986 and section 41BA of the Electricity Act 1989, as inserted by section 59 of the Scotland Act 2016, the Secretary of State may, by virtue of section 33BDA(10) of the Gas Act 1986 and section 41BA(10) of the Electricity Act 1989, make provision under section 33BD of the Gas Act 1986 and section 41B of the Electricity Act 1989 for the purposes of obligations imposed under those sections in relation to Scotland, with the agreement of the Scottish Ministers.

[^f00005]: The Secretary of State consulted the Scottish Association of Citizens Advice Bureaux before the coming into force of S.I. 2022/34. By virtue of article 5 of that Order, that consultation has effect as if done by or in relation to Consumer Scotland.

[^f00006]: Section 33BC was inserted by section 99 of the Utilities Act 2000 (c. 27) and amended by section 15 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c. 19), Schedule 8 to the Climate Change Act 2008 (c. 27), section 66 of the Energy Act 2011 (c. 16) and S.I. 2014/631 and 2022/34.

[^f00007]: Section 41A was inserted by section 70 of the Utilities Act 2000 and amended by section 16 of, and the Schedule to, the Climate Change and Sustainable Energy Act 2006, Schedule 8 to the Climate Change Act 2008, section 67 of, and Schedule 1 to, the Energy Act 2011 and S.I. 2014/631 and 2022/34.

[^f00008]: S.I. 2018/1183, amended by S.I. 2019/1441 and 2019/1458.

[^f00009]: 2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and S.I. 2011/2195.

[^f00010]: The responsiveness ratings for electric storage heaters and other heating systems are set out in table 4a of the Standard Assessment Procedure.

[^f00011]: S.I. 2012/3118. Regulation 2 was amended by S.I. 2016/284. There are other amendments which are not relevant.

[^f00012]: S.S.I. 2008/309. Regulation 2 was amended by S.S.I. 2012/208 and 2013/12. There are other amendments which are not relevant.

[^f00013]: Regulation 11 was amended by S.I. 2014/880, 2015/609 and 2016/284.

[^f00014]: 2006 c. 46.

[^f00015]: Section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27) and amended by section 89(3) of the Energy Act 2004 (c. 20) and S.I. 2011/2704. There are other amendments which are not relevant.

[^f00016]: Section 7A was inserted by section 6(1) of the Gas Act 1995 (c. 45) and amended by section 3(2) of, and Schedule 6 to, the Utilities Act 2000. There are other amendments which are not relevant.

[^f00017]: 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).

[^f00018]: 2021 asc 1.

[^f00019]: 1994 c. 39. Section 2 was amended by paragraph 232 of Schedule 22 to the Environment Act 1995 (c. 25).

[^f00020]: ISBN 978 0 580 78472 9. This international standard was published by the British Standards Institution on 31st October 2012. Copies can be purchased at www.bsigroup.com. A copy can be inspected by contacting the Energy Company Obligation Team at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET.

[^f00021]: 2006 c. 19. See section 26, as amended by S.I. 2008/1767.

[^f00022]: 1960 c. 62. See section 29. There are amendments to Part 1 which are not relevant.

[^f00023]: 1968 c. 52. There are amendments to section 13 which are not relevant.

[^f00024]: 1992 c. 14. See section 3, which was amended by S.I. 2013/468.

[^f00025]: See section 72, which was amended by section 6 of the Non-Domestic Rates (Scotland) Act 2020 (asp 4).

[^f00026]: Section 100(4) was amended by S.I. 2011/2195.

[^f00027]: Defined in section 7(1) and 48(1) of the Gas Act 1986.

[^f00028]: Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

[^f00031]: S.I. 2015/962.

[^f00032]: 2006 asp 1. See section 12 which was amended by Schedule 2 to the Land Reform (Scotland) Act 2016 (asp 18) and S.S.I. 2019/61 and 2022/32.

[^f00037]: The Administrator is the Gas and Electricity Markets Authority. See section 33BD(2)(a) of the Gas Act 1986 and section 41B(2)(a) of the Electricity Act 1989.

[^f00038]: See section 33BD(1) of the Gas Act 1986 and section 41B(1) of the Electricity Act 1989 for the definition of “home-heating cost reduction obligation”.

[^f00039]: Information about the TrustMark Data Warehouse can be found at https://www.trustmark.org.uk/data-warehouse

[^f00040]: See section 33BD(2)(b) of the Gas Act 1986 and section 41B(2)(b) of the Electricity Act 1989 for the definition of “home-heating cost reduction target”. Section 103A(1) of the Utilities Act 2000 provides for the specification of an overall target.

[^f00041]: £12,000 is the cost that the Department for Business, Energy and Industrial Strategy has estimated would have been incurred by a participant in achieving an ECO3 solid wall insulation action.

