SCHEDULES

C1C2SCHEDULE 6 Climate change levy

Annotations:
Modifications etc. (not altering text)
C1

Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3

C2

Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)

Part XIV Interpretation

Meaning of “combined heat and power station" etc.

148

1

In this Schedule “combined heat and power station” means a station producing electricity or motive power that is (or may be) operated for purposes including the supply to any premises of—

a

heat produced in association with electricity or motive power, or

b

steam produced from, or air or water heated by, such heat.

2

In this Schedule “fully exempt combined heat and power station” means a combined heat and power station in respect of which there is in force a certificate (a “full-exemption certificate”)—

a

given by the Secretary of State,

b

stating that the station is a fully exempt combined heat and power station for the purposes of the levy, and

c

F1complying (so far as applicable) with any provision made by regulations under sub-paragraph (10).

3

In this Schedule “partly exempt combined heat and power station” means a combined heat and power station in respect of which there is in force a certificate (a “part-exemption certificate”)—

a

given by the Secretary of State,

b

stating that the station is a partly exempt combined heat and power station for the purposes of the levy, and

c

F2complying (so far as applicable) with any provision made by regulations under sub-paragraph (10).

4

The Secretary of State shall give a full-exemption certificate in respect of a combined heat and power station where—

a

an application is made for a certificate under this paragraph in respect of the station, and

b

it appears to him that such conditions as may be prescribed are satisfied in relation to the station.

For this purpose “prescribed” means prescribed by regulations made by the Treasury.

5

The Secretary of State shall give a part-exemption certificate in respect of a combined heat and power station where—

a

an application is made for a certificate under this paragraph in respect of the station, and

b

his decision on the application is to refuse to give a full-exemption certificate.

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In prescribing conditions under sub-paragraph (4), the Treasury must have regard to the object of securing that a combined heat and power station will only be a fully exempt combined heat and power station for the purposes of this Schedule if it is one in which electricity or motive power is produced concurrently with heat in a manner that makes efficient use of the commodities used in their production.

8

A condition prescribed under sub-paragraph (4) may, in particular, relate to any of the following—

a

a station’s outputs;

b

the commodities used in the production of such outputs;

c

the methods of producing such outputs;

d

the efficiency with which such outputs are produced.

9

For the purposes of sub-paragraph (8), a station’s “outputs” are any electricity or motive power produced in the station and any of the following supplied from the station, namely—

a

heat or steam, or

b

air, or water, that has been heated or cooled.

10

The Secretary of State may by regulations make provision for or about—

a

certificates under this paragraph;

b

applications for such certificates;

c

the information that is to accompany such applications.

11

The provision that may be made by virtue of sub-paragraph (10)(a) includes in particular—

a

provision in respect of the periods for which certificates under this paragraph are to be in force;

b

provision for the (non-retrospective) variation or revocation of such certificates.