United Kingdom Statutory Instruments

"the Act" means the Electricity Act 1989;

"Amount" has the meaning given in regulation 5;

"auditor's certificate" means a statement given by - 

"C" is the aggregate payments paid or due to be paid by the nominated person in the relevant period pursuant to or otherwise arising from qualifying arrangements (to the extent not already taken into account in the calculation of the Amount for a previous levy payment date);

"A" is the aggregate payments received by the nominated person during the relevant period in relation to sales of electricity or rights relating to electricity generated pursuant to qualifying arrangements;

"a" is, subject to pararaph (4), the costs (other than interest) reasonably incurred by the nominated person in relation to the business in the relevant period;

"ii" is interest received by the nominated person in the relevant period on any sums held by it in relation to the business;

"io" is interest paid by the nominated person in the relevant period on borrowings made by it in order to enable it to conduct the business efficiently provided that the interest rate with reference to which such interest is calculated does not exceed the prescribed interest rate;

"x" is zero unless the Authority has determined an amount in accordance with paragraph (6), in which case "x" is that amount;

"y" is zero unless an amount is due to be paid on the levy payment date pursuant to regulation 28(5) and (6), in which case "y" is that amount; and

"z" is zero unless the Authority has determined any amount in accordance with paragraph (7), in which case "z" is the aggregate of any such amounts.

(a) the likely amount required by regulation 5 to be paid by or to the nominated person;

(b) the likely aggregate amount of all interest payments to be paid pursuant to regulation 29(1) less the likely aggregate amount of all interest payments to be paid pursuant to regulation 29(2);

(c) the amount of the administrative expenses of the Authority likely to be deducted and retained by it in accordance with regulation 28(2);

(d) the aggregate amount of all interest payments likely to be received pursuant to regulation 30;

(e) the aggregate amount of any money likely to be held or invested by the Authority having been received pursuant to these regulations; and

(f) the aggregate amount (exclusive of the levy, value added tax and climate change levy) likely to be charged (whether or not a bill or invoice has been delivered to a customer) by licensed suppliers for leviable electricity supplied by them.

    (3) At least fourteen days before any notification under paragraph (4) is issued, the Authority shall consult the Secretary of State on the calculation or review of the levy rate and shall provide the Secretary of State with all assumptions, information and data upon which the calculation or review is based. The Secretary of State may make representations to the Authority in relation to the intended rate of the levy and the Authority shall take account of any such representations before issuing the notification referred to in paragraph (4).

    (4) Having calculated or reviewed the rate of the levy the Authority shall notify the rate of the levy to the Secretary of State, the nominated person and each licensed supplier. Any change in the rate of the levy shall be notified to the above persons at least three months before the commencement of the qualifying month, or the first of the qualifying months, to which it applies.

    (5) The Authority shall also notify the rate of the levy to the applicant for a licence under section 6(1)(c) or (2) of the Act - 

(a) in the case of a licence under section 6(1)(c), at the same time as the publication in relation to the licence of the notice mentioned in section 6(4) and (5) of the Act; and

(b) in the case of a licence under section 6(2), at the time the licence is granted.

(a) a direction is given by or on behalf of the supplier in or pursuant to that agreement requiring the delivery during a qualifying month of a quantity (specified in or calculated in accordance with the direction and being either the whole or a part less than the whole) of the electricity generated by that station;

(b) the specified quantity of electricity is so generated and is delivered in accordance with such direction;

(c) at the time of delivery it is not physically impossible for an amount of electricity equal to the specified quantity of electricity to have been conveyed from the station to the point of delivery or, as the case may be, in the aggregate to the points of supply; and

(d) the supplier supplies in the same qualifying month a quantity of electricity at least equal to the quantity specified in or calculated in accordance with his direction,

then, and subject to evidence of the above-mentioned matters being provided to the reasonable satisfaction of the Authority, and subject to regulations 9 and 10, for the purposes of these Regulations the licensed supplier shall be regarded as having supplied during that qualifying month a quantity of electricity other than leviable electricity generated by the generating station mentioned in paragraph (a) of this regulation equal to whichever is the lesser of the quantity mentioned in that paragraph and the quantity of electricity generated and delivered as mentioned in paragraph (b) of this regulation.

    (2) In relation to supplies of leviable electricity, paragraph (1) shall apply as if it referred to leviable electricity instead of to electricity other than leviable electricity with the exception that evidence of the matters mentioned in sub-paragraphs (a) to (d) of paragraph (1) only need be provided to the Authority if it so requests.".

