SCHEDULES

C1C2SCHEDULE 6 Climate change levy

Annotations:
Modifications etc. (not altering text)
C1

Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3

C2

Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)

C1Part II Taxable supplies

Exemption: electricity from renewable sources

19

1

A supply of electricity is exempt from the levy if—

a

the supply is not one that is deemed to be made under paragraph 23(3),

b

the supply is made under a contract that contains a renewable source declaration given by the supplier,

c

prescribed conditions are fulfilled, F4...

d

the supplier, and each other person (if any) who is a generator of any renewable source electricity allocated by the supplier to supplies under the contract, has in a written notice given to the Commissioners agreed that he will fulfil those conditions so far as they may apply to him F3, and

e

the electricity is actually supplied before 1 April 2018.

2

In this paragraph “renewable source declaration” means a declaration that, in each averaging period, the amount of electricity supplied by exempt renewable supplies made by the supplier in the period will not exceed the difference between—

a

the total amount of renewable source electricity that during that period is either acquired or generated by the supplier, and

b

so much of that total amount as is allocated by the supplier otherwise than to exempt renewable supplies made by him in the period.

In this sub-paragraph “averaging period” has the same meaning as in paragraph 20 and “exempt renewable supplies” means supplies made on the basis that they are exempt under this paragraph.

3

For the purposes of this paragraph and paragraph 20, electricity is “renewable source electricity” if—

F2za

it is generated before 1 August 2015,

a

it is generated in a prescribed manner, and

b

prescribed conditions are fulfilled.

A manner of generating electricity may be prescribed by reference to the means by which the electricity is generated or the materials from which it is generated (or both).

4

In prescribing a manner of generating electricity under sub-paragraph (3), the Commissioners must have regard to the object of securing that exemption under this paragraph is only available for supplies of electricity that has a renewable source.

F14A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The conditions that may be prescribed under sub-paragraph (1)(c) include, in particular, conditions in connection with—

a

the giving of effect to renewable source declarations;

b

the supply of information;

c

the inspection of records and, for that purpose, the production of records in legible form and entry into premises;

d

monitoring by the Gas and Electricity Markets Authority, or the Director General of Electricity Supply for Northern Ireland, of the application of provisions of, or made under, this paragraph;

e

the doing of things to or by a person authorised by the Authority or the Director General (as well as to or by the Authority or the Director General);

f

things being done at times or in ways specified by the Authority, the Director General or such an authorised person.

6

A condition prescribed under sub-paragraph (1)(c) may be one that is required to be fulfilled throughout a period, including a period ending after the time when a supply whose exemption turns on the fulfilment of the condition is treated as being made.

7

The conditions that may be prescribed under sub-paragraph (3)(b) include, in particular, conditions in connection with—

a

the generation of the electricity;

b

the materials from which the electricity is generated;

c

any of the matters mentioned in paragraphs (b) to (f) of sub-paragraph (5).

8

Each of—

a

the Gas and Electricity Markets Authority, and

b

the Director General of Electricity Supply for Northern Ireland,

shall supply the Commissioners with such information (whether or not obtained under this paragraph), and otherwise give the Commissioners such co-operation, as the Commissioners may require in connection with the application (whether generally or in relation to any particular case) of any relevant provisions.

9

In sub-paragraph (8) “relevant provisions” means provisions of or made under—

a

this paragraph or paragraph 20, or

b

paragraph 23(3) so far as relating to electricity, or paragraph 23(4).

10

None of—

a

section 57(1) of the M1Electricity Act 1989,

b

section 42(1) of the M2Gas Act 1986, and

c

Article 61(1) of the M3Electricity (Northern Ireland) Order 1992,

(provisions restricting disclosure of information) applies to any disclosure of information made in pursuance of sub-paragraph (8).