Finance Bill - continued        House of Lords
SCHEDULE 6, CLIMATE CHANGE LEVY - continued

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  PART XII
  INFORMATION AND EVIDENCE
 
Provision of information
     124. - (1) Every person involved (in whatever capacity) in making or receiving supplies of taxable commodities, or in any connected activities, shall provide the Commissioners with such information relating to the matters in which he is or has been involved as the Commissioners may reasonably require.
 
      (2) Information required under sub-paragraph (1) shall be provided to the Commissioners within such period after being required, and in such form, as the Commissioners may reasonably require.
 
      (3) Subject to sub-paragraphs (4) and (5) and to paragraph 107(5) (which relates to supplementary assessments of daily penalties), if a person fails to provide information which he is required to provide under this paragraph, he shall be liable-
 
 
    (a) to a penalty of £250; and
 
    (b) to a further penalty of £20 for every day after the last relevant date and before the day after that on which the required information is provided.
      (4) Liability to a penalty specified in sub-paragraph (3) shall not arise if the person required to provide the information satisfies the Commissioners or, on appeal, an appeal tribunal-
 
 
    (a) in the case of the penalty under paragraph (a) of that sub-paragraph that there is a reasonable excuse-
 
      (i) for the initial failure to provide the required information on or before the last relevant date; and
 
      (ii) for every subsequent failure to provide it;
 
    and
 
    (b) in the case of any penalty under paragraph (b) of that sub-paragraph for any day, that there is a reasonable excuse for the failure to provide the information on or before that day.
      (5) Where, by reason of any failure by any person to provide information required under this paragraph-
 
 
    (a) that person is convicted of an offence (whether under this Act or otherwise), or
 
    (b) that person is assessed to a penalty under paragraph 98 (penalty for evasion),
       that person shall not by reason of that failure be liable also to a penalty under this paragraph.
 
      (6) In this paragraph "the last relevant date" means the last day of the period within which the person in question was required to provide the information.
 
 
Records
     125. - (1) The Commissioners may by regulations impose obligations to keep records on persons who are, or are required to be, registered.
 
      (2) Regulations under this paragraph may be framed by reference to such records as may be stipulated in any notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice.
 
      (3) Regulations under this paragraph may-
 
 
    (a) require any records kept in pursuance of the regulations to be preserved for such period, not exceeding six years, as may be specified in the regulations;
 
    (b) authorise the Commissioners to direct that any such records need only be preserved for a shorter period than that specified in the regulations;
 
    (c) authorise a direction to be made so as to apply generally or in such cases as the Commissioners may stipulate.
      (4) Any duty under regulations under this paragraph to preserve records may be discharged by the preservation of the information contained in them by such means as the Commissioners may approve.
 
      (5) The Commissioners may, as a condition of approving under sub-paragraph (4) any means of preserving information contained in any records, impose such reasonable requirements as appear to them necessary for securing that the information will be as readily available to them as if the records themselves had been preserved.
 
      (6) Subject to sub-paragraphs (7) and (8), a person who fails to preserve any record in compliance with-
 
 
    (a) any regulations under this paragraph, or
 
    (b) any notice, direction or requirement given or imposed under such regulations,
       shall be liable to a penalty of £250.
 
      (7) A failure such as is mentioned in sub-paragraph (6) shall not give rise to any penalty under that sub-paragraph if the person required to preserve the record satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
 
      (8) Where, by reason of any such failure by any person as is mentioned in sub-paragraph (6)-
 
 
    (a) that person is convicted of an offence (whether under this Act or otherwise), or
 
    (b) that person is assessed to a penalty under paragraph 98 (penalty for evasion),
       that person shall not by reason of that failure be liable also to a penalty under this paragraph.
 
      (9) The Commissioners may if they think fit at any time modify or withdraw any approval or requirement given or imposed for the purposes of this paragraph.
 
 
Evidence of records that are required to be preserved
     126. - (1) Subject to the following provisions of this paragraph, where any obligation to preserve records is discharged in accordance with paragraph 125(4), a copy of any document forming part of the records shall be admissible in evidence in any proceedings, whether civil or criminal, to the same extent as the records themselves.
 
      (2) A statement contained in a document produced by a computer shall not by virtue of this paragraph be admissible in evidence-
 
 
    (a) in criminal proceedings in England and Wales, except in accordance with Part II of the Criminal Justice Act 1988;
 
    (b) in civil proceedings in Scotland, except in accordance with sections 5 and 6 of the Civil Evidence (Scotland) Act 1988;
 
    (c) in criminal proceedings in Scotland, except in accordance with Schedule 8 to the Criminal Procedure (Scotland) Act 1995;
 
    (d) in criminal proceedings in Northern Ireland, except in accordance with Part II of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988.
 
