OpenLegislation

Paragraph 29A Metallurgical and mineralogical processes consumptionF1F2

(1)

Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that that supply is consumed by A for the purposes of operating a metallurgical process or a mineralogical process.

(2)

A is supplied with electricity or gas where A decides that such a supply is not consumed for the purposes of operating a metallurgical process or a mineralogical process.

(3)

A decision made under sub-paragraph (2)—

(a)

may be made in respect of a phase where such a decision is made on or before the date the participant submits its first annual report for that phase; and

(b)

must not be altered during that phase.

(4)

“Metallurgical process” means—

(a)

any process falling within—

(i)

Division 24 of NACE Rev 2, except a process falling within Group 24.46; or

(ii)

Group 25.5 of NACE Rev 2, except a process involving sheet metal; or

(b)

the following processes falling within Group 25.6 of NACE Rev 2—

(i)

plating, anodising, or other similar processing of metals;

(ii)

heat treatment of metals; or

(iii)

where carried out in conjunction with a process falling within paragraph (a), deburring, sandblasting, tumbling or cleaning of metals.

(5)

In sub-paragraph (4), “NACE Rev 2” F3as it applied immediately before IP completion day has the same meaning as it has in Article 1(1) of Regulation (EC) No 1893/2006 of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and a reference to “Division” and “Group” is to those matters as set out in Annex 1 to the Regulation.

(6)

“Mineralogical process” has the same meaning as it has in Article 2(4)(b) of Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity.

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

Sch. 1 para. 29A inserted (1.4.2014) by The CRC Energy Efficiency Scheme (Amendment) Order 2014 (S.I. 2014/502), arts. 1(1), 6(7)

F3

Words in Sch. 1 para. 29A(5) inserted (31.12.2020) by The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336), regs. 1, 2(2)(c) (as amended by S.I. 2020/711, regs. 1(2), 3(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)