Article 3 Substantial suppliers to the United Kingdom market

A person who in the course of an undertaking carried on by him supplies petroleum products to persons for use by them as finished products is to be treated as a substantial supplier to the United Kingdom market for the purpose of section 6(2)(b) of the Energy Act 1976 if he has, during any period of 12 months ending not earlier than 3 months before the giving of a direction to him under that paragraph, supplied to persons (not being companies associated with the supplier in the same group) in the United Kingdom for such use there a total quantity of petroleum products which, together with the total quantity of petroleum products so used in that period by him or, if the supplier is a company, by that company and any company associated with it in the same group, exceeds 100,000 tonnes.

For the purposes of this Article companies are associated together in the same group if one is a subsidiary of the other or both are subsidiaries of a third (“subsidiary” having the same meaning as in the Companies Act 1948).