Production of documents
     127. - (1) Every person involved (in whatever capacity) in making or receiving supplies of taxable commodities, or in any connected activities, shall upon demand made by an authorised person produce or cause to be produced for inspection by that person any documents relating to the matters in which he is or has been involved.
 
      (2) Where, by virtue of sub-paragraph (1), an authorised person has power to require the production of any documents from any person-
 
 
    (a) he shall have the like power to require production of the documents concerned from any other person who appears to the authorised person to be in possession of them; and
 
    (b) the production of any document by that other person in pursuance of a requirement under this sub-paragraph shall be without prejudice to any lien claimed by that other person on that document.
      (3) The documents mentioned in sub-paragraphs (1) and (2) shall be produced at such time and place as the authorised person may reasonably require.
 
      (4) Subject to sub-paragraphs (5) and (6) and to paragraph 107(5) (which relates to supplementary assessments of daily penalties), if a person fails to produce any document which he is required to produce under this paragraph, he shall be liable-
 
 
    (a) to a penalty of £250; and
 
    (b) to a further penalty of £20 for every day after the last relevant date and before the day after that on which the document is produced.
      (5) Liability to a penalty specified in sub-paragraph (4) shall not arise if the person required to produce the document in question satisfies the Commissioners or, on appeal, an appeal tribunal-
 
 
    (a) in the case of the penalty under paragraph (a) of that sub-paragraph, that there is a reasonable excuse-
 
      (i) for the initial failure to produce the document at the required time; and
 
      (ii) for every subsequent failure to produce it;
 
    and
 
    (b) in the case of any penalty under paragraph (b) of that sub-paragraph for any day, that there is a reasonable excuse for the failure to produce the document on or before that day.
      (6) Where, by reason of any failure by any person to provide information required under this paragraph-
 
 
    (a) that person is convicted of an offence (whether under this Act or otherwise), or
 
    (b) that person is assessed to a penalty under paragraph 98 (penalty for evasion),
       that person shall not by reason of that failure be liable also to a penalty under this paragraph.
 
      (7) In this paragraph "the last relevant date" means the last day of the period within which the person in question was required to produce the document.
 
 
Powers in relation to documents produced
     128. - (1) An authorised person may take copies of, or make extracts from, any document produced under paragraph 127.
 
      (2) If it appears to him to be necessary to do so, an authorised person may, at a reasonable time and for a reasonable period, remove any document produced under paragraph 127.
 
      (3) An authorised person who removes any document under sub-paragraph (2) shall, if requested to do so, provide a receipt for the document so removed.
 
      (4) Where a lien is claimed on a document produced under paragraph 127(2), the removal of the document under sub-paragraph (2) shall not be regarded as breaking the lien.
 
      (5) Where a document removed by an authorised person under sub-paragraph (2) is reasonably required for any purpose he shall, as soon as practicable, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
 
      (6) Where any documents removed under the powers conferred by this paragraph are lost or damaged, the Commissioners shall be liable to compensate their owner for any expenses reasonably incurred by him in replacing or repairing the documents.
 
 
Entry and inspection
     129. For the purpose of exercising any powers under this Schedule, an authorised person may at any reasonable time enter and inspect premises used in connection with the carrying on of a business.
 
 
Entry and search
     130. - (1) Where-
 
 
    (a) a justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that a fraud offence which appears to be of a serious nature is being, has been or is about to be committed on any premises or that evidence of the commission of such an offence is to be found there, or
 
    (b) in Scotland a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) is satisfied by evidence on oath as mentioned in paragraph (a),
       he may issue a warrant in writing authorising any authorised person to enter those premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.
 
      (2) A person who enters the premises under the authority of the warrant may-
 
 
    (a) take with him such other persons as appear to him to be necessary;
 
    (b) seize and remove any such documents or other things at all found on the premises as he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of a fraud offence which appears to him to be of a serious nature;
 
    (c) search, or cause to be searched, any person found on the premises whom he has reasonable cause to believe to be in possession of any documents or other things which may be so required.
      (3) Sub-paragraph (2) shall not authorise any person to be searched by a member of the opposite sex.
 
