The CRC Energy Efficiency Scheme Order 2013

Occupation of premises

16.—(1) Sub-paragraph (2) applies where—

(a) A has an unconsumed supply; and

(b) that unconsumed supply is consumed by a person (“B”) in respect of premises which B occupies with the permission of A.

(2) Subject to sub-paragraph (3), paragraphs 14(3) and 15(3) do not apply to an unconsumed supply to which sub-paragraph (1) applies.

(3) Sub-paragraph (2) does not apply where—

(a) B is a Northern Ireland Department which occupies premises with the permission of A, and A is another Northern Ireland Department; or

(b) B has entered into a construction lease with A in respect of the premises described in paragraph (1)(b).

(4) A “construction lease” is a lease entered into between A and B for a minimum period of 30 years where—

(a) B covenants—

(i) to obtain all necessary consents and approvals and to erect fencing or erect a building on the premises within a period of not more than 2 years from the lease commencement date;

(ii) to install all necessary gas, electricity and water supplies to the premises to comply with statutory requirements within a period of not more than 2 years from the lease commencement date; and

(iii) if required by A, to remove any buildings or works constructed by B on the premises at termination of the lease; and

(b) A covenants to compensate B for any improvements made to the premises by B during the period of the lease.