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
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articles Not indexed
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5

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.

6

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.

7

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.

9

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

10

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

11

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

12

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.

13

Regulation 11 was amended by S.I. 2014/880, 2015/609 and 2016/284.

15

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.

16

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.

17

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).

19

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

20

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.

21

2006 c. 19. See section 26, as amended by S.I. 2008/1767.

22

1960 c. 62. See section 29. There are amendments to Part 1 which are not relevant.

23

1968 c. 52. There are amendments to section 13 which are not relevant.

24

1992 c. 14. See section 3, which was amended by S.I. 2013/468.

25

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

26

Section 100(4) was amended by S.I. 2011/2195.

27

Defined in section 7(1) and 48(1) of the Gas Act 1986.

28

Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

30

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.

31

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.

32

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”.

33

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

34

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.

35

£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.

36

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.

37

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.

38

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.

39

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.

40

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.

41

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.

42

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.

43

1983 c. 54. Section 34C was inserted by S.I. 2010/234.

44

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).

46

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

47
49

S.I. 2010/2214. See regulation 2. There are amending instruments but none are relevant.

50

S.S.I. 2004/406. See regulation 2. There are amending instruments but none are relevant.

53

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.

54

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

55

S.I. 2012/3118. Section 4(1) was amended by S.I. 2013/181.

56

S.S.I. 2008/309. Regulation 6A was inserted by S.S.I. 2012/208, and amended by S.S.I. 2013/12.

57

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).

58

£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.

59

£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.

60

1990 c. 9. There are amendments to section 91(1), but none are relevant.

61

1997 c. 9. There are amendments to section 81(1), but none are relevant.

62

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

63

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

64

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.

67

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

68

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

69

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.

70

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.

71

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

72

2002 c. 16. Section 2 was amended by Schedule 24 to the Civil Partnership Act 2004.

73

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.

74

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.

75

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.

76

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.

77

Section 3 was substituted by Schedule 12 to the Pensions Act 2014 (c. 19).

78

See section 1.

79

Section 10 is prospectively repealed by Schedule 14 to the Welfare Reform Act 2012.

80

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.

82

See section 142. That section was amended by section 1 of the Child Benefit Act 2005.

83

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.

84

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.

85

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.

86

Section 1 was amended by Schedule 8 to the Local Government (Wales) Act 1994 (c. 19).

87

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).

89

2010 asp 17. There are amendments to section 165 which are not relevant.

90

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.

91

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

93

Art. 1 in force at 27.7.2022, see art. 1(1)

95

Art. 45 in force at 27.7.2022, see art. 1(1)

96

Art. 18 in force at 27.7.2022, see art. 1(1)

97

Art. 26 in force at 27.7.2022, see art. 1(1)

100

Art. 6 in force at 27.7.2022, see art. 1(1)

101

Art. 69 in force at 27.7.2022, see art. 1(1)

106

Art. 15 in force at 27.7.2022, see art. 1(1)

107

Art. 61 in force at 27.7.2022, see art. 1(1)

109

Art. 56 in force at 27.7.2022, see art. 1(1)

110

Art. 10 in force at 27.7.2022, see art. 1(1)

111

Art. 65 in force at 27.7.2022, see art. 1(1)

113

Art. 5 in force at 27.7.2022, see art. 1(1)

114

Art. 39 in force at 27.7.2022, see art. 1(1)

115

Sch. 1 para. 2 in force at 27.7.2022, see art. 1(1)

116

Art. 2 in force at 27.7.2022, see art. 1(1)

117

Art. 63 in force at 27.7.2022, see art. 1(1)

118

Art. 72 in force at 27.7.2022, see art. 1(1)

119

Art. 27 in force at 27.7.2022, see art. 1(1)

121

Art. 7 in force at 27.7.2022, see art. 1(1)

122

Art. 74 in force at 27.7.2022, see art. 1(1)

124

Art. 50 in force at 27.7.2022, see art. 1(1)

125

Art. 13 in force at 27.7.2022, see art. 1(1)

126

Art. 31 in force at 27.7.2022, see art. 1(1)

127

Art. 20 in force at 27.7.2022, see art. 1(1)

128

Sch. 2 para. 4 in force at 27.7.2022, see art. 1(1)

132

Art. 28 in force at 27.7.2022, see art. 1(1)

133

Art. 9 in force at 27.7.2022, see art. 1(1)

134

Art. 80 in force at 27.7.2022, see art. 1(1)

136

Art. 8 in force at 27.7.2022, see art. 1(1)

139

Art. 22 in force at 27.7.2022, see art. 1(1)

