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Regulation 28 Application and distribution of levy

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

(1)

Payments received by the Director in respect of a qualifying month pursuant to any of the preceding provisions of these regulations shall be applied and distributed by him in accordance with the following provisions of this regulation.

(2)

The Director shall deduct and retain from the payments mentioned in paragraph (1) the amount of the administrative expenses incurred by him in respect of the qualifying month as the person prescribed by these Regulations for the purposes of section 33(1)(b) and (c) of the Act.

(3)

Subject to paragraphs (6) and (7), the balance of the payments mentioned in paragraph (1) shall be applied to the making of payments in respect of each qualifying month to each public electricity supplier in respect of the amounts contemplated by subsections (3) and (6)(c) of section 33 of the Act as being payable to that supplier in respect of that month.

(4)

Each payment to a public electricity supplier pursuant to paragraph (3) shall be made to the supplier, or as he may direct.

(5)

Each payment pursuant to paragraph (3) shall, without prejudice to paragraphs (6) and (7), be made not less than one month after the end of the qualifying month mentioned in paragraph (1) but thereafter as soon as practicable.

(6)

If any of the payments mentioned in paragraph (1) are not received by the Director in time to be applied and distributed in accordance with the preceding provisions of this regulation, such payments shall, as soon as practicable after the payment mentioned in paragraph (5) has been made, be added in the appropriate amounts to the next payments due to be made under this regulation to the public electricity suppliers, or as they may direct.

(7)

For the purposes of paragraph (6), the appropriate amount as regards each payment mentioned in that paragraph in relation to each electricity supplier is an amount equal to the difference between–

(a)

the payment actually made to the supplier under paragraph (5); and

(b)

the payment which would have been made to that supplier if the payment first mentioned in this paragraph had been received by the Director in time for it to have been applied and distributed in accordance with paragraphs (2) to (5).

(8)

For the purposes of paragraphs (5) and (6), in deciding what is practicable the Director shall have regard to the need to protect confidential information relating to individuals.