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Reduced-rate supplies: variation of notices under paragraph 43 |
| | 44. - (1) This paragraph applies where the Secretary of State, after having given in respect of a facility such a certificate as is mentioned in paragraph 43(1) ("the original certificate"), gives a certificate (a "variation certificate") to the Commissioners stating-
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(a) that, throughout the period ("the original period") specified for the facility in the original certificate, the facility is to be taken as not being covered by a climate change agreement; or |
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(b) that, for so much of the original period as falls on or after a day specified in the variation certificate (being a day falling within the original period), the facility is to be taken as no longer being covered by a climate change agreement. |
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(2) Where the Commissioners receive a variation certificate in respect of a facility before they have published a notice under paragraph 43(1) in response to the original certificate so far as relating to the facility, their obligation to publish a notice under paragraph 43(1) in respect of the facility shall have effect as an obligation to publish such a notice in response to the original certificate as varied by the variation certificate.
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(3) Where the Commissioners receive a variation certificate but sub-paragraph (2) does not apply, they shall publish a notice (a "variation notice") that-
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(a) states the day on which it is published, |
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(b) identifies the facility or facilities in respect of which it is published, |
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(c) sets out, for each facility in respect of which the statement in the variation certificate is of the type described in sub-paragraph (1)(b), the date specified for the facility in the variation certificate, and |
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(d) for each facility, indicates the effect of sub-paragraphs (4) to (7) as they apply in the case of the facility. |
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(4) Sub-paragraphs (5) to (7) set out the effect of a variation notice being published in respect of a facility.
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(5) If-
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(a) the statement in the variation certificate in respect of the facility is of the type described in sub-paragraph (1)(a), and |
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(b) the day on which the variation notice is published falls before the beginning of the original period, |
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the notice ("the original notice") published under paragraph 43(1) in response to the original certificate has effect as if the facility had never been identified in it.
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(6) If-
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(a) the statement in the variation certificate in respect of the facility is of the type described in sub-paragraph (1)(a), and |
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(b) the day on which the variation notice is published falls during the original period, |
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the original notice has effect as if the last day set out for the facility under paragraph 43(2)(c) were the day on which the variation notice is published.
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(7) If the statement in the variation certificate in respect of the facility is of the type described in sub-paragraph (1)(b), the original notice has effect as if the last day set out for the facility under paragraph 43(2)(c) were the later of-
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(a) the day on which the variation notice is published, and |
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(b) the day set out in the variation notice for the facility under sub-paragraph (3)(c). |
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Climate change agreements |
| | 45. In this Schedule "climate change agreement" means-
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(a) an agreement that falls within paragraph 46, or |
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(b) a combination of agreements that falls within paragraph 47. |
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Climate change agreements: direct agreement with Secretary of State |
| | 46. An agreement (including one entered into before the passing of this Act) falls within this paragraph if it is an agreement-
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(a) entered into with the Secretary of State, |
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(b) expressed to be entered into for the purposes of the reduced rate of climate change levy, |
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(c) identifying the facilities to which it applies, |
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(d) entered into by the operator of each facility to which it applies or by a person authorised by the operator to enter into the agreement on the operator's behalf, |
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(e) setting, or providing for the setting of, targets for the facilities to which it applies, |
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(f) specifying certification periods (as to which see paragraph 48(1)) for the facilities to which it applies, and |
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(g) providing for five-yearly (or more frequent) reviews by the Secretary of State of targets set by or under the agreement for those facilities and for giving effect to outcomes of such reviews. |
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Climate change agreement: combination of umbrella and underlying agreements |
| | 47. - (1) A combination of agreements falls within this paragraph if the following conditions are satisfied.
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(2) The first condition is that the combination is a combination of-
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(a) an umbrella agreement (including one entered into before the passing of this Act), and |
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(b) an agreement (including one entered into before the passing of this Act) that, in relation to the umbrella agreement, is an underlying agreement. |
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(3) The second condition is that between them the two agreements-
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(a) set, or provide for the setting of, targets for the facilities to which the underlying agreement applies, |
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(b) specify certification periods (as to which see paragraph 48(1)) for the facilities to which the underlying agreement applies, and |
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(c) provide for five-yearly (or more frequent) reviews by the Secretary of State of targets set by or under the agreements for those facilities and for giving effect to outcomes of such reviews. |
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(4) For the purposes of this paragraph an "umbrella agreement" is an agreement-
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(a) entered into with the Secretary of State, |
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(b) expressed to be entered into for the purposes of the reduced rate of climate change levy, |
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(c) identifying the facilities to which it applies, and |
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(d) entered into by the operator of each facility to which it applies or by a person authorised by the operator to enter into the agreement on the operator's behalf. |
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(5) For the purposes of this paragraph an agreement is an "underlying agreement" in relation to an umbrella agreement if it is an agreement-
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(a) expressed to be entered into for the purposes of the umbrella agreement, |
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(i) with the Secretary of State, or
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(ii) with a party to the umbrella agreement other than the Secretary of State,
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(c) approved by the Secretary of State if he is not a party to it, |
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(d) identifying which of the facilities to which the umbrella agreement applies are the facilities to which it applies, and |
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(e) entered into by the operator of each facility to which it applies or by a person authorised by the operator to enter into the agreement on the operator's behalf. |
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(6) In the case of a climate change agreement that is a combination of agreements that falls within this paragraph, references to the facilities to which the climate change agreement applies are references to the facilities to which the underlying agreement applies.
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Climate change agreement: supplemental provisions |
| | 48. - (1) The first certification period specified by a climate change agreement for a facility to which it applies shall begin with the later of-
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(a) the date on which the agreement, so far as relating to the facility, is expressed to take effect, and |
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and each subsequent certification period so specified shall begin immediately after the end of a previous certification period.
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(2) For the purposes of giving certificates such as are mentioned in paragraphs 43(1) and 44(1), the Secretary of State may take a facility as being covered by a climate change agreement for a period if the facility is one to which the agreement applies and either-
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(a) that period is the first certification period specified by the agreement for the facility, or |
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(b) that period is a subsequent certification period for the facility and it appears to the Secretary of State that progress made in the immediately preceding certification period towards meeting targets set by the agreement for the facility is, or is likely to be, such as under the provisions of the agreement is to be taken as being satisfactory. |
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(3) For the purposes of sub-paragraph (2)(b) a climate change agreement may (in particular) provide that progress towards meeting any targets for a facility is to be taken as being satisfactory if, in the absence (or partial absence) of any such progress required under the agreement, alternative requirements provided for by the agreement are satisfied.
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(4) Paragraphs 46 and 47 and sub-paragraph (3) above are not to be taken as meaning that an agreement, or combination of agreements, containing provision in addition to any mentioned in those paragraphs and that sub-paragraph is not a climate change agreement.
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(5) For the purposes of paragraphs 46 and 47 and this paragraph "target", in relation to a facility to which a climate change agreement applies, means a target relating to-
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(a) energy, or energy derived from a source of any description, used in the facility or an identifiable group of facilities within which the facility falls, or |
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(b) emissions, or emissions of any description, from the facility or such a group of facilities; |
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and for this purpose "identifiable group" means a group that is identified in the agreement or that at any relevant time can be identified under the agreement.
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(6) Nothing in this Schedule is to be taken as requiring the Secretary of State to-
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(a) enter into any climate change agreement, |
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(b) enter into a climate change agreement with any particular person or persons, in respect of any particular facility or facilities or on any particular terms, or |
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(c) approve any, or any particular, proposed climate change agreement. |
