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Paragraph 16 Occupation of premisesF1

United Kingdom

(1)

Sub-paragraph (2) applies where—

(a)

A has an unconsumed supply; and

(b)

that unconsumed supply is consumed by a person (“B”) in respect of premises which B occupies with the permission of A.

(2)

Subject to F2sub-paragraphs (3) and (3A), paragraphs 14(3) and 15(3) do not apply to an unconsumed supply to which sub-paragraph (1) applies.

(3)

Sub-paragraph (2) does not apply where—

(a)

B is a Northern Ireland Department which occupies premises with the permission of A, and A is another Northern Ireland Department; or

(b)

B has entered into a construction lease with A in respect of the premises described in paragraph (1)(b).

(F33A)

Sub-paragraph (2) does not apply where—

(a)

the unconsumed supply is consumed by B—

(i)

before IP completion day, on the premises occupied by B to operate an EU ETS installation;

(ii)

on or after IP completion day, on the premises occupied by B in circumstances which, had that supply been consumed before IP completion day, would have been treated as falling within sub-paragraph (i);

(b)

the unconsumed supply is consumed by B on the premises occupied by B to operate a CCA facility;

(c)

the unconsumed supply is consumed by B on the premises occupied by B to operate a metallurgical process; or

(d)

the unconsumed supply is consumed by B on the premises occupied by B to operate a mineralogical process.

(4)

A “construction lease” is a lease entered into between A and B for a minimum period of 30 years where—

(a)

B covenants—

(i)

to obtain all necessary consents and approvals and to erect fencing or erect a building on the premises within a period of not more than 2 years from the lease commencement date;

(ii)

to install all necessary gas, electricity and water supplies to the premises to comply with statutory requirements within a period of not more than 2 years from the lease commencement date; and

(iii)

if required by A, to remove any buildings or works constructed by B on the premises at termination of the lease; and

(b)

A covenants to compensate B for any improvements made to the premises by B during the period of the lease.

Annotations

Textual amendments

F1

Order revoked (with savings) (1.10.2018) by The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (S.I. 2018/841), arts. 1, 3

F2

Words in Sch. 1 para. 16(2) substituted (1.4.2014) by The CRC Energy Efficiency Scheme (Amendment) Order 2014 (S.I. 2014/502), arts. 1(1), 6(6)(a)

F3

Sch. 1 para. 16(3A) substituted (31.12.2020) by The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336), regs. 1, 2(2)(a) (as amended by S.I. 2020/711, regs. 1(2), 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)