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

[^key-c2719c6f35328378dfaff122365ac197]: Words in reg. 2(1) omitted (1.4.2023) by virtue of The Electricity Supplier Obligations (Green Excluded Electricity) (Amendment) Regulations 2023 (S.I. 2023/389), regs. 1(2), 3(2)(b)

[^key-6977bc696ff408b01476cccb65a21964]: Reg. 9A inserted (E.W.S.) (24.4.2023) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023 (S.I. 2023/415), regs. 1(2), 4

[^key-05e004db81d4abd216073fb7b859380f]: Words in reg. 8(1)(a)(ii) substituted (E.W.S.) (24.4.2023) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023 (S.I. 2023/415), regs. 1(2), 3(2)

[^key-c6b77f1233495324424db5d1aa459fca]: Words in reg. 8(4)(c) inserted (E.W.S.) (24.4.2023) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023 (S.I. 2023/415), regs. 1(2), 3(3)

[^key-d864bcc0c94f7e06cb2e70e15edf3a65]: Words in reg. 2(1) inserted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 3(2)

[^key-2b83794cd427836762b436704f77a01e]: Reg. 8(7)(c) substituted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 4(3)

[^key-ec71c1c9f0a970fdac1542fb23132e7f]: Reg. 8(9) omitted (E.W.S.) (1.4.2024) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 4(4)

[^key-5aa6ff4bf69226f4885d6795f79a1ce7]: Reg. 8(10) omitted (E.W.S.) (1.4.2024) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 4(4)

[^key-1c6e26c1f9e96ea8a7752006f8b1a3aa]: Reg. 8(2)(b) substituted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 4(2)

[^key-d093714e3b7e1abacf900e4376c50dd5]: Words 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)

[^key-00bbd5cd6593fcecad2fa53817c58d47]: Reg. 10(7) 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(3)

[^key-6ecec52d7710643da858ccc74e8ed8a1]: Word in reg. 11(1)(b) inserted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 6(2)

[^key-36a87e80b9bd09b7f2772d6f96361ea6]: Reg. 11(2) omitted (E.W.S.) (1.4.2024) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 6(3)

[^key-70584f8ccae85b5bed05da94abff5d07]: Reg. 13(4)(c) inserted (E.W.S.) (1.4.2024) by The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 7(2)

[^key-e21688e13a98b2f30224754492a69bc9]: Reg. 13ZB omitted (E.W.S.) (1.4.2024) by virtue of The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2024 (S.I. 2024/419), regs. 1(2), 8

Notifications and Reports

Information sharing

13A

The CFD Counterparty may share information with the Authority for the purpose of facilitating the performance of the Authority’s functions under the Feed-in Tariffs Order 2012, the Renewables Obligation Order 2015 or the Renewables Obligation (Scotland) Order 2009.

Meaning of continuing change etc.

2A

• (1) This regulation applies where a person—

• (a) makes an EII application for an EII certificate in respect of an electricity meter that measures the supply of electricity used for a specified activity; or

• (b) sends a report under regulation 12(4) in respect of such an EII certificate.

• (2) For the purposes of these Regulations, there is a continuing change in relation to the meter at the relevant date (that is to say, the date of the application or the report) if any of paragraphs (3) to (6) applies.

• (3) This paragraph applies if electricity measured by the meter—

• (a) begins at any time after the start date to be shared with a person with whom it is not being shared; and

• (b) at the relevant date—

• (i) has been shared with that person for at least 3 months; and

• (ii) continues to be shared with that person.

• (4) This paragraph applies if electricity measured by the meter—

• (a) ceases at any time after the start date to be shared with a person with whom it is being shared; and

• (b) at the relevant date—

• (i) has not been shared with that person for at least 3 months; and

• (ii) continues not to be shared with that person.

• (5) This paragraph applies if electricity measured by the meter—

• (a) begins at any time after the start date to be used (other than by a person with whom the electricity is shared) for a non-specified activity for which it is not being used; and

• (b) at the relevant date—

• (i) has been used for that activity for at least 3 months; and

• (ii) continues to be used for that activity.

• (6) This paragraph applies if electricity measured by the meter—

• (a) ceases at any time after the start date to be used (other than by a person with whom the electricity is shared) for a non-specified activity for which it is being used; and

• (b) at the relevant date—

• (i) has not been used for that activity for at least 3 months; and

• (ii) continues not to be used for that activity.

• (7) In paragraphs (3) to (6), a reference to electricity beginning or ceasing to be shared or used includes a reference to electricity beginning or ceasing to be shared or used before as well as after this regulation comes into force.

• (8) For the purposes of these Regulations, the continuing change “commences” when electricity measured by the meter—

• (a) begins to be shared or used as mentioned in paragraph (3)(a) or (5)(a); or

• (b) ceases to be shared or used as mentioned in paragraph (4)(a) or (6)(a).

• (9) In this regulation—

• “non-specified activity” means the manufacture, production or processing of any product or substance, except where the manufacture, production or processing of the product or substance is a specified activity;

• “start date” means—if the meter measured the supply of electricity used for a specified activity during the entire calendar year (the “previous year”) immediately preceding the calendar year in which the EII application for the EII certificate mentioned in paragraph (1) is made, the beginning of the previous year;if the meter did not measure the supply of electricity used for a specified activity during the entire previous year, the date on which the supply of electricity began.