[^f00042]: Published at https://www.gov.uk/government/statistics/english-indices-of-deprivation-2019. The deciles are published in “File 7: all ranks, deciles and scores for the indices of deprivation, and population denominators”. A copy of any entry in the file may be obtained from the Ministry of Housing, Communities & Local Government, 2 Marsham Street, London SW1P 4DF.

[^f00043]: Published at https://statswales.gov.wales/Catalogue/Community-Safety-and-Social-Inclusion/Welsh-Index-of-Multiple-Deprivation/WIMD-2019. A copy may be inspected by contacting the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.

[^f00044]: 2020v2. Published at www.gov.scot/publications/scottish-index-of-multiple-deprivation-2020v2-ranks. A copy may be inspected by contacting the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.

[^f00045]: Published at https://www.nice.org.uk/guidance/ng6. A copy may be inspected by contacting the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.

[^f00046]: 1996 c. 56. Section 512ZB was substituted, together with sections 512 and 512ZA for section 512 as originally enacted by s. 201(1) of the Education Act 2002 (c. 32). Subsection (4) was amended by paragraph 16 of Schedule 3 to the Welfare Reform Act 2007 (c. 5), Part 1 of Schedule 7 to the Welfare Reform Act 2009 (c. 24), section 26(1) of the Child Poverty Act 2010 (c. 9), paragraph 39 of Schedule 2, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 (c. 5), section 106 of the Children and Families Act 2014 (c. 6) and S.I. 2010/1158.

[^f00047]: 1980 c. 44. Section 53 was most recently substituted by section 22(1) and (2) of the Education (Scotland) Act 2016 (2016 asp 8) and amended by S.I. 2019/179 and 2021/210.

[^f00048]: Citizens Advice and Citizens Advice Scotland are defined in section 111 of the Electricity Act 1989 and section 66 of the Gas Act 1986, as amended by S.I. 2014/631.

[^f00049]: 1983 c. 54. Section 34C was inserted by S.I. 2010/234.

[^f00050]: 1978 c. 29. Relevant amendments have been made by section 28(a)(i) of the National Health Service and Community Care Act 1990 (c. 19), section 14 of, and paragraph 1 of Schedule 7 to, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and section 11(1) of, and paragraph 1(1) and (2)(a) of Schedule 1 to, the National Health Service Reform (Scotland) Act 2004 (asp 7).

[^f00051]: 2006 c. 42.

[^f00052]: 2006 c. 41. Section 30 was amended by section 159(1) of the Health and Social Care Act 2012 (c. 7).

[^f00053]: S.I. 1987/1968. Paragraph 6 of Schedule 9 was amended by S.I. 1991/2284, 1992/2595, 1996/1460, 1999/3178, 2002/3019, 2003/492, 2006/2377, 2013/443 and 2021/456.

[^f00054]: 2010 c. 27.

[^f00055]: S.I. 2010/2214. See regulation 2. There are amending instruments but none are relevant.

[^f00056]: S.S.I. 2004/406. See regulation 2. There are amending instruments but none are relevant.

[^f00057]: S.I. 2010/2214, as amended by S.I. 2011/1515, 2011/3058, 2012/3119, 2012/718, 2013/10, 2013/181, 2013/747, 2013/1105, 2013/1959, 2013/2730, 2014/110, 2014/579, 2014/1638, 2014/2362, 2015/767, 2015/1486, 2016/285, 2016/361, 2016/490, 2016/611, 2016/1101, 2017/856, 2017/1274, 2018/48, 2018/552, 2018/558, 2018/1230, 2019/1499, 2021/1391, 2021/1392.

[^f00058]: S.S.I. 2004/406, as amended by S.S.I. 2006/534, 2008/310, 2009/119, 2010/32, 2011/120, 2011/211, 2012/209, 2013/143, 2014/219, 2015/218, 2016/70, 2016/71, 2017/188, 2019/210, 2020/275 and S.I. 2014/1638.

[^f00059]: Section 5 was substituted by section 3(1) of the Gas Act 1995 (c. 45). Relevant amendments were made by section 108 of, and Schedule 2 to, the Utilities Act 2000 and S.I. 2012/2400.

[^f00060]: S.I. 2018/611, amended by S.I. 2021/76. There are other amending instruments, but none is relevant.

[^f00061]: S.I. 2012/3118. Section 4(1) was amended by S.I. 2013/181.

[^f00062]: S.S.I. 2008/309. Regulation 6A was inserted by S.S.I. 2012/208, and amended by S.S.I. 2013/12.

