Article 16 Substantial suppliers to the United Kingdom market

(1)

A person (“S”) is a substantial supplier to the United Kingdom for the purpose of section 6(2)(b) of the 1976 Act if during a relevant period—

(a)

S supplied crude liquid petroleum or petroleum products to the United Kingdom market in the course of carrying on an undertaking; and

(b)

the amount supplied by S exceeded 50,000 tonnes.

(2)

For the purpose of paragraph (1)(b), the amount supplied is the total amount of crude liquid petroleum or petroleum products—

(a)

used in the United Kingdom by S and, if S is a company, by any company associated with S;

(b)

supplied by S to another person for use in the United Kingdom.

(3)

In this article—

“holding company” and “subsidiary” are to be construed in accordance with section 1159 of the Companies Act 2006 M1;
“relevant period” means a period of 12 months starting not earlier than 18 months before, and ending not earlier than 3 months before, the date when the Secretary of State is minded to give a direction to S under section 6(2)(b).

(4)

For the purposes of this article, a company (“C”) is associated with S where—

(a)

C is a subsidiary of S;

(b)

S is a subsidiary of C;

(c)

C and S are subsidiaries of the same holding company.

Annotations

M1: 2006 c.46. Amendments have been made that are not relevant for these purposes.