The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015

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[F1Applications for EII certificatesU.K.

This section has no associated Explanatory Memorandum

10.—(1) A person who uses electricity for a specified activity in the course of business may apply to the Secretary of State for an EII certificate in respect of the electricity meter which measures the supply of electricity used for that activity.

(2) The application must be made in writing and, subject to paragraphs (3) and (4), it must contain—

(a)evidence of the earnings and the staff costs of the person’s business for which the electricity is used in the relevant period;

(b)evidence of the amount of electricity consumed in the United Kingdom by the person’s business in the relevant period;

(c)where the meter which measures the supply of electricity used for a specified activity—

(i)is registered in SMRS, the MSID that relates to that meter,

(ii)is registered in CMRS, the BM Unit Identification Number and MSID that relates to that meter;

(d)a statement setting out the specified activity for which electricity supplied to that meter is used in the course of business by the person making the application;

(e)except where the person obtains electricity measured by that meter from a third party other than an electricity supplier, evidence of—

(i)the amount of electricity measured by that meter which was supplied during the entire calendar year which immediately preceded the calendar year in which the EII application is made, and

(ii)the sum paid to the electricity supplier supplying such electricity for such supply;

(f)a statement—

(i)confirming that all the electricity supplied to that meter is used in the course of business by the person applying for the EII certificate, or

[F2(ii)identifying any person with whom that electricity is shared;]

(g)if applicable, a statement identifying any third party, other than an electricity supplier, from whom the person applying for the EII certificate obtains electricity;

[F3(h)evidence of the proportion of the electricity measured by that meter that was used for a specified activity in the course of the person’s business—

(i)where at the date of the EII application there is a continuing change in relation to that meter, in the period—

(aa)beginning on the date (the “commencement date”) on which the last-commencing continuing change commenced; and

(bb)ending on the earlier of 12 months after the commencement date and the last date for which (at the date of the application) the person has such evidence:

Provided that this paragraph does not apply unless that period is at least 3 months in length;

(ii)where paragraph (i) does not apply—

(aa)if that meter measured the supply of such electricity during the entire previous year, in the previous year; or

(bb)if that meter did not measure the supply of such electricity during the entire previous year, in the period beginning on the date (the “start date”) on which the supply of such electricity began and ending on the earlier of 12 months after the start date and the last date for which (at the date of the EII application) the person has such evidence;

(ha)where at the date of the EII application there is a continuing change in relation to that meter, a statement setting out the date on which the last-commencing continuing change commenced;]

F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)information identifying the electricity supplier who, when the EII application is made, supplies electricity which is measured by that meter;

(k)information identifying the name of the person who pays the electricity supplier referred to in sub-paragraph (j) where that person is not the person making the EII application;

(l)an address and an email address at which the person applying for the EII certificate can be contacted, and where a statement is made in accordance with sub-paragraph (g), an address and an email address at which the third party referred to in that statement can be contacted;

(m)a statement setting out the business year used in respect of the person’s business to which the EII application relates;

(n)in respect of a force majeure application, evidence of force majeure and of its effect on the amount of electricity used by the person’s business during the relevant period; F5...

(o)except where an EII application relates to a new business, a statement setting out the accounting standards to which the annual accounts have been prepared in respect of the person’s business to which the application relates [F6; and]

[F7(p)a statement that the person is not [F8in difficulty (see regulation 8(10))] [F8insolvent or likely to become insolvent within the period of the EII certificate.].]

(3) Where regulation 8(4) applies to a person’s business, the EII application made by that person in respect of that business does not need to contain the [F9evidence mentioned in paragraph (2)(a) and (b) or the statement mentioned in paragraph (2)(p)].

(4) Where a person provided information or evidence required by paragraph (2) to the Secretary of State before 1 March 2017, an EII application made by that person need not contain that information or evidence.

[F10(4A) Where the EII application is required under paragraph (2)(p) to contain a statement that the person making the application is not in difficulty, the Secretary of State may request the person to provide such information or evidence as the Secretary of State thinks necessary to satisfy the Secretary of State that the person is not in difficulty.]

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(7) The Secretary of State may decide not to issue an EII certificate in respect of an EII application where, in the opinion of the Secretary of State, the information or evidence contained in that application pursuant to paragraph (2) [F14or provided pursuant to a request under paragraph (4A)] is not sufficient or not satisfactory.]

[F13(7) The Secretary of State may decide not to issue an EII certificate in respect of an EII application where, in the opinion of the Secretary of State—

(a)the information or evidence contained in that application pursuant to paragraph (2) or provided pursuant to a request under paragraph (4A) is not sufficient or not satisfactory; or

(b)the issuing of the EII certificate would be incompatible with international law obligations in respect of subsidy control.]

(8) Where the Secretary of State decides not to issue an EII certificate in respect of a person’s EII application in accordance with paragraph (7), the Secretary of State must notify that person and give reasons, except where the Secretary of State does not hold a proper address for such person.

(9) Where an EII application is made by a person who pays a third party other than an electricity supplier for the supply of electricity measured by the meter identified in that application, the Secretary of State may issue EII certificates to both that person and that third party in respect of that application.

[F15(10) In this regulation, “previous year”, in relation to an EII application, means the calendar year immediately preceding the calendar year in which the EII application is made.]]

Textual Amendments

F1Regs. 8-13A substituted for regs. 8-13 (31.10.2017) by The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017 (S.I. 2017/1051), regs. 1(2), 2(3)

F2Reg. 10(2)(f)(ii) substituted (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(a)

F3Reg. 10(2)(h)(ha) substituted for reg. 10(2)(h) (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(b)

F4Reg. 10(2)(i) omitted (2.3.2020) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(c)

F5Word in reg. 10(2)(n) omitted (2.3.2020) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(d)

F6Word in reg. 10(2)(o) inserted (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(e)

F7Reg. 10(2)(p) inserted (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(2)(f)

F8Words in reg. 10(2)(p) substituted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 5(2)

F9Words in reg. 10(3) substituted (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(3)

F10Reg. 10(4A) inserted (2.3.2020) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(4)

F11Reg. 10(5) omitted (2.3.2020) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 (S.I. 2020/130), regs. 2(1), 8(5)