Person treated as, or as not being, a utilityU.K.
151(1)The Commissioners may by direction (a “utility direction”) make, in respect of a person (or persons) specified in the direction, provision authorised by sub-paragraph (3).U.K.
(2)The Treasury may by regulations (“utility regulations”) make, in respect of any person of a description specified in the regulations, provision authorised by sub-paragraph (3).
(3)The provision authorised by this sub-paragraph is provision for—
(a)a person who is an unregulated electricity supplier to be treated for levy purposes as being an electricity utility;
(b)a person who is an unregulated gas supplier to be treated for levy purposes as being a gas utility;
(c)a person who is an electricity utility to be treated for levy purposes as not being an electricity utility;
(d)a person who is a gas utility to be treated for levy purposes as not being a gas utility.
(4)References in sub-paragraph (3) to provision for a person to be treated in a particular way for “levy purposes” are to provision for him to be treated in that way for—
(a)the purposes of this Schedule, or
(b)such of those purposes as are specified in the direction or regulations by which the provision is made.
(5)The power to make any provision by a utility direction or utility regulations may be exercised so that the provision applies in relation to a person only to an extent specified in, or determined under, the direction or regulations.
(6)A utility direction cannot take effect until it has been—
(a)given by the Commissioners to each person in respect of whom it makes provision, and
(b)published by the Commissioners.
(7)Paragraph 146(7)(b) and (c) applies to the power to make provision by a utility direction as to a power to make provision by regulations.
(8)In this paragraph—
“unregulated electricity supplier” means a person who—
(a)makes supplies of electricity, and
(b)is not an electricity utility;
“unregulated gas supplier” means a person who—
(a)makes supplies of gas that is in a gaseous state and is of a kind supplied by a gas utility, and
(b)is not a gas utility.