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Regulation 51A Interpretation of Part IV(A)F1

C1(F21)

For the purposes of this Part and F3Schedules 1 to 3–

  • “authorised person” (except for the purposes of Schedule 2, paragraph 7(a)) refers to a person authorised by the relevant Authority;

  • “CHP declaration contract” refers to the contract mentioned in paragraph 20A(1)(b) of the Act;

  • F4“CHPQA” refers to issue 7 of the Combined Heat and Power Quality Assurance Standard prepared by the Department for Business, Energy and Industrial Strategy (December 2018);

  • F5“CHPQA certificate” means a certificate issued in respect of a combined heat and power station following assessment of the station against criteria in the CHPQA;

  • “CHP Relief Condition” refers to paragraphs 2 to 7 and paragraph 12 of Schedule 2;

  • “exemption certificate” refers to a full-exemption certificate or a part-exemption certificate (see paragraphs 148(2) and 148(3) of the Act and the Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 2001);

  • “fully exempt CHP” refers to a fully exempt combined heat and power station (see paragraph 148(2) of the Act);

  • “indirect supplies” refers to supplies in relation to which provision is made by paragraph 20A(1) of the Act (exemption for supply made by electricity utility of CHP electricity);

  • “MWh” is an abbreviation for megawatt-hour;

  • “operator” refers to the person who operates a station or who generates or produces electricity in that station;

  • “outputs” or “output” refers to the meaning given by paragraph 148(9) of the Act (electricity or motive power produced in a station, and (a) heat or steam, or (b) air, or water, that has been heated or cooled);

  • “partly exempt CHP” refers to a partly exempt combined heat and power station (see paragraph 148(3) of the Act);

  • F6...

  • “QPO electricity” F7means qualifying power output electricity and refers to electricity that–

    1. (a)

      has been produced in a fully exempt CHP;

    2. (b)

      has been produced in a partly exempt CHP and supplied from it without causing the limit referred to in paragraph 16(2) of the Act to be exceeded F8and;

    3. (c)

      F9in either case, has been produced before 1st April 2013;

  • “station” refers to a fully or partly exempt CHP;

  • “relevant Authority” refers to the Gas and Electricity Markets Authority or, in relation to electricity produced or supplied in Northern Ireland or produced in the Republic of Ireland, the Director General of Electricity Supply for Northern Ireland.

(F102)

In the case of electricity produced in a given station after 21st July 2005, this Part and Schedule 2 (and the related penalties provided for by regulation 60(1)(ha) and regulation 60(1)(hb)) only apply if at least some of that electricity is supplied otherwise than from that station (indirect supplies, see paragraph 20A(2) of the Act).

Annotations

Textual amendments

F1

Pt. 4A inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 19

F2

Reg. 51A renumbered as reg. 51A(1) (22.7.2005) by The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 7(1) (with reg. 6)

F3

Words in reg. 51A(1) substituted (1.4.2013) by The Climate Change Levy (General) (Amendment) Regulations 2013 (S.I. 2013/713), regs. 1, 5(a)

F4

Words in reg. 51A(1) substituted (1.7.2021) by The Climate Change Levy (General) (Amendment and Modification) Regulations 2021 (S.I. 2021/675), regs. 1(2), 2(a)(i)

F5

Words in reg. 51A(1) inserted (1.7.2021) by The Climate Change Levy (General) (Amendment and Modification) Regulations 2021 (S.I. 2021/675), regs. 1(2), 2(a)(ii)

F6

Words in reg. 51A(1) omitted (1.4.2015) by virtue of The Climate Change Levy (General) (Amendment) Regulations 2015 (S.I. 2015/947), regs. 1(1), 4(b) (with reg. 1(2))

F7

Words in reg. 51A(1) inserted (1.4.2015) by The Climate Change Levy (General) (Amendment) Regulations 2015 (S.I. 2015/947), regs. 1(1), 4(c) (with reg. 1(2))

F8

Word in reg. 51A inserted (1.1.2013) by The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/3049), regs. 1, 3(a)

F9

Words in reg. 51A inserted (1.1.2013) by The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/3049), regs. 1, 3(b)

F10

Reg. 51A(2) inserted (22.7.2005) by The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 7(2) (with reg. 6)

Modifications

C1

Reg. 51A(1) modified (temp.) (1.7.2021) by The Climate Change Levy (General) (Amendment and Modification) Regulations 2021 (S.I. 2021/675), regs. 1(2), 3