[^f00063]: See also articles 51(2)(a) and 53, which provide that the data light measure allowance sets a maximum for the number of qualifying actions promoted by the participant which are data light measures of the same data light measure description and in relation to which the adjusted cost savings may be used in the determination of the post-project SAP band under article 51(1)(a)(ii), and in the determination of the post-project SAP rating under article 53(3)(a)(ii).

[^f00064]: £17.83 is the cost that the Department for Business, Energy and Industrial Strategy has estimated would be incurred by a participant in delivering each £1 in the annual cost savings attributable to the qualifying action.

[^f00065]: £0.31 is the cost that the Department for Business, Energy and Industrial Strategy has estimated would have been incurred by a participant in delivering each £1 in the ECO3 cost savings attributable to the qualifying action.

[^f00066]: 1990 c. 9. There are amendments to section 91(1), but none are relevant.

[^f00067]: 1997 c. 9. There are amendments to section 81(1), but none are relevant.

[^f00068]: Section 1(5) was amended by Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00069]: Section 1(4) was amended by Schedule 3 to the Historic Environment Scotland Act 2014 (asp 19).

[^f00070]: 1981 c. 69. Schedule 1 was amended by S.S.I 2001/337. Schedule 5 was amended by section 18 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), S.I. 1988/288, 1989/906, 1991/367, 1992/2350, 1998/878, 2007/1843, 2008/431, 2008/1927, 2008/2172, 2011/2015 and S.S.I. 2007/80.

[^f00071]: S.I. 2017/1012.

[^f00072]: S.I. 1994/2716.

[^f00073]: 1986 c. 44. Section 30O was inserted by paragraph 1 of Schedule 14 to the Energy Act 2013 (c. 32).

[^f00074]: 1989 c. 29. Section 27O was inserted by paragraph 2 of Schedule 14 to the Energy Act 2013.

[^f00075]: Sections 25 to 28 of the Electricity Act 1989 and sections 28 to 30O of the Gas Act 1986 provide for the enforcement of relevant requirements by the Gas and Electricity Markets Authority.

[^f00076]: See sections 141 and 145A. Section 141 was amended by section 1 of the Child Benefit Act 2005 (c. 6). Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and was amended by Schedule 24 to the Civil Partnership Act 2004 (c. 33), Schedule 1 to the Child Benefit Act 2005 and S.I. 2019/1458.

[^f00077]: 2002 c. 21. Section 8 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012 (c. 5).

[^f00078]: 2002 c. 16. Section 2 was amended by Schedule 24 to the Civil Partnership Act 2004.

[^f00079]: See section 130. That section was amended by Schedule 3 to the Local Government Finance Act 1992 (c. 14), Schedule 19 to the Housing Act 1996 (c. 52) and Schedules 5 and 8 to the Welfare Reform Act 2007 (c. 5). It is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

[^f00080]: 1995 c. 18. Section 1 was amended by Schedules 7 and 13 to the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 24 to the Civil Partnership Act 2004 and Schedule 3 to the Welfare Reform Act 2007. It was also amended by sections 44 and 49 of, and Schedule 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 61 of the Welfare Reform Act 2012.

[^f00081]: 2007 c. 5. Section 1 which establishes an allowance known as employment and support allowance, was amended by sections 50, 52 and 53 of the Welfare Reform Act 2012. It was also amended by section 54 of, and Schedules 3 and 14 to, the Welfare Reform Act 2012 and these amendments have been brought into force for certain purposes. It is prospectively amended by section 62 of the Welfare Reform Act 2012.

[^f00082]: See section 124. That section was amended by Schedules 2 and 3 to the Jobseekers Act 1995, Schedule 8 to the Welfare Reform and Pensions Act 1999, Schedules 2 and 3 to the State Pension Credit Act 2002, Schedule 24 to the Civil Partnership Act 2004, Schedules 3 and 8 to the Welfare Reform Act 2007, section 3 of the Welfare Reform Act 2009 (c. 24) and section 59 of the Welfare Reform Act 2012. Part 7 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

[^f00083]: Section 3 was substituted by Schedule 12 to the Pensions Act 2014 (c. 19).

[^f00084]: See section 1.

[^f00085]: Section 10 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

[^f00086]: See section 143. That section was amended by section 72 of the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 24 to the Civil Partnership Act 2004, Schedules 1 and 2 to the Child Benefit Act 2005, S.I. 2013/1465 and 2016/413.

[^f00087]: 1992 c. 4.

[^f00088]: See section 142. That section was amended by section 1 of the Child Benefit Act 2005.

