The Climate Change Levy (General) Regulations 2001

Small-scale users of electricity and gas

53.—(1) Paragraphs (2) and (4) prescribe the rates for the purposes of paragraph 27(6) of the Act (maximum rates of supply for small-scale electricity and gas users).

(2) In the case of electricity, the prescribed rate—

(a) is any rate at which the supplier supplies electricity to a person provided that the supplier issues an invoice or statement of account (however termed or styled) to that person in respect of those supplies no more than once in each period of six weeks, or

(b) is the rate at which the supplier supplies electricity to the person in question provided that in any period of one year that includes the Reference Day the maximum demand from that person is less than 100 kilowatts.

(3) The “maximum demand” for the purposes of paragraph (2)(b) shall be determined by the supplier as follows—

(a) establish the three highest demands for that person in a period of one year including the Reference Day;

(b) the mean of those three demands is the relevant “maximum demand”;

(c) disregard any supplies of electricity made to the person by a different supplier.

(4) In the case of gas, the prescribed rate—

(a) is any rate at which the supplier supplies gas to a person provided that the supplier issues an invoice or statement of account (however termed or styled) to that person in respect of those supplies no more than once in each period of six weeks, or

(b) in any other case, is 750 megawatt hours in a period of one year.

(5) The rate at which a person must be taken to be supplied with gas for the purposes of paragraph (4)(b) shall be determined by the supplier as follows—

(a) estimate, for each individual reference number used or to be used by the supplier in question for that person, the quantity of gas to be supplied in the period starting on the Reference Day and ending 1 year later;

(b) the relevant gas rate shall be taken to be—

(i) if there is only one such quantity, that quantity; or

(ii) the highest of those individual quantities;

(c) disregard—

(i) the aggregate of those individual quantities (if there is more than one);

(ii) any supplies of gas that may be made to the person by a different supplier.

(6) The supplier need not make a further determination under paragraph (3) or (5) if he has reasonable grounds to believe that the further determination would result in the person—

(a) remaining a small-scale user; or

(b) remaining a person who is not a small-scale user.

(7) In this regulation—

• “Reference Day” refers to the day mentioned in paragraph 27(6) of the Act;

• “reference number” refers to that expression in paragraph 27(5)(e) of the Act;

• “estimate” requires the use of any reasonable and accurate method.