Regulation 51C F1

(1)

The relevant Authority must neither certify electricity nor issue a CHP LEC as respects any electricity under any of the following circumstances.

(2)

The first circumstance is where the quantity of electricity in question is less than 1 MWh.

However the relevant Authority may aggregate or disaggregate such quantities relating to the same station, certifying each complete MWh as appropriate.

(3)

The second circumstance is where the relevant Authority is not satisfied that the CHP LEC, if issued, would represent electricity consumed or to be consumed in the United Kingdom.

For this purpose, the relevant Authority may have regard in particular to whether any part of that electricity is or may be allocated by the operator or a supplier for consumption outside the United Kingdom.

(4)

The third circumstance is any one or more of the following–

(a)

the operator not providing the relevant Authority with such information, particulars, records and declarations as the relevant Authority may require for the purposes of this Part or Schedule 2;

(b)

the operator not providing the relevant Authority with any updated readings the relevant Authority may require from any relevant electricity meter;

(c)

any authorised person not being granted, on request, access at any reasonable time to the station in question;

(d)

any authorised person not being permitted, on request and having been granted access to the station–

(i)

to inspect or test anything that is at the station and connected with the production or supply of any relevant electricity, and

(ii)

to inspect any records that are at that station and so connected;

(e)

any authorised person not, on request, being granted access to any premises at any reasonable time to take updated readings from any relevant electricity meter;

(f)

the operator having been notified of an assessment to a civil penalty or to penalty interest in relation to an event subject to this Part or Schedule 2 and, irrespective of any relevant review or appeal, that amount being unrecovered (for assessments, see paragraphs 106 and 111 of the Act; for review and appeal, see Part XI of the Act);

(g)

any one or more of sub-paragraphs (a) to (e) not being satisfied within such time as the relevant Authority considers reasonable for the purpose in question;

F2(h)

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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. 51C(4)(h) omitted (22.7.2005) by virtue of The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 7(7) (with reg. 6)