309AExcluded activities: subsidised generation or export of electricity

1

This section supplements section 303(1)(ka).

2

Electricity is exported if it is exported onto a distribution system or transmission system (within the meaning of section 4 of the Electricity Act 1989).

3

The generation of electricity is “subsidised” if a person receives a FIT subsidy in respect of the electricity generated.

4

The export of electricity is “subsidised” if a person receives a FIT subsidy in respect of the electricity exported.

5

But the generation or export of electricity is not to be taken to fall within section 303(1)(ka) if Condition A, B or C is met.

6

Condition A is that the generation or export is carried on by—

a

a community interest company,

b

a co-operative society,

c

a community benefit society, or

d

a NI industrial and provident society.

7

Condition B is that the plant used to generate the electricity relies wholly or mainly on anaerobic digestion.

8

Condition C is that the electricity is hydroelectric power.

9

For the purposes of this section—

• “anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen (excluding anaerobic digestion of sewage or material in a landfill);

• “community benefit society” means—

  1. a

     a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 as a community benefit society, or

  2. b

     a pre-2010 Act society (as defined at section 4A(1) of that Act) which meets the condition in section 1(3) of that Act;

• “co-operative society” means—

  1. a

     a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 as a co-operative society, or

  2. b

     a pre-2010 Act society (as defined at section 4A(1) of that Act) which meets the condition in section 1(2) of that Act;

• “FIT subsidy” means—

  1. a

     a financial incentive under a scheme established by virtue of section 41 of the Energy Act 2008 (powers to amend licence conditions etc: feed-in tariffs) to encourage small-scale low-carbon generation of electricity, or

  2. b

     a financial incentive under a similar scheme established in a territory outside the United Kingdom to encourage small-scale low-carbon generation of electricity;

• “NI industrial and provident society” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.));

• “small-scale low-carbon generation” has the meaning given by section 41(4) of the Energy Act 2008.