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49.—(1) Any part of a quantity of electricity that is the subject of a [F1Renewables LEC] shall be regarded as never having been renewable source electricity capable of being the subject of exempt renewable supplies for the purposes of paragraph 19 of the Act if one or more of the conditions prescribed in paragraphs (2), (3), (4) and (5) are not fulfilled.
(2) The electricity must not be allocated to a supply to a person who—
(a)intends to cause the electricity to be exported from the United Kingdom, and
(b)has no intention to cause it to be brought back into the United Kingdom afterwards.
(3) Should the electricity be allocated to some supply pursuant to some renewable source contract, the supplier must inform the relevant Authority of this fact and of the relevant [F2Renewables LEC] indentifier.
(4) At any time up to 6 years after the day the electricity is generated—
(a)the person who generated it must provide the relevant Authority on request with readily legible records relating to and detailing—
(i)the generation process,
(ii)the supplies made of that electricity and the relevant recipients,
(iii)[F3any relevant Renewables LEC (and, if different from the relevant recipient, the identity of any person to whom entitlement to that Renewables LEC is transferred)], and
(iv)any relevant information, particulars or records referred to in regulation 48(3)(a);
and
(b)any supplier of that electricity must provide the relevant Authority on request with readily legible records relating to and detailing—
(i)the supplies he received or made of that electricity,
(ii)the relevant recipients of any supplies he made of that electricity, and
(iii)[F4any relevant Renewables LEC (and, if different from the relevant recipient, the identity of any person to whom entitlement to that Renewables LEC is transferred)].
(5) The following time limits apply as part of the conditions described in this regulation—
(a)paragraph (3)—the supplier must comply within such reasonable time as the relevant Authority allows for this purpose;
(b)paragraph (4)—the generator and the supplier, as appropriate, must comply within such reasonable time as the relevant Authority allows for this purpose.
Textual Amendments
F1Words in reg. 49(1) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 18
F2Words in reg. 49(3) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 18
F3Words in reg. 49(4)(a)(iii) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 17
F4Words in reg. 49(4)(b)(iii) substituted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 17
Commencement Information
I1Reg. 49 in force at 1.4.2001, see reg. 1
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