PART 4 N.I. Adjustment of discount or supply quantity in certain cases

CHAPTER 4 N.I. Declarations to be made where customer is making energy available to end users outside Northern Ireland

Application of this Chapter N.I.

61.—(1) This Chapter applies in respect of a supply contract, subject to paragraph (2), where —

(a) it may reasonably be expected that—

(i) the quantity of energy supplied to the customer at the premises to which the supply contract relates in the 12-month period starting on 1st April 2023 will exceed 0.5 gigawatt hours, or

(ii) the maximum rate at which energy is suppled under the contract at any time will exceed 0.5 megawatts, and

(b) arrangements are in place under which—

(i) energy supplied to the customer under the supply contract may be made available to an end user at premises located outside Northern Ireland, or

(ii) heating, cooling, hot water or electricity may be made available, using energy supplied under the supply contract, to an end user at premises located outside Northern Ireland.

(2) This chapter does not apply where—

(a) the quantities in which or rates at which—

(i) energy (as provided in paragraph (1)(b)(i)), and

(ii) heating, cooling, hot water or electricity (as provided in paragraph (1)(b)(ii)) may be made available to end users outside Northern Ireland are not material, and

(b) the application of this Chapter would be disproportionate, having regard to the complexity of determining non-qualifying quantities and to the quantities and rates referred to in sub-paragraph (a).

(3) Any arrangement of the kind described in paragraph (1)(b) is a “relevant arrangement” for the purposes of this Chapter.

Commencement Information

I1 Reg. 61 in force at 26.4.2023, see reg. 1(1)