Regulation 11 New regulation 12A inserted

After regulation 12 insert—

“Notices correcting and updating EII certificates

12A.

(1)

Subject to paragraph (5), where at any time after issuing an EII certificate the Secretary of State is satisfied that—

(a)

the proportion of electricity constituting EII excluded electricity specified in the certificate or, if a notice under this regulation has effect in relation to the certificate, in the notice; or

(b)

the start or end date of the period specified in the certificate or notice by reference to which the proportion is determined,

is incorrect, the Secretary of State must give a notice in relation to the certificate to the persons mentioned in paragraph (7) specifying the correct proportion or, as the case may be, the correct start or end date of the period.

(2)

Subject to paragraph (5), where the Secretary of State receives a report under regulation 12(4) (a “quarterly report”) in respect of an EII certificate that includes evidence under regulation 12(4D)(a), the Secretary of State must give a notice in relation to the certificate to the persons mentioned in paragraph (7) specifying—

(a)

the updated proportion; and

(b)

the start and end dates of the period by reference to which the updated proportion is determined.

(3)

The updated proportion is the proportion of electricity constituting EII excluded electricity mentioned in regulation 11(1)(a) determined in accordance with regulation 11 as if the application for the certificate had been made at the date of the quarterly report.

(4)

For the purposes of paragraph (3)—

(a)

the evidence included under regulation 12(4D)(a) in the quarterly report (and any evidence included under that sub-paragraph in any previous report under regulation 12(4) in respect of the certificate) must be treated as having been contained in the application;

(b)

the reference in regulation 11(3)(a) to the date of the application must be treated as a reference to the date of the quarterly report;

(c)

where a notice under regulation 12(7)(a) has been issued in respect of the certificate, the reference in regulation 11(4) to the business of the person applying for an EII certificate includes a reference to the business of the person identified in the notice.

(5)

Paragraphs (1) and (2) do not apply if the notice would take effect only after the EII certificate ceases to be valid.

(6)

A notice under paragraph (1) or (2)—

(a)

has effect from the 6th working day after it is given; and

(b)

ceases to have effect if a subsequent notice is given and has effect.

(7)

The persons are all of the following (except for any person for whom the Secretary of State does not hold a proper address)—

(a)

the person who applied for the EII certificate or, where a notice under regulation 12(7)(a) has been issued in respect of the certificate, the person identified in the notice;

(b)

where a notice under regulation 12(7)(b) has been issued in respect of the certificate, the person identified in the notice;

(c)

where an EII certificate has been issued to a third party under regulation 10(9), the third party;

(d)

the BSCCo;

(e)

the CFD counterparty.”.