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9.—(1) Regulation 13 of the ESO Regulations is amended as follows.
(2) In paragraph (1) for “relation to”, in each place it occurs, substitute “respect of electricity supply during”.
(3) For paragraph (3) substitute—
“(3) Where the CFD counterparty has determined an adjusted interim levy rate it must—
(a)as soon as reasonably practicable, publish a notice setting out that rate and issue that notice to every electricity supplier who has a BM Unit registered as at the day before the date of publication of the notice;
(b)issue that notice to every electricity supplier who has a BM unit that becomes registered on or after the date of publication of the notice and by the last day of the quarterly obligation period during which that rate has effect, as soon as reasonably practicable after the BM Unit is registered; and
(c)where paragraph (5) applies, specify a date on which the rate shall have effect.”.
(4) In paragraph (4) for “An adjusted interim levy rate” substitute “Where the adjusted interim levy rate is greater than the previous levy rate, it”.
(5) After paragraph (4) insert—
“(5) Where the adjusted interim levy rate is less than the previous levy rate, it has effect from the date specified in the notice published under paragraph (3).
(6) For the purpose of paragraphs (4) and (5), “previous levy rate” means the interim levy rate or the adjusted interim levy rate most recently determined in respect of the rate period.”.
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