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STATUTORY INSTRUMENTS


2003 No. 604

CLIMATE CHANGE LEVY

The Climate Change Levy (General) (Amendment) Regulations 2003

  Made 11th March 2003 
  Laid before the House of Commons 11th March 2003 
  Coming into force 1st April 2003 

The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 30 of and Schedule 6 paragraphs 19, 20A, 22, 41, 125, 146 and 149A to the Finance Act 2000[1], hereby make the following Regulations:

     1. These Regulations may be cited as the Climate Change Levy (General) (Amendment) Regulations 2003 and come into force on 1 April 2003.

    
2. The Climate Change Levy (General) Regulations 2001[2] are amended as follows.

     3. In regulation 2(1), substitute "the Schedules" for "the Schedule" and omit the expression ""Schedule" refers to the Schedule to these Regulations;".

    
4. In regulations 5(1)(b), 8(g), 12(1), 12(2), 27(3)(b), 33, 34(3), 35(3), 36(3), 38(1), 38(3), 39(2), 43(4), 59(2)(b) and 60(1)(h), substitute "Schedule 1" for each reference to "the Schedule" or "The Schedule".

    
5. In regulation 6A in the meaning given for "transitional accounting period", substitute "first current accounting year" for "first accounting year".

    
6. In regulations 6D(2)(a) and 6E(1)(e), substitute "transitional accounting period" for "transitional period".

    
7. In regulation 6E(1)(d), insert "accounting period" immediately after "transitional".

    
8. Insert after regulation 8(c) - 

     9. Renumber regulation 46(1) as regulation 46 and insert after the meaning given for "exempt renewable supplies" - 

     10. Omit regulations 46(2), 46(3) and 46(4).

    
11. In regulation 47(2) - 

     12. In regulations 47(3) and 47(9), insert "biomass or" immediately before each use of the word "waste".

    
13. Insert after regulation 47(5) - 

     14. Omit regulation 47(14).

    
15. Insert after regulation 48(1) - 

     16. Insert after regulation 48(3) - 

     17. Substitute for "the relevant levy exemption certificates" in regulations 49(4)(a)(iii) and 49(4)(b)(iii) the expression "any relevant Renewables LEC (and, if different from the relevant recipient, the identity of any person to whom entitlement to that Renewables LEC is transferred)".

    
18. Substitute "Renewables LEC" for "LEC" in regulations 48(2), 48(3), 49(1) and 49(3).

    
19. Insert after Part IV - 



     20. Insert immediately after regulation 60(1)(h) - 

     21. Renumber the existing Schedule "Schedule 1".

    
22. Insert as Schedule 2 - 




M J ELAND
Commissioner of Customs and Excise

New King's Beam House, London SE1 9PJ
11 March 2003



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations come into force on 1 April 2003 and amend the Climate Change Levy (General) Regulations 2001 (S.I. 2001/838) (the "General Regulations").

Combined heat and power stations
Regulations 19, 20 and 22 insert new provisions into the General Regulations.

Those inserted by regulation 19 provide for electricity produced in a combined heat and power station to be so certified by the Gas and Electricity Markets Authority (or the Director General of Electricity Supply for Northern Ireland). The existing favourable CCL[
14] treatment afforded to such electricity becomes subject to such certification. The new CCL exemption[15] for supplies of such electricity that are not made from the relevant station are subjected to these certification requirements as well as to other formalities. These formalities parallel those that already apply to the exemption for renewable source electricity[16], but with an additional requirement relating to conformity with the Community guidelines on State aid for environmental protection[17].

Regulation 22 inserts certain record-keeping and reconciliation requirements on which favourable CCL treatment is made to depend. These requirements are for the better, quantitative application of the favourable CCL treatment afforded to electricity produced in combined heat and power stations.

Regulation 20 inserts relevant penalty provisions.

The CHPQA Guidance Note 15 Version 1 referred to in regulation 19 (inserted regulation 51B(5)) is available on the World Wide Web at http://chpqa.com or from the CHPQA Administrator, telephone 01235 432868.

Renewable source electricity
Supplies of renewable source electricity can be exempt from CCL. Biomass is prescribed as, and peat is excluded from being, a renewable source by the amendments made to the General Regulations by regulations 11 to 13. The provisions inserted by regulations 15 to 16 refine the existing certification process for renewable source electricity. Accurate figures for electricity production must now be finalised no later than 2 months after the month of production. The levy exemption certificates (Renewables LECs) are to be regarded as only relating to a given batch of electricity, may be issued in just multiples of 1 megawatt-hour and may be withheld if the quantity of electricity in question is for consumption outside the United Kingdom.

Consequential amendments and corrections
Regulations 3 to 10, 14, 17, 18 and 21 make consequential amendments and typographical corrections.


Notes:

[1] 2000 c. 17; paragraph 147 of Schedule 6 to the Finance Act 2000 provides that in that Schedule the Commissioners means the Commissioners of Customs and Excise. Paragraphs 20A and 149A inserted respectively by section 123 and section 124 of the Finance Act 2002 (c. 23).back

[2] S.I. 2001/838; amended by S.I. 2002/1152.back

[3] Regulation 2(1) of S.I. 2001/838, which these Regulations amend, provides that "the Act" refers to Schedule 6 to the Finance Act 2000.back

[4] S.I. 2001/486.back

[5] Paragraph 20A (and paragraph 20B) inserted by section 123 of the Finance Act 2002 (c. 23).back

[6] See S.I. 2001/486.back

[7] See S.I. 2001/1140.back

[8] See S.I. 2001/1140 regulation 5(2) (specified limit above which supplies of electricity from partly exempt CHP not exempt).back

[9] Version 1 posted on 31 January 2003 and available at http://www.chpqa.com. The metering requirements are in GN 15.7.back

[10] Regulation 2(1) of S.I. 2001/838, which these Regulations amend, provides that "CCL" refers to climate change levy.back

[11] S.I. 2001/1136.back

[12] OJ C 37, 3.2.2001, p. 3; available also on the World Wide Web at http://europa.eu.int.back

[13] S.I. 2001/486.back

[14] Climate change levy.back

[15] See S.I. 2003/603 (C. 31); the day appointed for the exemption is 1 April 2003.back

[16] See Part IV of the General Regulations.back

[17] OJ C 37, 3.2.2001, p. 3; available also on the World Wide Web at http://europa.eu.int.back



ISBN 0 11 045241 0


 
© Crown copyright 2003
Prepared 17 March 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20030604.html