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Regulation 3 Eligible FacilitiesI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An installation or a site is to be taken to be a facility for the purposes mentioned in paragraph 50(1) of Schedule 6 to the Act only if—

(a)

at least 70% of the reckonable energy supplied to the installation or to the site is intended to be used in the installation, installations or parts of installations on the site; and

(b)

the taxable commodities supplied to the installation or to the site by taxable supplies in the following 12 month period are intended to be burned (or, in the case of electricity, consumed)—

(i)

in the installation, installations or part of installations on the site; or

(ii)

on the site where the installation, installations or parts of installations are situated.

(2)

F1Unless paragraph (3) or paragraph (4) applies, For the purposes of paragraph (1)(a), supply or use of reckonable energy during the previous 12 month period must be used to determine the intended supply or use of reckonable energy in the following 12 month period.

F2(3)

This paragraph applies until 31st May 2014 if an operator has insufficient data on the supply or use of reckonable energy during the previous 12 month period to determine the intended supply or use of reckonable energy in the following 12 month period in accordance with paragraph (2).

(4)

This paragraph applies in respect of a greenfield facility until the later of—

(a)

31st May 2014; or

(b)

the day which is one year following the day on which the operator entered into an underlying agreement which covered the installation or site comprising the facility.

(5)

If paragraph (3) or paragraph (4) applies, for the purposes of paragraph (1)(a), the administrator must make a reasonable estimation of the intended supply or use of reckonable energy in the following 12 month period.

Annotations

Textual amendments

F1

Words in reg. 3(2) inserted (31.3.2013) by The Climate Change Agreements (Eligible Facilities) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/505), regs. 1(2), 2(4)

F2

Reg. 3(3)-(5) inserted (31.3.2013) by The Climate Change Agreements (Eligible Facilities) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/505), regs. 1(2), 2(5)

Commencement

I1

Reg. 3 in force at 1.1.2013, see reg. 1(2)