[F1198AExcluded activities: subsidised generation or export of electricityU.K.
(1)This section supplements section 192(1)(ka).
(2)Electricity is exported if it is exported onto a distribution system or transmission system (within the meaning of section 4 of the Electricity Act 1989).
(3)The generation of electricity is “subsidised” if—
(a)a person receives a FIT subsidy in respect of the electricity generated,
(b)a renewables obligation certificate is issued in connection with the generation of the electricity,F2...
[F3(ba)a contract for difference has been entered into in connection with the generation of the electricity, or
(c)a scheme established in a territory outside the United Kingdom that—
(i)corresponds to one set out in a renewables obligation order under section 32 of the Electricity Act 1989, or
(ii)is similar to one established by virtue of regulations under Chapter 2 of Part 2 of the Energy Act 2013 (contracts for difference),
operates to incentivise the generation of the electricity.]
(4)The export of electricity is “subsidised” if a person receives a FIT subsidy in respect of the electricity exported.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(9)For the purposes of this section—
F7...
F6...
[F8“contract for difference” means a contract for difference within the meaning of Chapter 2 of Part 2 of the Energy Act 2013 (see section 6(2) of that Act);]
F6...
(a)(b)“FIT subsidy” means—
(a)a financial incentive under a scheme established by virtue of section 41 of the Energy Act 2008 (powers to amend licence conditions etc: feed-in tariffs) to encourage small-scale low-carbon generation of electricity, or
(b)a financial incentive under a similar scheme established in a territory outside the United Kingdom to encourage small-scale low-carbon generation of electricity;
F6...
“small-scale low-carbon generation” has the meaning given by section 41(4) of the Energy Act 2008.
[F9“renewables obligation certificate” means a certificate issued under section 32B of the Electricity Act 1989 or Article 54 of the Energy (Northern Ireland) Order 2003.]]
Textual Amendments
F1S. 198A inserted (17.7.2012) (with effect in accordance with Sch. 7 para. 24 of the amending Act) by Finance Act 2012 (c. 14), Sch. 7 para. 14
F2Word in s. 198A(3)(b) omitted (with effect in accordance with Sch. 6 para. 5 of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 6 para. 3(a)
F3S. 198A(3)(ba)(c) substituted for s. 198A(3)(c) (with effect in accordance with Sch. 6 para. 5 of the amending Act) by Finance Act 2015 (c. 11), Sch. 6 para. 3(a)
F4S. 198A(5)(6) omitted (with effect in accordance with Sch. 6 para. 14 of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 6 para. 10(2)(a); S.I. 2015/1836, reg. 2(a)
F5S. 198A(7)(8) omitted (with effect in accordance with Sch. 6 para. 5 of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 6 para. 4(1)(b)
F6Words in s. 198A(9) omitted (with effect in accordance with Sch. 6 para. 14 of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 6 para. 10(2)(b); S.I. 2015/1836, reg. 2(a)
F7Words in s. 198A(9) omitted (with effect in accordance with Sch. 6 para. 5 of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 6 para. 4(1)(c)
F8Words in s. 198A(9) inserted (with effect in accordance with Sch. 6 para. 5 of the amending Act) by Finance Act 2015 (c. 11), Sch. 6 para. 3(b)
F9Words in s. 198A(9) inserted (with effect in accordance with s. 56(8) of the amending Act) by Finance Act 2014 (c. 26), s. 56(3)(c)