2. In these Regulations—
“billing period” means in relation to a supply contract, a period of energy supply in respect of which, under the terms of the supply contract, the supplier is obliged or entitled to send to the customer an invoice or other statement of account;
“climate change levy” means the climate change levy as defined in section 30 of and Schedule 6 to the Finance Act 2000(1);
“customer” means a person supplied or to be supplied by a supplier with electricity by way of GB non-domestic electricity supply(2) or gas by way of GB non-domestic gas supply(3);
“deemed contract” has the meaning given in the relevant standard conditions(4);
“discount” means the reduction (in p/kWh) in the supply price under a supply contract to be applied pursuant to the scheme in respect of that contract, determined in accordance with regulation 18 of the EBRS Regulations;
“EBRS Regulations” means the Energy Bill Relief Scheme Regulations 2022(5);
“electricity scheme” means the support scheme(6) in respect of GB non-domestic electricity supply provided for in the EBRS Regulations;
“excluded person” means a person engaged in either or both of the provision of accommodation within the meaning of standard industrial classification divisions 55.1, 55.2, 55.3 (except persons providing mobile homes on protected sites as defined in the Mobile Homes Act 1983(7)) and 55.9 (except persons providing student residences, school dormitories, workers hostels and rooming and boarding houses) and the provision of energy(8) to such accommodation;
“gas scheme” means the support scheme in respect of GB non-domestic gas supply provided for in the EBRS Regulations;
“opt-out notice” means a notice given pursuant to regulation 4(4) of the EBRS Regulations in which a customer gives notice to a supplier that no discount is to apply in respect of energy supplied under a supply contract between them from the date specified in the notice;
“out-of-contract contract” means a supply contract that continues to apply to a customer, and under which the supplier continues to supply energy to that customer, after it has been terminated or has expired through the passage of time;
“pass-through” means the act of a relevant intermediary of passing through all or part of a scheme benefit to an end user(9);
“pass-through amount” means an amount, being all or part of a scheme benefit, which is passed through to an end user by a relevant intermediary pursuant to these Regulations;
“period” in relation to—
a scheme benefit falling under sub-paragraph (a) or (b) of the definition of that term in this regulation, means a billing period, and
a pass-through amount, means the period in connection with which such pass-through was effected;
“qualifying amount” means any amount payable by a customer to a supplier under a supply contract other than any amount payable in respect of value added tax or climate change levy;
“QFDC” means a qualifying financially disadvantaged customer within the meaning of Part 5 of the EBRS Regulations;
“relevant intermediary” means a person to whom a scheme benefit has been provided in circumstances in which there is one or more end user other than the relevant intermediary, except where that person—
is an excluded person, or
is an “intermediary” as defined in regulation 2(1) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022(10),
and for the purpose of regulation 3, “relevant intermediary” includes a person who will have entitlement to have a scheme benefit provided to it but to whom it has not yet been so provided;
“required reduction” means a reduction applied to a qualifying amount payable by a QFDC in accordance with regulation 53 of the EBRS Regulations;
“scheme” means the electricity scheme or (as the case may be) the gas scheme;
“scheme benefit” means—
discount applied to the price under a supply contract by virtue of the application of the EBRS Regulations where the amount of the scheme benefit is the amount of the discount as notified by a supplier to the relevant intermediary in its capacity as customer of that supplier under regulation 19(1)(d) of the EBRS Regulations,
required reductions applied to qualifying amounts payable by QFDCs where the amount of the scheme benefit is the amount of such reductions notified by a supplier to the relevant intermediary in its capacity as QFDC under regulation 53(1)(c) of the EBRS Regulations (or the amount determined by the relevant intermediary using the information provided by the supplier in such notification), or
where the end user is also a relevant intermediary, a pass-through made by virtue of these Regulations where the amount of the scheme benefit is the pass-through amount provided to the end user concerned (as intermediary),
and the amount of the scheme benefit may be an amount in pounds sterling or in pounds sterling per kw/h of energy and a scheme benefit (other than a scheme benefit in relation to which regulations 4(1) and 6(2) apply) may have been provided in respect of a period before these Regulations came into force;
“scheme period” means the period from 1st October 2022 to 31st March 2023 inclusive;
“standard industrial classification” means the Office for National Statistics’ “UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007)”(11);
“supplier” means a licensed electricity supplier(12) or a licensed gas supplier(13);
“supply contract” means a contract (including a deemed contract or an out-of-contract contract) between a supplier and a customer which provides for GB non-domestic electricity supply or GB non-domestic gas supply at any time during the scheme period;
“supply price” has the meaning given in regulation 9 of the EBRS Regulations;
“usage” means the quantity of energy made available by a relevant intermediary to an end user, that quantity of energy having been supplied to the relevant intermediary for the purposes of the EBRS Regulations.
2000 c. 17; Schedule 6 has been extensively amended, but the amendments are not relevant for the purposes of identifying the levy, and paragraphs 1 to 3 of the Schedule, which contain the core definition of the levy, have not been amended.
Defined in the Energy Prices Act 2022, section 10(4).
Defined in the Energy Prices Act 2022, section 10(8).
Defined in the Energy Prices Act 2022, section 10(5) in relation to GB non-domestic electricity supply and section 10(9) in relation to GB non-domestic gas supply.
Defined in Schedule 1, paragraph 1 to the Energy Prices Act 2022.
1983 c. 34. Section 5 was amended by sections 318 and 321(1) of, and Schedule 16 to the Housing and Regeneration Act 2008 (c. 17).
“Energy” is defined in section 28(4) of the Energy Prices Act 2022.
Defined in section 19(3) of the Energy Prices Act 2022.
Published by the Office of the National Statistics. For information on how to obtain a hard copy, contact the Office for National Statistics, Classifications and Harmonisation Unit, Government Buildings, Cardiff Road, Newport, South Wales, NP108 XG. For an electronic copy, see https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities/uksic2007.
Defined in the Energy Prices Act 2022, section 10(2).
Defined in the Energy Prices Act 2022, section 10(6).