SCHEDULE 3 Exemptions from Article 8(1)(c) of the Electricity Order

Class B: Resale
Persons who—
(a) do not supply any electricity except—
(i) electricity which is supplied to their premises by the holder of a licence under Article 10(1)(c) or (2) of the Electricity Order or by a person in circumstances such that he falls within Class C in this Schedule (in this Class referred to as a “Class C supplier”) provided that for the purpose of determining for the purpose of this Class and paragraphs B.1 and B.2 whether a person is supplying electricity in such circumstances paragraphs (b)(i) and (ii) of Class C in this Schedule shall have effect as if the words from “and” to “Schedule” in each case, were omitted; or
(ii) electricity which they generate themselves or which is supplied to them by a person authorised by an exemption to supply electricity when—
(aa) the supply of electricity which is normally available to them from the holder of a licence under Article 10(1)(c) or (2) of the Electricity Order or a Class C supplier (their “normal supply”) is interrupted temporarily due to circumstances outside their control; or
(bb) the plant or equipment which is used to generate electricity for the purpose of giving their normal supply is being tested; and
(b) to the extent that they supply Class C electricity—
(i) supply such electricity only to premises which are on the same site as the relevant premises; and
(ii) comply with all the conditions set out at B.2.
B.1. For the purposes of Class B—
“Class C electricity” means electricity which is supplied by a person in circumstances such that he falls within Class C in this Schedule;
“relevant premises” in relation to any reference to a supplier falling or seeking to fall within Class B, means the premises from which he supplies that electricity; and
“year” means a period of twelve months running from 1st October to 30th September.
B.2. The conditions referred to in sub-paragraph (b) of Class B are as follows:
(a) In respect of each relevant premises the supplier must not in the previous year have supplied from those relevant premises an amount of Class C electricity which is more than the lower of—
(i) 10 per cent of the Class C electricity supplied in that year to those relevant premises; or
(ii) subject to sub-paragraph (c), 250 megawatt hours of electricity.
(b) If during a year the supplier starts to supply Class C electricity from any particular relevant premises for the first time at the time he starts to make such supplies he must reasonably expect that the total amount of Class C electricity supplied by him during the remainder of that year from those premises will be no more than the lower of—
(i) 10 per cent of the Class C electricity supplied in that year to those relevant premises; or
(ii) the amount obtained by multiplying 250 megawatt hours by a percentage equal to the percentage of the year remaining.
(c) If during the previous year the supplier started to supply Class C electricity from any particular relevant premises for the first time, the amount set out in sub-paragraph (a)(ii) shall be reduced to the amount which is obtained by multiplying 250 megawatt hours by a percentage equal to the percentage of the year remaining at the time he started to make such supplies.
B.3. A supplier shall not, if and to the extent that it would lead to his falling outside Class B, be treated as supplying Class C electricity to any premises during a year in which the relevant premises are being supplied with electricity by the holders of licences under Article 10(1)(c) or (2) of the Electricity Order, unless he supplies more electricity in that year than the amount of electricity which is supplied to those relevant premises by the holders of licences under Article 10(1)(c) or (2) of the Electricity Order in that year.