Regulation 3 Eligible Facilities
This regulation specifies the circumstances in which an installation or site is to be taken to be a facility for the purposes of determining in connection with concluding or varying a climate change agreement whether the facility is to be, or is to continue to be, identified in the agreement as a facility to which the agreement applies.
An installation covered by paragraph 51 of Schedule 6 to the Act shall be taken at the relevant time to be a facility for the purposes specified in paragraph (1) only if—
the taxable commodities supplied to the installation by taxable supplies in the following 12 month period are intended to be burned (or, in the case of electricity, consumed)—
in the installation, or
on the site where the installation is situated but not in the installation, and
the amounts of relevant commodities subject to each of those intentions are such that the condition specified in paragraph (4) is satisfied.
A site shall be taken at the relevant time to be a facility for the purposes specified in paragraph (1) only if—
the taxable commodities supplied to the site by taxable supplies in the following 12 month period are intended to be burned (or, in the case of electricity, consumed)—
in installations on the site that are covered by paragraph 51 of Schedule 6 to the Act (or in parts of such installations), or
on the site but not in any such installation (or part of such an installation), and
the amounts of relevant commodities subject to each of those intentions are such that the condition specified in paragraph (5) is satisfied.
The condition referred to in paragraph (2)(b) is that it is likely that in the relevant 12 month period at least 90% of the reckonable energy supplied to the installation will be used within the installation.
The condition referred to in paragraph (3)(b) is that it is likely that in the relevant 12 month period at least 90% of the reckonable energy supplied to the site (whether or not to the installations or parts of installations) will be used within the installation or parts of installations (as the case may be).
For the purposes of paragraph (4) reckonable energy supplied to the site but not to the installation shall be treated as supplied to the installation if, and to the extent that, it is used within the installation.
For the purposes of paragraphs (4) and (5), past supply or use of reckonable energy (if any) shall be taken into account in determining likely supply or use of such energy in the relevant 12 month period.