The CRC Energy Efficiency Scheme Order 2010

SECTION 3 Transfers of parts of government departments, Northern Ireland departments or the Scottish Ministers

Transfer of part of a department to another department

8.  This section applies where from a participant (“ D”), a part (“E”) transfers to another participant (“F”) in year 1 (“the transfer”).

Transfers: year 1

9.  In year 1, D and F must—

(a) notify the administrator of—

(i) the transfer; and

(ii) as soon as possible, the percentage of the emissions of D which are attributable to E;

(b) comply with this Order as if the transfer had not occurred.

Transfers: year 2

10.—(1) In the year after year 1 (“year 2”), where D has a residual measurement list, it must amend that list to exclude any residual supplies of E.

(2) In year 2 where—

(a) D and F have residual measurement lists; and

(b) residual supplies of E were included in D’s list,

F must amend its list to include the residual supplies of E which were in D’s list.

(3) In year 2 where—

(a) D has a residual measurement list and residual supplies of E were included in D’s list; and

(b) F does not have a residual measurement list,

F must compile a residual measurement list to include the residual supplies of E which were in D’s list.

Deemed supplies

11.—(1) For the purposes of this section, the Secretary of State may declare in writing that a supply of electricity, gas or fuel—

(a) to D which is attributable to E is deemed to be a supply to F;

(b) to F which is attributable to E is deemed to be a supply to D.

(2) A declaration made under sub-paragraph (1) must be provided by the Secretary of State to the administrator as soon as possible.