32. Climate Change Levy (combined heat and power stations)

Amendment of the Law – in the House of Commons at 9:39 pm on 23rd March 2015.

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Resolved,

That—

(1) Schedule 6 to the Finance Act 2000 (climate change levy) is amended as follows.

(2) In paragraph 24B (deemed taxable supply: commodities to be used in combined heat and power station)—

(a) in sub-paragraph (2), at the end insert “to which sub-paragraph (2A) does not apply”,

(b) after that sub-paragraph insert—

“(2A) This sub-paragraph applies to electricity so far as—

(a) it is included in the CHP Qualifying Power Output of the combined heat and power station’s CHPQA scheme, and

(b) either condition A or B is met.

(2B) Condition A is that the producer of the electricity makes no supply of it to another person, but causes it to be consumed in the United Kingdom.

(2C) Condition B is that the electricity is supplied (within the meaning of Part 1 of the Electricity Act 1989 (see section 64 of that Act)) by a person who is an exempt unlicensed electricity supplier.”,

(c) in sub-paragraph (3), after “electricity” insert “to which sub-paragraph (2A) does not apply”, and

(d) for sub-paragraph (7) substitute—

“(7) For the purposes of this paragraph—

“CHP Qualifying Power Output” has the meaning given by section 4 of the Combined Heat and Power Quality Assurance Standard, Issue 5 (November 2013), prepared by the Department of Energy and Climate Change or, if that issue of the Standard has been replaced by another issue, by the current issue of the Standard (taking account, in either case, of any amendment which has been made to the issue);

“CHPQA scheme”, in relation to a combined heat and power station, means the scheme in relation to which the station’s CHPQA certificate was issued;

“CHPQA site”, in relation to a fully exempt combined heat and power station or a partly exempt combined heat and power station, means the site of the CHPQA scheme.”

(3) In paragraph 24C (initial determination under paragraph 24B(3) superseded by later determination), in sub-paragraph (1)—

(a) in paragraph (a), at the end insert “to which paragraph 24B(2A) does not apply”, and

(b) in paragraph (c)(i), after “electricity” insert “to which paragraph 24B(2A) does not apply”.

(4) In paragraph 62 (tax credits), in sub-paragraph (1)(bb), after “electricity”, in both places, insert “to which paragraph 24B(2A) does not apply”.

(5) The amendments made by this Resolution have effect in relation to carbon price support rate commodities brought onto, or arriving at, a CHPQA site of a combined heat and power station in Great Britain on or after 1 April 2015.

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.