140

Art. 34 in force at 27.7.2022, see art. 1(1)

141

Art. 73 in force at 27.7.2022, see art. 1(1)

144

Art. 32 in force at 27.7.2022, see art. 1(1)

146

Art. 76 in force at 27.7.2022, see art. 1(1)

147

Art. 41 in force at 27.7.2022, see art. 1(1)

148

Art. 60 in force at 27.7.2022, see art. 1(1)

151

Art. 79 in force at 27.7.2022, see art. 1(1)

153

Art. 11 in force at 27.7.2022, see art. 1(1)

154

Art. 51 in force at 27.7.2022, see art. 1(1)

155

Art. 53 in force at 27.7.2022, see art. 1(1)

156

Art. 55 in force at 27.7.2022, see art. 1(1)

158

Art. 29 in force at 27.7.2022, see art. 1(1)

159

Art. 62 in force at 27.7.2022, see art. 1(1)

160

Art. 43 in force at 27.7.2022, see art. 1(1)

163

Art. 16 in force at 27.7.2022, see art. 1(1)

164

Art. 58 in force at 27.7.2022, see art. 1(1)

165

Art. 17 in force at 27.7.2022, see art. 1(1)

168

Art. 23 in force at 27.7.2022, see art. 1(1)

169

Art. 25 in force at 27.7.2022, see art. 1(1)

171

Art. 83 in force at 27.7.2022, see art. 1(1)

173

Art. 82 in force at 27.7.2022, see art. 1(1)

174

Art. 81 in force at 27.7.2022, see art. 1(1)

177

Sch. 1 para. 4 in force at 27.7.2022, see art. 1(1)

179

Art. 21 in force at 27.7.2022, see art. 1(1)

180

Art. 4 in force at 27.7.2022, see art. 1(1)

182

Art. 42 in force at 27.7.2022, see art. 1(1)

185

Art. 30 in force at 27.7.2022, see art. 1(1)

187

Art. 46 in force at 27.7.2022, see art. 1(1)

188

Art. 49 in force at 27.7.2022, see art. 1(1)

189

Art. 66 in force at 27.7.2022, see art. 1(1)

190

Art. 85 in force at 27.7.2022, see art. 1(1)

191

Art. 12 in force at 27.7.2022, see art. 1(1)

192

Art. 3 in force at 27.7.2022, see art. 1(1)

193

Sch. 2 para. 2 in force at 27.7.2022, see art. 1(1)

194

Art. 38 in force at 27.7.2022, see art. 1(1)

195

Art. 48 in force at 27.7.2022, see art. 1(1)

198

Sch. 1 para. 3 in force at 27.7.2022, see art. 1(1)

199

Art. 59 in force at 27.7.2022, see art. 1(1)

200

Sch. 1 para. 5 in force at 27.7.2022, see art. 1(1)

201

Art. 36 in force at 27.7.2022, see art. 1(1)

202

Sch. 2 para. 3 in force at 27.7.2022, see art. 1(1)

203

Sch. 1 para. 1 in force at 27.7.2022, see art. 1(1)

204

Art. 19 in force at 27.7.2022, see art. 1(1)

205

Art. 14 in force at 27.7.2022, see art. 1(1)

206

Art. 84 in force at 27.7.2022, see art. 1(1)

208

Art. 24 in force at 27.7.2022, see art. 1(1)

209

Art. 77 in force at 27.7.2022, see art. 1(1)

210

Art. 68 in force at 27.7.2022, see art. 1(1)

211

Art. 71 in force at 27.7.2022, see art. 1(1)

212

Art. 44 in force at 27.7.2022, see art. 1(1)

213

Art. 78 in force at 27.7.2022, see art. 1(1)

217

Art. 70 in force at 27.7.2022, see art. 1(1)

218

Art. 35 in force at 27.7.2022, see art. 1(1)

219

Art. 54 in force at 27.7.2022, see art. 1(1)

221

Art. 37 in force at 27.7.2022, see art. 1(1)

223

Art. 64 in force at 27.7.2022, see art. 1(1)

224

Art. 33 in force at 27.7.2022, see art. 1(1)

225

Art. 57 in force at 27.7.2022, see art. 1(1)

227

Art. 40 in force at 27.7.2022, see art. 1(1)

230

Sch. 2 para. 1 in force at 27.7.2022, see art. 1(1)

231

Art. 67 in force at 27.7.2022, see art. 1(1)

234

Art. 47 in force at 27.7.2022, see art. 1(1)

235

Art. 75 in force at 27.7.2022, see art. 1(1)

236

Art. 52 in force at 27.7.2022, see art. 1(1)

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