Paragraph 17

in the heading “Electricity, gas and fuels: general”, substitute “Electricity and gas: general”;

in paragraph 1 (electricity)—

for paragraph 2(3) (gas), substitute—

“(3)

In sub-paragraph (1)(c), a “metering device” is a device which during a year of a phase measures more than 73,200 kWh of gas supplied, in relation to the supply of gas.”;

omit paragraphs 3 (fuels) and 4 (fuels table);

for paragraph 5 (measurement units), substitute—

“Measurement units

5.

Where in this Order information must be provided concerning a supply of electricity or gas, the amount of that supply must be expressed in kWh.”.

wherever “, gas or fuel” appears substitute in each case “or gas”;

for paragraph 22 (purposes of transport), substitute—

“Purposes of transport

22.

(1)

In paragraph 19, electricity or gas is consumed for the purposes of transport where it is used—

(a)

by a road going vehicle, a vessel, an aircraft or a train;

(b)

in relation to railways, for network services except where electricity or gas is used to provide power, heat or light to a building; or

(c)

to provide power for the operation of a conveyor belt which is—

(i)

at least 8 kilometres in length; and

(ii)

used to transport materials to an off site facility from which facility the materials will be transported on a railway or a vessel using inland waters.

(2)

The following definitions have effect for the purposes of sub-paragraph (1)—

• “aircraft” means a self-propelled machine that can move through the air other than against the earth’s surface;

• “inland waters” means—

  1. (a)

     any river, steam or other watercourse, whether natural or artificial and whether tidal or not;

  2. (b)

     any lough, lake or pond, whether natural or artificial, and any reservoir or dock; and

  3. (c)

     any channel, creek, bay, estuary or arm of the sea;

• “network services” has the same meaning it has in section 82 of the Railways Act 1993^f2 but as if section 82(3)(h) of that Act did not apply;

• “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992^f3;

• “road going vehicle” means any vehicle—

  1. (a)

     in respect of which a vehicle licence is required under the Vehicle Excise and Registration Act 1994^f4;

  2. (b)

     which is an exempt vehicle under that Act; or

  3. (c)

     which is required to display a certificate of Crown exemption under regulation 31 of the Road Vehicles (Registration and Licensing) Regulations 2002^f5;

• “train” has the same meaning it has in section 83 of the Railways Act 1993;

• “vessel” means any boat or ship which is self-propelled and operates in or under water.

Consumption of gas for purposes other than heating

22A.

A is not supplied with gas to the extent that supply is consumed by A for purposes other than for the purposes of heating.

Purposes of heating

22B.

(1)

In paragraph 22A, gas is consumed for the purposes of heating where it is used as part of a process where the primary purpose of that process is the generation of heat.

(2)

Gas used in the process of combined heat and power generation is not consumed for the purposes of heating.

Minimal gas heating supply levels

22C.

(1)

Sub-paragraph (2) applies where the amount of gas supplied to A for the purposes of heating is less than 2% of the amount of electricity supplied to A in the first annual reporting year of a phase (“minimal gas heating supply”).

(2)

Where this sub-paragraph applies, A may decide that minimal gas heating supply is not consumed for the purposes of heating.

(3)

A decision under sub-paragraph (2)—

(a)

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

(b)

must not be altered during the phase.”.

in paragraph 25(1) (additions to supplies), for “, gas or fuel” substitute “or gas”;

omit paragraph 27 (estimation adjustment: fuels).

for paragraph 28(1)(b)(ii) (renewables generation: electricity), substitute—

“(ii)

A is in receipt of a financial incentive made by virtue of a scheme under section 41 of the Energy Act 2008^f6; and”;

for paragraph 29 (amount of emissions), substitute—

“Amount of emissions

29.

The emissions in tCO₂ from an amount of electricity or gas supplied is found by applying to that amount the relevant conversion factor.”;

in paragraph 30(a) (conversion factors), for “www.decc.gov.uk”, substitute “www.gov.uk/decc”.