(a) set out the manner in which the licensed supplier has calculated the amount of the payment mentioned in paragraph (1); and

(b) without prejudice to the generality of sub-paragraph (a) of this paragraph, include the best estimate the supplier can make (after taking into account the effect in relation to him of regulations 8 to 10 during the qualifying month in question) of the quantities (expressed in kilowatt hours) of - 


(i) leviable electricity;

(ii) electricity other than leviable electricity;



supplied by him during the qualifying month in question; and

(c) set out the price per kilowatt hour at which the supplier purchased the supplies of leviable electricity supplied by him during the qualifying month in question.

    (3) With each statement in accordance with this regulation the licensed supplier shall also furnish to the Authority such evidence as may be available to him to justify the estimate mentioned in sub-paragraph (b) of paragraph (2) including (but without prejudice to the generality of the foregoing) evidence of the effect in relation to him of regulations 8 to 10 during the qualifying month.".

(a) any price below the purchase price which he is charging for leviable electricity;

(b) the manner in which that price has been calculated; and

(c) any reasons which the supplier may have to justify a belief on his part that it is appropriate in all the circumstances for amounts payable by him in respect of the levy to be calculated by reference to that lower price.

(a) the payment actually made to the nominated person under paragraph (4); and

(b) the payment which would have been made to the nominated person if the payment first mentioned in this paragraph had been received by the Authority in time for it to have been applied and distributed in accordance with paragraphs (2) to (4).".

(a) all payments received by it pursuant to any of the preceding provisions (except regulations 29 and 30) of these Regulations;

(b) all relevant interest payments received by it; and

(c) all administrative expenses incurred by it in connection with the levy.

    (2) The Authority shall maintain one or more bank accounts for all payments received by it pursuant to these Regulations, and shall keep such account or accounts separate from all other bank accounts maintained by it.

    (3) The Authority shall send a statement of the amount standing for the time being to the credit of any such account as is mentioned in paragraph (2) to the Secretary of State and the nominated person at monthly intervals.

    (4) The Authority shall also send a statement of the administrative expenses incurred by it in connection with the levy and of the costs of the nominated person (defined as ``a'' in regulation 5) to the licensed suppliers and the nominated person at intervals of not more than six months.

    (5) Within ten banking days of the end of each month the Authority shall also send to the Secretary of State a statement of aggregate levy receipts, relevant interest payments, the Authority's administrative expenses and payments made to or received from the nominated person during that month.".

(a) a licensed supplier;

(b) a licensed transmitter;

(c) a licensed generator; or

(d) the nominated person,

require that person to furnish, at such reasonable time and place as may be, and in the form and manner, specified in the notice, to the Authority such information of a description contained in the Schedule as may be specified in the notice.

    (2) No person shall be required, when complying with a notice under paragraph (1), to give any information which he could not be compelled to give in evidence in civil proceedings in the High Court.

    (3) Any person furnishing information to the Authority in accordance with a notice under paragraph (1) shall, if the notice so requires, provide an auditor's certificate that such information, or any such part of that information as may be specified in the notice, is fairly stated and properly compiled.".

(i) in sub-paragraph (b) of the definition of "prescribed period", after the words "in the case of" the words "the nominated person" shall be inserted; and

(ii) in sub-paragraph (b) of the definition of "relevant records", before the words "a licensed supplier" there shall be inserted the words "the nominated person,".

(a) payments under regulation 41 (instead of regulation 11);

(b) payments by the nominated person (instead of by licensed suppliers); and

(c) interest payments under regulation 41(4) (instead of under regulation 29(1)).

    (2) In relation to any payments required to be made to the nominated person in accordance with regulation 28, regulations 24, 25 and 26 shall apply as if - 

(a) they referred to payments under regulation 28 (instead of regulation 11);

(b) they referred to payments to the nominated person (instead of to licensed suppliers); and

(c) there were no reference to interest under regulation 29(2).

" ; and

(d) aggregate payments received or due to be received by the nominated person in relation to sales of electricity or rights relating to electricity generated pursuant to qualifying arrangements.";

(c) in paragaph 3(f) after the words "value added tax" insert the words ", climate change levy";

(d) in paragraph 3(g) after the words "value added tax" insert the words "and climate change levy";

(e) in paragraph 7 replace the words "regulations 3 to 40 and 42" with "these Regulations"; and

(f) at the end of paragraph 15 insert the following - 

(a) each of the items defined in regulation 5 as "C", "A", "a", "ii", "io", "y" and the Amount;

(b) total quantities of electricity made available to the nominated person under qualifying arrangements and total quantities made available under each individual qualifying arrangement, measured by a meter installed for the purpose and expressed in kilowatt hours;

(c) the price per kilowatt hour at which the nominated person purchases electricity under each individual qualifying arrangement and the price at which he sells rights to such electricity; and

(d) information which the Authority may reasonably require in order to assess compliance by the nominated person with the debt recovery procedure, the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 and these Regulations.