PART 2Discounted supply price
CHAPTER 3Energy and Trade Intensive Industries and Domestic Heat Consumers
ETII customersI118
1
The customer under a supply contract is an ETII customer if—
a
energy supplied under the supply contract is—
i
energy supplied or otherwise made available, or
ii
energy used to make heating, hot water or electricity available,
to a certified ETII operator to carry on an ETII qualifying activity (“ETII energy”), and
b
the supplier under the supply contract has received that certified ETII operator’s ETII certificate in accordance with paragraph (2).
2
For the purposes of paragraph (1), a supplier may receive an ETII certificate—
a
if the customer under the supply contract is a certified ETII operator, from the Secretary of State or from the customer, or
b
from a provider that is its customer.
3
A certified ETII operator may send its ETII certificate to its immediate ETII provider.
4
Subject to paragraph (5), if a provider that is not a supplier receives an ETII certificate from a certified ETII operator or a lower-tier provider, the provider must as soon as reasonably practicable send the ETII certificate—
a
to each higher-tier provider, and
b
if the provider is a customer, to the Secretary of State.
5
If a provider that is not a supplier receives an ETII certificate and has no higher-tier provider, the provider must as soon as reasonably practicable give notice to the Secretary of State—
a
identifying the ETII certificate, and
b
stating that the provider—
i
has received the certificate, and
ii
is not a main scheme provider in relation to the certified ETII operator to which it relates.
6
A supplier that has an ETII customer must give notice—
a
unless it received the ETII certificate from the Secretary of State, to the Secretary of State, identifying the ETII customer as such;
b
to the ETII customer, informing or confirming to it that it is an ETII customer.