Finance Act 2011

6 After paragraph 42 insert—

“42A (1) This paragraph applies if a taxable supply is subject to the carbon price support rates.

(2) A supply is subject to the carbon price support rates if—

(a) it is a supply of a taxable commodity, apart from electricity, to a person to be used by that person in producing electricity, and

(b) it is not within sub-paragraph (3).

(3) A supply is within this sub-paragraph if it is a supply of a taxable commodity to a person who intends to cause the commodity to be used in—

(a) a fully exempt combined heat and power station, or

(b) a partly exempt combined heat and power station,

in producing any outputs of the station.

(4) The amount payable by way of levy on the taxable supply is the amount ascertained by applying the relevant carbon price support rate; and the levy payable on a fraction of a quantity of a commodity is that fraction of the levy payable on that quantity of the commodity.

(5) The carbon price support rates are as follows.

Taxable commodity supplied	Carbon price support rate
Gas supplied by a gas utility or any gas supplied in a gaseous state that is of a kind supplied by a gas utility	£0.00091 per kilowatt hour
Any petroleum gas, or other gaseous hydrocarbon, supplied in a liquid state	£0.01460 per kilogram
Any other taxable commodity (apart from electricity)	£0.01188 per kilogram

(6) The Commissioners may by regulations make provision for giving effect to this paragraph.

(7) Regulations under sub-paragraph (6) may, in particular, include provision for determining whether or not a taxable supply is subject to the carbon price support rates.”