Article 5 Excepted suppliesI1

United Kingdom

The supplies referred to in article 3(2) are—

(a)

a supply of specified goods made by a person who holds a supply licence in relation to that supply;

(b)

a supply of specified goods by a directed utility to an end user for consumption;

(c)

a supply of specified goods deemed to have been made pursuant to a contract under—

(i)

paragraph 3(1) or (2) of Schedule 6 to the Electricity Act 1989 (the electricity code: deemed contracts in certain cases)^f1;

(ii)

paragraph 8(1) or (2) of Schedule 2B to the Gas Act 1986 (the gas code: deemed contracts in certain cases)^f2;

(iii)

paragraph 3(1) or (2) of Schedule 6 to the Electricity (Northern Ireland) Order 1992 (the electricity supply code: deemed contracts)^f3; or

(iv)

section 12(1) or (2) of the Energy Act (Northern Ireland) 2011 (gas: deemed contracts for supply in certain cases)^f4;

(d)

a supply of specified goods made to a directed utility for the purpose of —

(i)

consumption by the directed utility, or

(ii)

onward supply by the directed utility to an end user for consumption;

(e)

a supply of specified goods made by a person who, in relation to that supply, is exempted from the requirement to hold a supply licence under —

(i)

article 5 of the Gas Exemptions Order 2011 (supplier exemptions)^f5;

(ii)

paragraph 1, 2, 4 or 5 of Schedule 2A to the Gas Act 1986 (exceptions to prohibition on unlicensed activities)^f6;

(iii)

article 7(1) of the Gas (Northern Ireland) Order 1996 (exemptions)^f7;

(iv)

article 3(1)(c) of, and Schedule 4 to, the Electricity (Class Exemptions from the Requirements for a Licence) Order 2001^f8;

(v)

article 9(1) of the Electricity (Northern Ireland) Order 1992 (exemptions)^f9; or

(vi)

article 3(1)(c) of, and Schedule 3 to, the Electricity (Class Exemptions from the Requirement for a Licence) Order (Northern Ireland) 2013^f10;

(f)

a supply to which section 9A of the Act (reverse charge on gas, electricity, heat or cooling supplied by persons outside the United Kingdom)^f11 applies;

(g)

a supply of electricity made by an accredited FIT installation;

(h)

a supply of specified goods—

(i)

to a third party intermediary; or

(ii)

by a third party intermediary;

(i)

any other supply of specified goods which is not a wholesale supply.

Annotations

Commencement

I1: Art. 5 in force at 1.7.2014, see art. 1(2)

Footnotes

f1: 1989 c.29. The provisions of Schedule 6 were substituted by section 51 of, and Schedule 4 to, the Utilities Act 2000 (c.27).
f2: 1986 c.44. Schedule 2B was inserted by section 9(2) of, and Schedule 2 to, the Gas Act 1995 (c.45). Paragraph 8(2) of Schedule 2B was amended by section 108 of, and Schedule 8 to, the Utilities Act 2000 (c.27). Other amendments have been made to Schedule 2B but none is relevant.
f3: The provisions of Schedule 6 were substituted by S.R. 2007/321. There are other amending instruments but none is relevant.
f4: 2011 c.6.
f5: S.I. 2011/232.
f6: Schedule 2A was inserted by section 3(2) of, and Schedule 1 to, the Gas Act 1995 (c.45).
f7: S.I. 1996/275 (N.I.2) which was relevantly amended by S.R. 2013/92.
f8: S.I. 2001/3270.
f9: Article 9(1) was amended by S.I. 2007/913 (N.I.7) and S.R. 2011/155.
f10: S.R. 2013/93.
f11: Section 9A was inserted by section 21(1) of the Finance Act 2004 (c.12) and amended by section 20(1) of the Finance (No. 3) Act 2010 (c.33).