Regulation 52 Self-supply of electricity by producerI1
United Kingdom
For the purposes of paragraph 23(3)(b)(ii) of the Act (self-supply by producer of electricity from taxable commodities), electricity shall be treated as produced from taxable commodities except to the extent that—
it is produced from material that is not a taxable commodity for the purposes of the Act (see paragraph 3 of the Act); F1...
it constitutes renewable source electricity as prescribed by regulation 47 (excluding, for this purpose, regulation 48) F2; or
it is produced from a taxable commodity (other than electricity) which was not the subject of a deemed supply under paragraph 24A, 24B, 24C or 24D of the Act.
Electricity shall not be regarded as falling within paragraph (1)(a) to the extent that it is produced by or in—
a large hydro generating station within the meaning of regulation 47(2), or
a nuclear power station.
Accordingly electricity produced by or in a large hydro station or a nuclear power station shall be treated as produced from taxable commodities for the purposes of paragraph 23(3)(b)(ii) of the Act.
For the purposes of paragraph (1)(c), a commodity shall be treated as having been the subject of a deemed supply if it would have been the subject of such a supply had the reference in paragraph 24A(1)(a) or, as the case may be, 24B(1)(a) of the Act to Great Britain been a reference to the United Kingdom instead.
Annotations
Textual amendments
- F1
Word in reg. 52(1)(a) omitted (1.4.2013) by virtue of The Climate Change Levy (General) (Amendment) Regulations 2013 (S.I. 2013/713), regs. 1, 9(a)(i)
- F2
Word in reg. 52(1)(b) substituted (1.4.2013) by The Climate Change Levy (General) (Amendment) Regulations 2013 (S.I. 2013/713), regs. 1, 9(a)(ii)
- F3
Reg. 52(1)(c) inserted (1.4.2013) by The Climate Change Levy (General) (Amendment) Regulations 2013 (S.I. 2013/713), regs. 1, 9(a)(iii)
- F4
Reg. 52(4) inserted (1.4.2013) by The Climate Change Levy (General) (Amendment) Regulations 2013 (S.I. 2013/713), regs. 1, 9(b)
Commencement
- I1
Reg. 52 in force at 1.4.2001, see reg. 1