Regulation 18 ETII customersI1

England, Wales and Scotland

(1)

The customer under a supply contract is an ETII customer if—

(a)

energy supplied under the supply contract is—

(i)

energy supplied or otherwise made available, or

(ii)

energy used to make heating, hot water or electricity available,

to a certified ETII operator to carry on an ETII qualifying activity (“ETII energy”), and

(b)

the supplier under the supply contract has received that certified ETII operator’s ETII certificate in accordance with paragraph (2).

(2)

For the purposes of paragraph (1), a supplier may receive an ETII certificate—

(a)

if the customer under the supply contract is a certified ETII operator, from the Secretary of State or from the customer, or

(b)

from a provider that is its customer.

(3)

A certified ETII operator may send its ETII certificate to its immediate ETII provider.

(4)

Subject to paragraph (5), if a provider that is not a supplier receives an ETII certificate from a certified ETII operator or a lower-tier provider, the provider must as soon as reasonably practicable send the ETII certificate—

(a)

to each higher-tier provider, and

(b)

if the provider is a customer, to the Secretary of State.

(5)

If a provider that is not a supplier receives an ETII certificate and has no higher-tier provider, the provider must as soon as reasonably practicable give notice to the Secretary of State—

(a)

identifying the ETII certificate, and

(b)

stating that the provider—

(i)

has received the certificate, and

(ii)

is not a main scheme provider in relation to the certified ETII operator to which it relates.

(6)

A supplier that has an ETII customer must give notice—

(a)

unless it received the ETII certificate from the Secretary of State, to the Secretary of State, identifying the ETII customer as such;

(b)

to the ETII customer, informing or confirming to it that it is an ETII customer.

Annotations

Commencement

I1: Reg. 18 in force at 26.4.2023, see reg. 1(1)