Paragraph 47

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 6 para. 5(3) word omitted by Finance Act 2016 s. 144(2)(a)
Sch. 6 para. 19 20 omitted by Finance Act 2016 s. 144(2)(b)
Sch. 6 para. 24(2) omitted by Finance Act 2016 s. 144(2)(b)
Sch. 6 para. 20A omitted by Finance Act 2012 Sch. 32 para. 22(2)(b)
Sch. 6 para. 5(3) words omitted by Finance Act 2012 Sch. 32 para. 22(2)(a)
Sch. 6 para. 20B omitted by Finance Act 2012 Sch. 32 para. 22(2)(b)
Sch. 6 para. 24(2) words omitted by Finance Act 2012 Sch. 32 para. 22(2)(c)(i)
Sch. 6 para. 24(2) words omitted by Finance Act 2012 Sch. 32 para. 22(2)(c)(ii)
Sch. 6 para. 24(2) words omitted by Finance Act 2012 Sch. 32 para. 22(2)(c)(iii)
Sch. 6 para. 149A omitted by Finance Act 2012 Sch. 32 para. 22(2)(d)

(1)

An agreement (including one entered into before the passing of this Act) falls within this paragraph if it is an agreement—

(a)

entered into with the F1Administrator,

(b)

expressed to be entered into for the purposes of the reduced rate of climate change levy,

(c)

identifying the facilities to which it applies,

(d)

to which a representative of each facility to which it applies is a party,

(e)

setting, or providing for the setting of, targets for the facilities to which it applies,

(f)

specifying certification periods (as to which see paragraph 49(1)) for the facilities to which it applies, F2...

(g)

providing for F3seven-yearly (or more frequent) reviews by the Secretary of State F4or the Administrator of targets set by or under the agreement for those facilities and for giving effect to outcomes of such reviews F5, and

(h)

containing any terms required by regulations falling within paragraph 52E.

(2)

In this paragraph and paragraph 48 “representative”, in relation to a facility to which an agreement applies, means—

(a)

the person who is the operator of the facility at—

(i)

the time the agreement is entered into, or

(ii)

if later, the time the facility last became a facility to which the agreement applies,

(b)

a person authorised by that operator to agree to the facility being a facility to which the agreement applies.

Annotations

Textual amendments

F1: Word in Sch. 6 para. 47(1)(a) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 31 para. 6(a) (with Sch. 31 para. 11)
F2: Word in Sch. 6 para. 47(1) omitted (17.7.2012) by virtue of Finance Act 2012 (c. 14), Sch. 31 para. 6(b) (with Sch. 31 para. 11)
F3: Words in Sch. 6 para. 47(1)(g) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 31 para. 6(c)(i) (with Sch. 31 para. 11)
F4: Words in Sch. 6 para. 47(1)(g) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 31 para. 6(c)(ii) (with Sch. 31 para. 11)
F5: Sch. 6 para. 47(1)(h) and word inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 31 para. 6(d) (with Sch. 31 para. 11)

Notes on Schedule 6

Modifications

C1: Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3
C2: Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)

Notes on Part IV

Modifications

C1: Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3

Notes on Climate change agreements: direct agreement ...

Textual amendments

F1: Words in Sch. 6 para. 47 heading omitted (17.7.2012) by virtue of Finance Act 2012 (c. 14), Sch. 31 para. 5 (with Sch. 31 para. 11)