The Fossil Fuel Levy Regulations 1990

Supply below market price: action by prescribed person

21.—(1) The Director shall consider the matters set out in any statement furnished under regulation 20 and may require the licensed supplier to provide an auditor’s certificate as to whether–

(a) any price set out in such statement; and

(b) the manner in which that price has been calculated,

have been fairly stated and properly compiled.

(2) The Director may also serve notice on the licensed supplier requiring him to provide further reasons justifying any price below market price which the licensed supplier has set out in a statement under regulation 20.

(3) If the Director does not accept that it is appropriate in all the circumstances for amounts payable by the licensed supplier in respect of the levy to be calculated by reference to any price being charged for any electricity within the category in question he shall, within 28 days of the date upon which he received the statement or (if requested) the auditor’s certificate or further reasons, serve on the licensed supplier a notice under regulation 22.

(4) The Director may also, after considering any calculation furnished under regulation 19, by notice served on the licensed supplier require the supplier to furnish him with a statement setting out–

(a) any price which the licensed supplier is charging for any electricity within each relevant category;

(b) the manner in which that price has been calculated; and

(c) any reasons which the supplier may have to justify a belief on his part that it is appropriate in all the circumstances for amounts payable by him in respect of the levy to be calculated by reference to that price,

and the Director may also in like manner require the licensed supplier to provide an auditor’s certificate that any calculation so furnished is fairly stated and properly compiled.

(5) If, after having regard to any statement furnished under paragraph (4), and to any auditor’s certificate provided under that paragraph, the Director considers that any price charged by the licensed supplier is less than the price which the Director thinks it would be appropriate to charge for any electricity within the relevant category in question, he shall serve on the licensed supplier a notice under regulation 22.

(6) Any auditor’s certificate required to be provided under this regulation shall be provided as quickly as is reasonably practicable and in any event not more than 60 days after the date of the Director’s request.