Regulation 13 New regulations 13ZA and 13ZB inserted

After regulation 13 insert—

“Extension of validity of certain EII certificates

13ZA.

(1)

This regulation applies to an EII certificate that—

(a)

was issued before this regulation comes into force;

(b)

in accordance with provision made by regulation 13(3)(b) (before its substitution by the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2019), was at the time of issue valid until the end of the financial year beginning on 1st April 2019 (that is to say, until the end of March 2020); and

(c)

is valid on the date on which this regulation comes into force.

(2)

An EII certificate to which this regulation applies is valid until the end of June 2020, unless revoked before then.

(3)

If this regulation comes into force on or after 1st April 2020, this regulation has effect with the following modifications—

(a)

in paragraph (1)(b)—

(i)

for “1st April 2019” substitute “1st April 2020”;

(ii)

for “March 2020” substitute “March 2021”;

(b)

in paragraph (2) for “June 2020” substitute “June 2021”.

Modification of Regulations if State aid decisions cease to be relevant

13ZB.

(1)

 This regulation applies if all of the decisions of the European Commission mentioned in paragraph (2) cease to be relevant to any question of law in the United Kingdom that relates to whether EII certificates may be issued under this Chapter.

(2)

The decisions are—

(a)

SA.43657 (2015/N) of 14th December 2015 (aid for indirect costs of renewable energy support in the UK)^f1;

(b)

SA.45155 (2017/N) of 12th June 2017 (amendment to the decision providing aid to exempt energy intensive users from the indirect costs of renewable obligation)^f2;

(c)

SA.52615 (2019/N) of 26th March 2019 (modification of the support scheme providing aid for indirect costs of renewable energy support)^f3.

(3)

These Regulations have effect as if the amendments made by regulations 7(3) to (5) and 8(2)(d) to (f), (3), (4) and (6) of the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2019 had not been made.”.