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Section 10 Payment of surpluses to levy payersI1

United Kingdom

(1)

The Secretary of State may by regulations—

(a)

require the designated counterparty, in the event that it has a surplus (whether derived from payments made to it under revenue certainty contracts (see section 1(2)(b)) or otherwise), to make payments to persons who have had to pay the levy;

(b)

require a person who receives such a payment to ensure that its customers receive such benefits from the payment as may be specified in or determined in accordance with the regulations.

(2)

The regulations may, in particular, make provision about—

(a)

what amounts to a surplus, including provision about the method by which the surplus is to be determined and the period by reference to which it is to be determined whether there is a surplus;

(b)

the method by which the amount of a payment to a person is to be determined.

(3)

The regulations may make provision for payments to be provided subject to conditions as to repayment in the event that the recipient fails to comply with a requirement imposed under subsection (1)(b).

Annotations

Commencement

I1

S. 10 in force at Royal Assent, see s. 19(1)