48(1)A combination of agreements falls within this paragraph if the following conditions are satisfied.U.K.
(2)The first condition is that the combination is a combination of—
(a)an umbrella agreement (including one entered into before the passing of this Act), and
(b)an agreement (including one entered into before the passing of this Act) that, in relation to the umbrella agreement, is an underlying agreement.
(3)The second condition is that between them the two agreements—
(a)set, or provide for the setting of, targets for the facilities to which the underlying agreement applies,
(b)specify certification periods (as to which see paragraph 49(1)) for the facilities to which the underlying agreement applies, and
(c)provide for five-yearly (or more frequent) reviews by the Secretary of State of targets set by or under the agreements for those facilities and for giving effect to outcomes of such reviews.
(4)For the purposes of this paragraph an “umbrella agreement” is an agreement—
(a)entered into with the Secretary of State,
(b)expressed to be entered into for the purposes of the reduced rate of climate change levy,
(c)identifying the facilities to which it applies, and
(d)to which a representative of each facility to which it applies is a party.
(5)For the purposes of this paragraph an agreement is an “underlying agreement” in relation to an umbrella agreement if it is an agreement—
(a)expressed to be entered into for the purposes of the umbrella agreement,
(b)entered into—
(i)with the Secretary of State, or
(ii)with a party to the umbrella agreement other than the Secretary of State,
(c)approved by the Secretary of State if he is not a party to it,
(d)identifying which of the facilities to which the umbrella agreement applies are the facilities to which it applies, and
(e)to which a representative of each facility to which it applies is a party.
(6)In the case of a climate change agreement that is a combination of agreements that falls within this paragraph, references to the facilities to which the climate change agreement applies are references to the facilities to which the underlying agreement applies.