The CRC Energy Efficiency Scheme Order 2013

[F1 [F2 Metallurgical and mineralogical processes consumption U.K.

29A.— (1) Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that that supply is consumed by A for the purposes of operating a metallurgical process or a mineralogical process.

(2) A is supplied with electricity or gas where A decides that such a supply is not consumed for the purposes of operating a metallurgical process or a mineralogical process.

(3) A decision made under sub-paragraph (2)—

(a) may be made in respect of a phase where such a decision is made on or before the date the participant submits its first annual report for that phase; and

(b) must not be altered during that phase.

(4) “Metallurgical process” means—

(a) any process falling within—

(i) Division 24 of NACE Rev 2, except a process falling within Group 24.46; or

(ii) Group 25.5 of NACE Rev 2, except a process involving sheet metal; or

(b) the following processes falling within Group 25.6 of NACE Rev 2—

(i) plating, anodising, or other similar processing of metals;

(ii) heat treatment of metals; or

(iii) where carried out in conjunction with a process falling within paragraph (a), deburring, sandblasting, tumbling or cleaning of metals.

(5) In sub-paragraph (4), “NACE Rev 2” [F3 as it applied immediately before IP completion day] has the same meaning as it has in Article 1(1) of Regulation (EC) No 1893/2006 of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and a reference to “Division” and “Group” is to those matters as set out in Annex 1 to the Regulation.

(6) “Mineralogical process” has the same meaning as it has in Article 2(4)(b) of Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity.]]

Textual Amendments

F1 Order revoked (with savings) (1.10.2018) by The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (S.I. 2018/841), art. 3(1)-(3)

F2 Sch. 1 para. 29A inserted (1.4.2014) by The CRC Energy Efficiency Scheme (Amendment) Order 2014 (S.I. 2014/502), arts. 1(1), 6(7)

F3 Words in Sch. 1 para. 29A(5) inserted (31.12.2020) by The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336), regs. 1, 2(2)(c) (as amended by S.I. 2020/711, regs. 1(2), 3(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)