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1.—(1) Subject to section 3, a public body or undertaking (“A”) is supplied with electricity by a person (“B”) where—
(a)A agrees with B that B will supply electricity to A and that A will pay B for that supply;
(b)A receives a supply further to that agreement; and
(c)that supply is measured by a metering device or is a dynamic supply.
(2) A supply of electricity is made at the time it is received.
(3) In sub-paragraph (1)(c) “metering device” is a device where the electricity supplied is charged for as measured by the device.
2.—(1) Subject to section 3, a public body or undertaking (“A”) is supplied with gas by a person (“B”) where—
(a)A agrees with B that B will supply gas to A and that A will pay B for that supply;
(b)A receives a supply further to that agreement; and
(c)that supply is measured by a metering device.
(2) A supply of gas is made at the time it is received.
(3) In sub-paragraph (1)(c), a “metering device” is a device where the gas supplied is charged for as measured by the device.
3.—(1) Subject to sub-paragraph (2) and section 3, a public body or undertaking (“A”) is supplied with fuel by a person (“B”) where—
(a)A agrees with B that B will supply fuel to A and that A will pay B for that supply; and
(b)A receives a supply further to that agreement.
(2) No supply of fuel is made under sub-paragraph (1) where that fuel is supplied under paragraph 2.
(3) A supply is made to A—
(a)at the time the supply is delivered to A; or
(b)if later, at the time that B provides written confirmation to A of the delivery.
(4) In this paragraph—
“fuel” means any of the fuels listed in column 1 of the table in paragraph 4 (“fuels table”);
“waste” (including in “waste oil” and “waste solvents” in that table)—
has the meaning given in section 75(2) of the Environmental Protection Act 1990(1); but
excludes—
any other fuel (except waste oil or waste solvents);
biomass; or
gas derived from a landfill site or produced from the treatment of sewage.
(5) In sub-paragraph (4), “biomass” has the same meaning it has under article 4 of the Renewables Obligation Order 2009(2) and as if that article applied in Scotland and Northern Ireland.
4. The fuels table referred to in paragraph 3—
Fuel | Measurement unit |
---|---|
Aviation spirit | tonnes |
Aviation turbine fuel | tonnes |
Basic Oxygen Steel (BOS) gas | kWh |
Blast furnace gas | kWh |
Burning oil/kerosene/paraffin | litres |
Cement industry coal | tonnes |
Coke oven gas | kWh |
Commercial and public sector coal | tonnes |
Coking coal | tonnes |
Colliery methane | kWh |
Diesel | litres |
Fuel oil | tonnes |
Gas oil | litres |
Industrial coal | tonnes |
Lignite | tonnes |
Liquid petroleum gas (LPG) | litres |
Peat | tonnes |
Naphtha | tonnes |
Natural gas | kWh |
Other petroleum gas | kWh |
Petrol | litres |
Petroleum coke | tonnes |
Scrap tyres | tonnes |
Solid smokeless fuel | tonnes |
Sour gas | kWh |
Waste (other than waste oil or waste solvents) | tonnes |
Waste oil | tonnes |
Waste solvents | tonnes |
5.—(1) Where in this Order information must be provided concerning a supply of electricity, gas or fuel, the amount of that supply must be expressed in the applicable measurement unit.
(2) The following measurement units apply—
(a)electricity and gas, kWh;
(b)fuels, as stated in column 2 of the fuels table.
1990 c. 43. Section 75(2) was amended by section 120(1) of and paragraph 88(1) and (2) of Schedule 22 to the Environment Act 1995 (c. 25) under which the definition of “waste” was inserted. There are other amendments to that section which are not relevant.
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