Section 38B Passing of benefits to ultimate consumerF1

United Kingdom

(1)

This section applies for the purposes of section 38A(4)(h).

(2)

“Pass-through provision” is provision that—

(a)

applies where—

(i)

one person (“the intermediary”) receives benefits under the scheme in connection with qualifying premises, and

(ii)

another person (“the end-user”) who is not living as part of the same household as the intermediary consumes electricity supplied to the premises, and

(b)

requires the intermediary to pass on the substance of those benefits to the end-user.

(3)

“Associated provision” means provision that relates to pass-through provision and—

(a)

requires intermediaries to take steps to obtain benefits that will be subject to the requirement referred to in subsection (2)(b),

(b)

requires intermediaries to supply information to end-users,

(c)

provides for the making of payments to intermediaries (in addition to the provision of benefits of the sort mentioned in section 38A(1)), or

(d)

provides for the withdrawal or recovery of benefits given or other payments made to intermediaries who fail to comply with the requirement referred to in subsection (2)(b).

(4)

For the purposes of subsection (2)(a)(ii), the cases in which electricity is consumed by a person include those in which the electricity is used to make available to the person heating, cooling, hot water or energy.

Annotations

Textual amendments

F1: Ss. 38A-38D and cross-heading inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 27(2), 118(1)(n) (with s. 116)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))