[^f00089]: 1985 c. 68. Part 5 was amended by section 83 of the Housing Act 1988 (c. 50), sections 104, 105, 108 to 120 of, and Schedules 21 and 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedules 16 and 18 to the Government of Wales Act 1998 (c. 38), Schedule 5 to the Commonhold and Leasehold Reform Act 2002 (c. 15), sections 180 to 190, 192, 193 of, and Schedule 16 to, the Housing Act 2004 (c. 34), Schedules 11 and 13 to the Land Registration Act 2002 (c. 9), Schedules 19 and 22 to the Localism Act 2011 (c. 20), section 100 of, and Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), S.I. 1996/2325, 2010/866 and 2019/110. There are other amendments which are not relevant.

[^f00090]: 1987 c. 26. Sections 61 to 84 were amended by sections 3 and 65 of, and Schedules 2, 8, 9 and 10 to, the Housing (Scotland) Act 1988 (c. 43), sections 168 and 176 of, and Schedules 11 and 12 to, the Local Government and Housing Act 1989 (c. 42), sections 144, 145, 157 of, and Schedule 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedules 13 and 14 to the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), Schedule 18 to the Government of Wales Act 1998 (c. 38), sections 42 to 49, 51 and 108 of, and Schedule 10 to, the Housing (Scotland) Act 2001 (asp 10), Schedule 7 to the Water Industry (Scotland) Act 2002 (asp 3), sections 140 to 144 of the Housing (Scotland) Act 2010 (asp 17), section 113 of the Housing (Scotland) Act 2006 (asp 1) and S.I. 2000/2040. Sections 61 to 81 and 84 are repealed by section 1 of the Housing (Scotland) Act 2014 (asp 14), subject to savings made by S.S.I. 2014/264.

[^f00091]: Section 84A was inserted by section 178 of the Local Government and Housing Act 1989 (c. 42). It was amended by paragraph 13 of Schedule 10 to the Housing (Scotland) Act 2001. Section 84A is repealed by section 1 of the Housing (Scotland) Act 2014, subject to savings made by S.S.I. 2014/264.

[^f00092]: Section 1 was amended by Schedule 8 to the Local Government (Wales) Act 1994 (c. 19).

[^f00093]: Section 5 was amended by S.I. 1996/2325, S.I. 2010/866 and Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c. 14).

[^f00094]: 2011 c. 25.

[^f00095]: 2010 asp 17. There are amendments to section 165 which are not relevant.

[^f00096]: Section 80(1) was amended by section 83 of, and Schedule 18 to, the Housing Act 1988 (c. 50), Schedules 16 and 18 to the Government of Wales Act 1998 (c. 38), Schedules 19 and 22 to the Localism Act 2011 (c. 20), S.I. 2008/3002 and 2010/866.

[^f00097]: 1996 c. 52. Chapter 1 of Part 1 was amended by Schedules 16 and 18 to the Government of Wales Act 1998, Schedule 8 to the Charities Act 2006 (c. 50), section 61 of, and Schedule 16 to, the Housing and Regeneration Act 2008 (c. 17), Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c. 14), S.I. 2009/1941 and 2013/496. There are other amendments which are not relevant.

Editorial notes

[^key-00b4e4518c20e0780da84180d9fb6cec]: Art. 43(ca)(cb) inserted (14.8.2023) by The Electricity and Gas (Energy Company Obligation) Order 2023 (S.I. 2023/873), arts. 1(3), 47(b) (with art. 50)

[^key-0199a609a86fc2681c4aa413d531c1b6]: Art. 1 in force at 27.7.2022, see art. 1(1)

[^key-027dde3f7babefe05b35058e23587e00]: Art. 12(1)(g) and word inserted (14.8.2023) by The Electricity and Gas (Energy Company Obligation) Order 2023 (S.I. 2023/873), arts. 1(3), 42(b) (with art. 50)

[^key-04a1f4002933b2eceebe3b66a4d5dd35]: Art. 45 in force at 27.7.2022, see art. 1(1)

[^key-04b504efdb806446c3c76e86e2f289a4]: Art. 18 in force at 27.7.2022, see art. 1(1)

[^key-06d54d373871ebdc0324df29812c8e71]: Art. 26 in force at 27.7.2022, see art. 1(1)

[^key-0802ad559dd3115ba30199a03bdab761]: Words in art. 62(2)(e) substituted (1.8.2025) by The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2025 (S.I. 2025/941), arts. 1(2), 8(1)(e)(i)(bb) (with art. 8(2))

[^key-0979f10de308ebed7e47355a57f550d2]: Words in art. 2(1) inserted (14.8.2023) by The Electricity and Gas (Energy Company Obligation) Order 2023 (S.I. 2023/873), arts. 1(3), 40(a)(i) (with art. 50)

[^key-0c361c129b09f3e3029f647fe4050f44]: Art. 6 in force at 27.7.2022, see art. 1(1)

[^key-0c6405bb87709a729737ebd23bc8d584]: Art. 69 in force at 27.7.2022, see art. 1(1)

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