      (4) The powers conferred by a warrant under this paragraph shall not be exercisable-
 
 
    (a) by more than such number of authorised persons as may be specified in the warrant;
 
    (b) outside such periods of the day as may be so specified; or
 
    (c) if the warrant so provides, otherwise than in the presence of a constable in uniform.
      (5) An authorised person seeking to exercise the powers conferred by a warrant under this paragraph or, if there is more than one such authorised person, such one of them as is in charge of the search shall provide a copy of the warrant endorsed with his name as follows-
 
 
    (a) if the occupier of the premises concerned is present at the time the search is to begin, the copy shall be supplied to the occupier;
 
    (b) if at that time the occupier is not present but a person who appears to the authorised person to be in charge of the premises is present, the copy shall be supplied to that person;
 
    (c) if neither paragraph (a) nor paragraph (b) applies, the copy shall be left in a prominent place on the premises.
      (6) In this paragraph "a fraud offence" means an offence under any of paragraphs 92 to 94.
 
 
Order for access to recorded information etc.
     131. - (1) Where, on an application by an authorised person, a justice of the peace or, in Scotland, a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) is satisfied that there are reasonable grounds for believing-
 
 
    (a) that an offence in connection with levy is being, has been or is about to be committed, and
 
    (b) that any recorded information (including any document of any nature at all) which may be required as evidence for the purpose of any proceedings in respect of such an offence is in the possession of any person,
       he may make an order under this paragraph.
 
      (2) An order under this paragraph is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates shall-
 
 
    (a) give an authorised person access to it, and
 
    (b) permit an authorised person to remove and take away any of it which he reasonably considers necessary,
       not later than the end of the period of seven days beginning with the date of the order or the end of such longer period as the order may specify.
 
      (3) The reference in sub-paragraph (2)(a) to giving an authorised person access to the recorded information to which the application relates includes a reference to permitting the authorised person to take copies of it or to make extracts from it.
 
      (4) Where the recorded information consists of information contained in a computer, an order under this paragraph shall have effect as an order to produce the information-
 
 
    (a) in a form in which it is visible and legible; and
 
    (b) if the authorised person wishes to remove it, in a form in which it can be removed.
      (5) This paragraph is without prejudice to the preceding paragraphs of this Part of this Schedule.
 
 
Removal of documents etc.
     132. - (1) An authorised person who removes anything in the exercise of a power conferred by or under paragraph 130 or 131 shall, if so requested by a person showing himself-
 
 
    (a) to be the occupier of premises from which it was removed, or
 
    (b) to have had custody or control of it immediately before the removal,
       provide that person with a record of what he removed.
 
      (2) The authorised person shall provide the record within a reasonable time from the making of the request for it.
 
      (3) Subject to sub-paragraph (7), if a request for permission to be allowed access to anything which-
 
 
    (a) has been removed by an authorised person, and
 
    (b) is retained by the Commissioners for the purposes of investigating an offence,
       is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of an authorised person.
 
      (4) Subject to sub-paragraph (7), if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall-
 
 
    (a) allow the person who made the request access to it under the supervision of an authorised person for the purpose of photographing it or copying it; or
 
    (b) photograph or copy it, or cause it to be photographed or copied.
      (5) Subject to sub-paragraph (7), where anything is photographed or copied under sub-paragraph (4)(b), the officer shall supply the photograph or copy, or cause it to be supplied, to the person who made the request.
 
      (6) The photograph or copy shall be supplied within a reasonable time from the making of the request.
 
      (7) There is no duty under this paragraph to allow access to anything, or to supply a photograph or copy of anything, if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice-
 
 
    (a) that investigation;
 
    (b) the investigation of an offence other than the offence for the purposes of the investigation of which the thing was removed; or
 
    (c) any criminal proceedings which may be brought as a result of the investigation of which he is in charge or any such investigation as is mentioned in paragraph (b).
      (8) Any reference in this paragraph to the officer in overall charge of the investigation is a reference to the person whose name and address are endorsed on the warrant concerned as being the officer so in charge.
 
 
Enforcement of paragraph 132
     133. - (1) Where, on an application made as mentioned in sub-paragraph (2), the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by paragraph 132, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.
 
      (2) An application under sub-paragraph (1) shall not be made except-
 
 
    (a) in the case of a failure to comply with any of the requirements imposed by paragraph 132(1) and (2)-
 
      (i) by the occupier of the premises from which the thing in question was removed, or
 
      (ii) by the person who had custody or control of it immediately before it was so removed;
 
    (b) in any other case, by the person who had such custody or control.
      (3) In this paragraph "the appropriate judicial authority" means-
 
 
    (a) in England and Wales, a magistrates' court;
 
    (b) in Scotland, the sheriff;
 
    (c) in Northern Ireland, a court of summary jurisdiction, as defined in Article 2(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.
      (4) In England and Wales and Northern Ireland, an application for an order under this paragraph shall be made by way of complaint; and sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this paragraph.
 
