Part 2, Chapter 2, Section 8 · The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015

Contents

8EII certificates#

(1)Subject to regulation 10(7), a person who uses electricity for a specified activity is entitled, on application to the Secretary of State under regulation 10, to be issued with a certificate by the Secretary of State (an “EII certificate”) in respect of the electricity meter which measures the supply of that electricity where—

(a)the specified activity—

(i)is carried out in the course of the person’s business, and

(ii)has been carried out in the course of the person’s business for at least two consecutive financial quartersone financial quarter in the 12 month period immediately prior to the making of the EII application; ^note...

(b)either—

(i)the test in paragraph (2) is met in relation to that business, or

(ii)paragraph (4) or (7) applies to that business ; and

(c)the EII application contains evidence under regulation 10(2)(h) of the proportion of electricity measured by the meter that was used for a specified activity in the course of the person’s business in a period that is at least 3 months in length.

(2)The test in this paragraph is met in relation to a person’s business if—

(a)the electricity cost impact of the business in the relevant period is equal to, or greater than, 0.2; and

(b)provide electronic billing and billing information at the request of a final customer;

(b)it is reasonable to assume that, at the date of making the application, the person is not insolvent or likely to be insolvent.

(3)For the purposes of paragraph (2), the electricity cost impact is the amount calculated in accordance with the formula—

(4)Subject to paragraph (6), this paragraph applies to a person’s business where—

(a)an EII certificate has previously been issued to that person;

(b)that EII certificate is in force in respect of the meter that measures the supply of electricity to that business on the date of that person’s EII application; and

(c)when that person applied for that EII certificate, the relevant period was the three most recent business years for which there are annual accounts in respect of that person’s business or would have been but for the application of regulation 9A.

(5)Where a notice has been issued in respect of an EII certificate pursuant to regulation 12(7)(a), and the person who is identified in that notice makes an EII application in respect of the meter identified in that certificate before that certificate ceases to be valid, paragraph (4) is to be treated as applying to that person’s business in respect of that EII application if paragraph (4) applies to that person’s business in respect of another EII certificate.

(6)If paragraph (4) applies to a person’s business in respect of four consecutive EII applications, the test in paragraph (2) must be met in relation to that person’s business in respect of an EII application identifying that meter before paragraph (4) will apply again.

(7)This paragraph applies to a person’s business where—

(a)that person makes a force majeure application in relation to that business; ^note...

(b)in the opinion of the Secretary of State, but for force majeure the test in paragraph (2) would have been met ; and

(c)regulation 6 (heat cost allocators and hot water meters);

(c)sub-paragraph (b) of that test is met in relation to the person’s business.

(8)An EII certificate must set out an address and an email address provided by the Secretary of State for correspondence about that certificate.

(9)Except in the case of extending a final written warning, the disciplinary action has effect from the date on which it is notified to the officer concerned.

(a)regulation 3 (duty to notify);

(b)provide electronic billing and billing information at the request of a final customer;

(10)Where the question of disciplinary action is being considered, the person or persons considering it—

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 19

Show every defined term

electricity supplier
has the meaning given in the ESO Regulations;
Excluded Electricity Regulations
means the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015;”
financial quarter
means a period of three consecutive months in a business year;
financial year
means a period of 12 months commencing with 1st April and a reference to a financial year followed by the number of a calendar year is to be construed as a reference to the financial year commencing with 1st April of that year;
force majeure
means abnormal and unforeseeable circumstances, including natural events, outside the control of the person applying for an EII certificate, the consequences of which could not have been avoided by the exercise of all due care by that person;
force majeure application
means an EII application which states that the person’s business to which the application relates was affected by force majeure during the relevant period;
new business
means a person’s business— (a) in respect of which no annual accounts have been prepared by that person;
non-specified activity
means the manufacture, production or processing of any product or substance, except where the manufacture, production or processing of the product or substance is a specified activity;
previous year
has the meaning given in regulation 10(10);
proper address
means— (a) in the case of a body corporate— (i) the registered or principal office of that body, or (ii) an email address provided (and not withdrawn) by that body;
quarter
means a period of 3 months beginning on 1st January, 1st April, 1st July or 1st October.
quarterly obligation period
has the meaning given in the ESO Regulations;
relevant arrangements
has the meaning given by regulation 7;
relevant electricity
means electricity used for a specified activity in the course of the business of the person applying for the EII certificate.
relevant person
refers to any of the following—
specified activity
means an activity classified by a NACE Rev 2 class specified in column 2 of the table in the Schedule which corresponds with the description of that class in column 1 of the table;
start date
means— (a) if the meter measured the supply of electricity used for a specified activity during the entire calendar year (the “previous year”) immediately preceding the calendar year in which the EII application for the EII certificate mentioned in paragraph (1) is made, the beginning of the previous year;
the Act
means the Energy Act 2013;
working day
means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.