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Statutory Instruments

2014 No. 1318

Climate Change Levy

The Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2014

Made

21st May 2014

Laid before the House of Commons

27th May 2014

Coming into force

1st July 2014

The Secretary of State makes the following Regulations, in exercise of the powers conferred by paragraphs 50(3), 50(4) and 146 of Schedule 6 to the Finance Act 2000(1):

Citation and commencement

1.  These Regulations may be cited as the Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2014 and come into force on 1st July 2014.

Amendments to the Climate Change Agreements (Eligible Facilities) Regulations 2012

2.—(1) The Climate Change Agreements (Eligible Facilities) Regulations 2012(2) are amended as follows.

(2) In regulation 2 after the definition of “coating material”, insert—

“data facility” means a room, or rooms sharing the same electricity supply circuit, occupied mainly or exclusively by computer equipment which is enabled to transfer data electronically, and where in respect of the room or rooms—

(a)

the temperature and humidity is regulated in connection with the operation of the computer equipment;

(b)

the electricity supply is at least 200kW; and

(c)

electricity is supplied by a back-up electricity supply when the mains supply is interrupted;.

(3) In regulation 2 after the definition of “relevant commodities”, insert—

“semi-processing” means debarking and sawing an unprocessed log;

“unprocessed log” means a log from which the branches have been removed, but to which no other processing has been applied;.

(4) At the end of the Schedule insert—

37.  Where the business activity is the leasing or licensing of a data facility which is being used as a data centre.

38.  Where—

(a)an unprocessed log undergoes semi-processing (“a semi-processed log”); or

(b)a semi-processed log is kiln dried, graded, planed, shaped, or chemically treated where this occurs at the same installation or site where the log underwent semi-processing.

Gregory Barker

Minister of State

Department of Energy and Climate Change

21st May 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Climate Change Agreements (Eligible Facilities) Regulations 2012 (S.I.2012/2999) by adding two new paragraphs to the Schedule to those regulations. These paragraphs add two new descriptions of relevant processes and activities carried out at an installation or a site for the purposes of determining whether or not the installation or site is a facility that is eligible for inclusion in a climate change agreement.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(2)

S.I. 2012/2999, to which there are amendments not relevant to these Regulations.