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22.—(1) A responsible undertaking must, unless regulation 33(3) applies, calculate the participant’s total energy consumption.
(2) The calculation referred to in paragraph (1) must—
(a)be carried out on or after the qualification date for the compliance period,
(b)subject to paragraph (3), be based on the energy consumption of assets held, and activities carried on, by the participant on the qualification date for that compliance period, and
(c)be based on the participant’s energy consumption during the reference period.
(3) A responsible undertaking may elect to exclude from the calculation referred to in paragraph (1) energy consumed by any asset which is no longer held by it, or by any activity which is no longer carried on by it (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, any asset which is no longer held, or any activity which is no longer carried on, by any of those relevant undertakings) on the compliance date.
(4) In these Regulations—
(a)“activities carried on” includes offshore activities,
(b)“assets held” includes offshore installations.
(5) The “reference period”, in relation to a compliance period, means a period of 12 consecutive months which—
(a)begins no more than 12 months before the qualification date, and
(b)ends on or before the compliance date.
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