The Climate Change Levy (General) Regulations 2001

48.—(1) A quantity of electricity constitutes “renewable source electricity” for the purposes of paragraphs 19 and 20 of the Act only if and to the extent that it complies with regulation 47 and is the subject of a certificate (a “levy exemption certificate”) issued by the relevant Authority to confirm that the requirements of regulation 47 are satisfied in relation to that quantity. U.K.

[F1 (1A) The relevant Authority must only issue a levy exemption certificate on the basis of the most accurate figures for electricity produced in a generating station that the person who generates that electricity makes known to the Authority.

(1B) The relevant Authority must disregard any figures that are made known to it or of which it becomes aware after the end of the second month following the end of the month in which the electricity is produced.]

(2) Each levy exemption certificate (“[F2 Renewables LEC]”) shall carry a unique identifying reference (“identifier”).

(3) The relevant Authority need not issue a [F3 Renewables LEC] in relation to any quantity of electricity under paragraph (1) if—

(a) the person who generates that electricity does not provide the relevant Authority with such information, particulars, records and declarations as it may require for the purposes of that paragraph or regulation 47;

(b) the person who generates that electricity does not, if so required, provide the relevant Authority with updated readings from any relevant electricity meter;

(c) any person authorised by the relevant Authority has not, on request, been granted access at any reasonable time to the premises from where that electricity is generated;

(d) any person authorised by the relevant Authority has not, on request and having been granted access to premises in accordance with sub-paragraph (c), been permitted—

(i) to inspect or test anything that is on those premises, and

(ii) to inspect any records that are on those premises,

connected with the generation or supply of that electricity;

(e) any person authorised by the relevant Authority has not, on request, been granted access to any premises at any reasonable time to take updated readings from any relevant electricity meters;

(f) any one or more of sub-paragraphs (a) to (e) have not been satisfied within such time as the relevant Authority considers reasonable for the purpose in question; or

(g) the relevant Authority is for any reason not satisfied that the electricity in question should be regarded as renewable source electricity.

[F4 (4) The relevant Authority need not issue a Renewables LEC as respects a quantity of electricity less than 1 MWh.

• However the relevant Authority may aggregate or disaggregate such quantities relating to the same generating station, certifying each complete MWh as appropriate.

(5) The relevant Authority need not issue a Renewables LEC unless it is satisfied that the Renewables LEC, if issued, would represent electricity consumed or to be consumed in the United Kingdom.

• For this purpose, the relevant Authority may have regard in particular to whether any part of that electricity is or may be allocated by the operator of the generating station or a supplier for consumption outside the United Kingdom.

(6) A Renewables LEC must be regarded for all purposes of this Part as only relating to the actual electricity in relation to which it was issued.]

Textual Amendments

F1 Reg. 48(1A)(1B) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 15

F2 Words in reg. 48(2) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 18

F3 Words in reg. 48(3) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 18

F4 Reg. 48(4)-(6) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 16

Commencement Information

I1 Reg. 48 in force at 1.4.2001, see reg. 1