Proportion to be specified in an EII certificate

Notices correcting and updating EII certificates

12A

• (1) Subject to paragraph (5), where at any time after issuing an EII certificate the Secretary of State is satisfied that—

• (a) the proportion of electricity constituting EII excluded electricity specified in the certificate or, if a notice under this regulation has effect in relation to the certificate, in the notice; or

• (b) the start or end date of the period specified in the certificate or notice by reference to which the proportion is determined,

is incorrect, the Secretary of State must give a notice in relation to the certificate to the persons mentioned in paragraph (7) specifying the correct proportion or, as the case may be, the correct start or end date of the period.

• (2) Subject to paragraph (5), where the Secretary of State receives a report under regulation 12(4) (a “quarterly report”) in respect of an EII certificate that includes evidence under regulation 12(4D)(a), the Secretary of State must give a notice in relation to the certificate to the persons mentioned in paragraph (7) specifying—

• (a) the updated proportion; and

• (b) the start and end dates of the period by reference to which the updated proportion is determined.

• (3) The updated proportion is the proportion of electricity constituting EII excluded electricity mentioned in regulation 11(1)(a) determined in accordance with regulation 11 as if the application for the certificate had been made at the date of the quarterly report.

• (4) For the purposes of paragraph (3)—

• (a) the evidence included under regulation 12(4D)(a) in the quarterly report (and any evidence included under that sub-paragraph in any previous report under regulation 12(4) in respect of the certificate) must be treated as having been contained in the application;

• (b) the reference in regulation 11(3)(a) to the date of the application must be treated as a reference to the date of the quarterly report;

• (c) where a notice under regulation 12(7)(a) has been issued in respect of the certificate, the reference in regulation 11(4) to the business of the person applying for an EII certificate includes a reference to the business of the person identified in the notice.

• (5) Paragraphs (1) and (2) do not apply if the notice would take effect only after the EII certificate ceases to be valid.

• (6) A notice under paragraph (1) or (2)—

• (a) has effect from the 6th working day after it is given; and

• (b) ceases to have effect if a subsequent notice is given and has effect.

• (7) The persons are all of the following (except for any person for whom the Secretary of State does not hold a proper address)—

• (a) the person who applied for the EII certificate or, where a notice under regulation 12(7)(a) has been issued in respect of the certificate, the person identified in the notice;

• (b) where a notice under regulation 12(7)(b) has been issued in respect of the certificate, the person identified in the notice;

• (c) where an EII certificate has been issued to a third party under regulation 10(9), the third party;

• (d) the BSCCo;

• (e) the CFD counterparty.

Validity and revocation of EII certificates

Extension of validity of certain EII certificates

13ZA

• (1) This regulation applies to an EII certificate that—

• (a) was issued before this regulation comes into force;

• (b) in accordance with provision made by regulation 13(3)(b) (before its substitution by the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020), was at the time of issue valid until the end of the financial year beginning on 1st April 2019 (that is to say, until the end of March 2020); and

• (c) is valid on the date on which this regulation comes into force.

• (2) An EII certificate to which this regulation applies is valid until the end of June 2020, unless revoked before then.

• (3) If this regulation comes into force on or after 1st April 2020, this regulation has effect with the following modifications—

• (a) in paragraph (1)(b)—

• (i) for “1st April 2019” substitute “1st April 2020”;

• (ii) for “March 2020” substitute “March 2021”;

• (b) in paragraph (2) for “June 2020” substitute “June 2021”.

Modification of Regulations if State aid decisions cease to be relevant

13ZB

• (1) This regulation applies if all of the decisions of the European Commission mentioned in paragraph (2) cease to be relevant to any question of law in the United Kingdom that relates to whether EII certificates may be issued under this Chapter.

• (2) The decisions are—

• (a) SA.43657 (2015/N) of 14th December 2015 (aid for indirect costs of renewable energy support in the UK);

• (b) SA.45155 (2017/N) of 12th June 2017 (amendment to the decision providing aid to exempt energy intensive users from the indirect costs of renewable obligation);

• (c) SA.52615 (2019/N) of 26th March 2019 (modification of the support scheme providing aid for indirect costs of renewable energy support).

• (3) These Regulations have effect as if the amendments made by regulations 7(3) to (5) and 8(2)(d) to (f), (3), (4) and (6) of the Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020 had not been made.

Information sharing

Modification of the application of Regulation 9

9A

• (1) This regulation applies in relation to an EII application—

• (a) which is made before 1st April 2026;

• (b) in respect of which the relevant period by virtue of regulation 9(2)(a) would, but for the application of this regulation, be the three most recent consecutive business years for which there are annual accounts for the business; and

• (c) in which the applicant has included a request that this regulation should apply.

• (2) Where this regulation applies, the applicant may specify in the application any three of the five most recent business years for which there are annual accounts in respect of the business and the expression “relevant period” is to be construed as a reference to the period or periods covered by the accounts specified by the applicant.

Applications for EII certificates

Proportion to be specified in an EII certificate

Notifications and Reports

Notices correcting and updating EII certificates

Validity and revocation of EII certificates

Extension of validity of certain EII certificates

Modification of Regulations if State aid decisions cease to be relevant

Information sharing