Energy Act 2010

4 Electricity supply levy E+W+S

(1) The Secretary of State may by regulations provide for an electricity supply levy to be charged in connection with provision of financial assistance—

(a) in respect of CCS demonstration projects, and

(b) in respect of additional CCS use at demonstration stations.

(2) An electricity supply levy is a levy—

(a) charged in respect of supplies of electricity that have been, or are expected to be, made, and

(b) paid by the persons who make, or are expected to make, the supplies in respect of which the levy is charged.

(3) The regulations may provide for different rates or different amounts of levy to be charged in different cases.

(4) The regulations may secure that the levy is not to be charged in respect of particular descriptions of supplies of electricity.

(5) The regulations may, in particular, make provision about any of the following matters—

(a) what is a supply of electricity for the purposes of the levy;

(b) when a supply of electricity is, or is expected to be, made for those purposes;

(c) who makes, or is expected to make, a supply of electricity for those purposes;

(d) payment of the levy, including interest in respect of late payment;

(e) administration of the levy;

(f) audit of information (whether by the administrator or a third party), including requirements for audits to be paid for by the person whose information is subject to audit;

(g) provision of information, including its provision to third parties;

(h) enforcement of the levy, including—

(i) imposition of penalties (whether financial or not, and whether or not in addition to interest charged in respect of late payment), and

(ii) recovery of the levy as a debt due to the Crown,

but not including the creation of criminal offences;

(i) insolvency of persons liable to pay the levy;

(j) reviews and appeals.

(6) Before making regulations under this section, the Secretary of State must consult the following persons—

(a) the administrator;

(b) such other persons as the Secretary of State thinks it is appropriate to consult.

(7) Subsection (6) may be satisfied by consultation before, as well as by consultation after, this section comes into force.