Finance (No. 2) Act 2023

282 Attribution of generation

(1) The following amounts of generation, expressed in megawatt hours, are to be attributed to a generating undertaking for a qualifying period—

(a) any grid connected electricity generation of a relevant generating station of the undertaking for the period, and

(b) the amount given by multiplying—

(i) the amount (if any) of grid connected electricity generation for the period of a relevant generating station that is operated by a qualifying partnership in relation to the undertaking (see section 291), by

(ii) the qualifying proportion for that period (see that section).

(2) For the purposes of this Part, a generating station is a generating station of a generating undertaking if—

(a) in the case of an undertaking that is a company, it is operated by that company otherwise than in partnership with another person, and

(b) in the case of an undertaking that is a group, it is operated by any member of that group—

(i) including where the station is operated in partnership and all of the partners are members of the group, but

(ii) not including where the station is operated in partnership and one or more of the partners are not members of the group.

(3) “Grid connected electricity generation” of a relevant generating station for a qualifying period means—

(a) electricity generated by the station in that period for the purpose of giving a supply to any premises or enabling a supply to be so given where that supply would involve the use of a licensed distribution system or a licensed transmission system, and

(b) electricity that was, at any time, expected to be (but was not) generated by the station in that period for that purpose.

(4) But for the purposes only of—

(a) section 279(3) (application of levy threshold), and

(b) Step 2 in section 279(5) (determination of maximum amount of receipts that would not be exceptional),

ignore any electricity that was expected to be, but was not, generated by a relevant generating station unless the electricity was not generated in connection with an accepted bid to decrease generation under a settlement code.