The Clean Heat Market Mechanism Regulations 2025
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Change 1
10 Near-threshold suppliers
(1) An undertaking which is not a group undertaking in relation to another undertaking is a near-threshold supplier for a scheme year where— (a) it is the supplier of— (i) more than 14,999 but fewer than 20,000 gas boilers which are the subject of a qualifying sale during the scheme year; or (ii) more than 749 but fewer than 1,000 oil boilers which are the subject of a qualifying sale during the scheme year; and (b) subject to paragraphs (3) and (4), in relation to its last financial year which ended before the start of the scheme year, the undertaking satisfied two or more of the following requirements— (i) its turnover was more than the amount for the time being specified in condition 1 of section 382(3) of the Companies Act 2006; (ii) its balance sheet total was more than the amount for the time being specified in condition 2 of section 382(3) of the Companies Act 2006; (iii) its number of employees was more than the number for the time being specified in condition 3 of section 382(3) of the Companies Act 2006. (2) A group of undertakings is a near-threshold supplier for a scheme year where— (a) the undertakings in the group are collectively the supplier of— (i) more than 14,999 but fewer than 20,000 gas boilers which are the subject of a qualifying sale during the scheme year; or (ii) more than 749 but fewer than 1,000 oil boilers which are the subject of a qualifying sale during the scheme year; and (b) subject to paragraphs (3) and (4), in relation to the last financial year of the responsible undertaking for the group which ended before the start of the scheme year, the group satisfied two or more of the following requirements— (i) its aggregate turnover was more than the amount for the time being specified in condition 1 of section 383(4) of the Companies Act 2006; (ii) its aggregate balance sheet total was more than the amount for the time being specified in condition 2 of section 383(4) of the Companies Act 2006; (iii) its aggregate number of employees was more than the number for the time being specified in condition 3 of section 383(4) of the Companies Act 2006. (3) Paragraph (4) applies where— (a) an undertaking is, or is not, a near-threshold supplier for a scheme year (the “relevant scheme year”) by virtue of satisfying, or not satisfying, two or more of the requirements in paragraph (1)(b) in relation to the relevant scheme year, or a group of undertakings is, or is not, a near-threshold supplier for a scheme year (the “relevant scheme year”) by virtue of satisfying, or not satisfying, two or more of the requirements in paragraph (2)(b) in relation to the relevant scheme year; and (b) in relation to a scheme year which follows the relevant scheme year, there is a change to the undertaking’s or group of undertakings’ status as satisfying, or not satisfying, two or more of the requirements in paragraph (1)(b) or (2)(b), as the case may be. (4) Where this paragraph applies, the change referred to in paragraph (3)(b) is only treated as having effect where it occurs in relation to two consecutive scheme years.
10 Near-threshold suppliers
(1) An undertaking which is not a group undertaking in relation to another undertaking is a near-threshold supplier for a scheme year where— (a) it is the supplier of— (i) more than 14,999 but fewer than 20,000 gas boilers which are the subject of a qualifying sale during the scheme year; or (ii) more than 749 but fewer than 1,000 oil boilers which are the subject of a qualifying sale during the scheme year; and (b) subject to paragraphs (3) and (4), in relation to its last financial year which ended before the start of the scheme year, the undertaking satisfied two or more of the following requirements— (i) its turnover was more than the amount for the time being specified in condition 1 of section 382(3) of the Companies Act 2006; (ii) its balance sheet total was more than the amount for the time being specified in condition 2 of section 382(3) of the Companies Act 2006; (iii) its number of employees was more than the number for the time being specified in condition 3 of section 382(3) of the Companies Act 2006. (2) A group of undertakings is a near-threshold supplier for a scheme year where— (a) the undertakings in the group are collectively the supplier of— (i) more than 14,999 but fewer than 20,000 gas boilers which are the subject of a qualifying sale during the scheme year; or (ii) more than 749 but fewer than 1,000 oil boilers which are the subject of a qualifying sale during the scheme year; and (b) subject to paragraphs (3) and (4), in relation to the last financial year of the responsible undertaking for the group which ended before the start of the scheme year, the group satisfied two or more of the following requirements— (i) its aggregate turnover was more than the amount for the time being specified in condition 1 of section 383(4) of the Companies Act 2006; (ii) its aggregate balance sheet total was more than the amount for the time being specified in condition 2 of section 383(4) of the Companies Act 2006; (iii) its aggregate number of employees was more than the number for the time being specified in condition 3 of section 383(4) of the Companies Act 2006. (3) Paragraph (4) applies where— (a) an undertaking is, or is not, a near-threshold supplier for a scheme year (the “relevant scheme year”) by virtue of satisfying, or not satisfying, two or more of the requirements in paragraph (1)(b) in relation to the relevant scheme year, or a group of undertakings is, or is not, a near-threshold supplier for a scheme year (the “relevant scheme year”) by virtue of satisfying, or not satisfying, two or more of the requirements in paragraph (2)(b) in relation to the relevant scheme year; and (b) in relation to a scheme year which follows the relevant scheme year, there is a change to the undertaking’s or group of undertakings’ status as satisfying, or not satisfying, two or more of the requirements in paragraph (1)(b) or (2)(b), as the case may be. (4) Where this paragraph applies, the change referred to in paragraph (3)(b) is only treated as having effect where it occurs in relation to two consecutive scheme years.
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