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Regulation 14 Excess quantities from generating stations

Original text. Later amendments are not shown.

(1)

This regulation shall apply if at any time the Director considers (after taking into account the effect of regulations 8 to 10) that any one or more of the licensed suppliers is or (as the case may be) are purporting to have supplied during any qualifying month quantities of electricity generated by a relevant station or stations–

(a)

which are greater than the quantities which the Director has reason to believe were generated by such station or stations (as adjusted pursuant to regulations 9 and 10) during that qualifying month; or

(b)

which the Director, whether by reason of evidence produced to him pursuant to regulation 8 or otherwise, is not satisfied was attributable to electricity generated by such station or stations (as adjusted pursuant to regulations 9 and 10) during that qualifying month.

(2)

In any case where this regulation applies, the Director may (after taking into account any relevant evidence produced for the purposes of regulations 8 to 10) reduce the quantities which the relevant supplier is purporting to have supplied in the appropriate manner.

(3)

For the purposes of paragraph (2), the appropriate manner is a manner which takes into account evidence produced for the purposes of regulations 8 to 10 and, subject thereto, which causes each quantity purported to have been supplied by a supplier mentioned in paragraph (1) as reduced by the Director to bear the same proportion to the aggregate of the quantities as so reduced as each quantity purported to have been so supplied bears to the aggregate of such quantities.

(4)

As soon as he has reduced quantities in accordance with paragraphs (2) and (3), the Director shall serve on each licensed supplier concerned a notice setting out any quantities so reduced and the quantities from which they have been reduced which are relevant to that supplier.

(5)

As soon as he receives a notice served under paragraph (4), the licensed supplier shall forthwith recalculate the amount of the payment in respect of the levy due from him in respect of the qualifying month in question on the basis of the reduced quantities set out in that notice, and as the circumstances may require–

(a)

the supplier shall forthwith thereafter pay to the Director the difference between–

(i)

the amount already due from him in respect of that month; and

(ii)

the amount shown to be due by the recalculation in accordance with this paragraph; or

(b)

the supplier may deduct from the next payment due from him under regulation 11 an amount equal to the difference between the amounts mentioned in sub-paragraph (a) of this paragraph,

(together, in each case, with an amount in respect of interest in accordance with regulation 29).

(6)

At the same time as he makes a payment in accordance with paragraph (5), the licensed supplier shall furnish the Director with a copy of the recalculation made in accordance with that paragraph.

(7)

Any reference in this regulation to a relevant station or stations is a reference to a particular generating station or generating stations of a particular description.