SCHEDULE 6 Climate change levy
Part IV Payment and rate of levy
Climate change agreements: direct agreement with Secretary of State
47
(1)
An agreement (including one entered into before the passing of this Act) falls within this paragraph if it 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,
(d)
to which a representative of each facility to which it applies is a party,
(e)
setting, or providing for the setting of, targets for the facilities to which it applies,
(f)
specifying certification periods (as to which see paragraph 49(1)) for the facilities to which it applies, and
(g)
providing for five-yearly (or more frequent) reviews by the Secretary of State of targets set by or under the agreement for those facilities and for giving effect to outcomes of such reviews.
(2)
In this paragraph and paragraph 48 “representative”, in relation to a facility to which an agreement applies, means—
(a)
the person who is the operator of the facility at—
(i)
the time the agreement is entered into, or
(ii)
if later, the time the facility last became a facility to which the agreement applies,
or
(b)
a person authorised by that operator to agree to the facility being a facility to which the agreement applies.