 
Power to take samples and examine meters
     134. - (1) An authorised person, if it appears to him necessary for the protection of the revenue against mistake or fraud, may at any time take, from material which he has reasonable cause to believe is-
 
 
    (a) a taxable commodity which is intended to be, is being or has been the subject of a taxable supply, or
 
    (b) a product of the burning of a taxable commodity (other than electricity) which is being or has been the subject of a taxable supply,
       such samples as he may require with a view to determining how the material ought to be treated, or to have been treated, for the purposes of the levy.
 
      (2) An authorised person, if it appears to him necessary for the protection of the revenue against mistake or fraud, may at any time examine any meter which he has reasonable cause to believe is intended to be, is being or has been used for ascertaining the quantity of any taxable commodity supplied by a taxable supply.
 
      (3) Any sample taken under sub-paragraph (1) shall be disposed of in such manner as the Commissioners may direct.
 
 
Evidence by certificate
     135. - (1) In any proceedings a certificate of the Commissioners-
 
 
    (a) that a person was or was not at any time registered for the purposes of the levy,
 
    (b) that any return required by regulations made under paragraph 41 has not been made or had not been made at any time,
 
    (c) that any levy shown as due in a return made in pursuance of regulations made under paragraph 41 has not been paid, or
 
    (d) that any amount shown as due in any assessment made under this Schedule has not been paid,
       shall be evidence or, in Scotland, sufficient evidence of that fact.
 
      (2) A photograph of any document provided to the Commissioners for the purposes of this Schedule and certified by them to be such a photograph shall be admissible in any proceedings, whether civil or criminal, to the same extent as the document itself.
 
      (3) In any proceedings any document purporting to be a certificate under sub-paragraph (1) or (2) shall be taken to be such a certificate unless the contrary is shown.
 
 
Inducements to provide information
     136. - (1) This paragraph applies-
 
 
    (a) to any criminal proceedings against a person in respect of an offence in connection with or in relation to levy; and
 
    (b) to any proceedings against a person for the recovery of any sum due from him in connection with or in relation to levy.
      (2) Statements made or documents produced or provided by or on behalf of a person shall not be inadmissible in any proceedings to which this paragraph applies by reason only that-
 
 
    (a) a matter falling within sub-paragraph (3) or (4) has been drawn to that person's attention; and
 
    (b) he was or may have been induced, as a result, to make the statements or to produce or provide the documents.
      (3) The matters falling within this sub-paragraph are-
 
 
    (a) that, in relation to levy, the Commissioners may assess an amount due by way of a civil penalty instead of instituting criminal proceedings;
 
    (b) that it is the practice of the Commissioners (without giving any undertaking as to whether they will make such an assessment in any case) to be influenced by whether a person-
 
      (i) has made a full confession of any dishonest conduct to which he has been a party; and
 
      (ii) has otherwise co-operated to the full with any investigation.
      (4) The matter falling within this sub-paragraph is the fact that the Commissioners or, on appeal, an appeal tribunal have power under any provision of this Schedule to reduce a penalty.
 
 
Disclosure of information
     137. - (1) Notwithstanding any obligation not to disclose information that would otherwise apply, but subject to sub-paragraph (2), the Commissioners may disclose any information obtained or held by them in or in connection with the carrying out of their functions in relation to the levy to any of the following-
 
 
    (a) any Minister of the Crown;
 
    (b) the Scottish Ministers;
 
    (c) any Minister, within the meaning of the Northern Ireland Act 1998, or any Northern Ireland department;
 
    (d) the National Assembly for Wales;
 
    (e) the Environment Agency;
 
    (f) the Scottish Environment Protection Agency;
 
    (g) the Gas and Electricity Markets Authority;
 
    (h) the Director General of Electricity Supply for Northern Ireland;
 
    (i) the Director General of Gas for Northern Ireland;
 
    (j) an authorised officer of any person mentioned in paragraphs (a) to (i).
      (2) Information shall not be disclosed under sub-paragraph (1) except for the purpose of assisting a person falling within paragraphs (a) to (j) of that sub-paragraph in the performance of his duties.
 
      (3) Notwithstanding any such obligation as is mentioned in sub-paragraph (1), any person mentioned in sub-paragraph (1)(a) to (j) may disclose information-
 
 
    (a) to the Commissioners, or
 
    (b) to an authorised officer of the Commissioners,
       for the purpose of assisting the Commissioners in the performance of duties in relation to the levy.
 
      (4) Information that has been disclosed to a person by virtue of this paragraph shall not be disclosed by him except-
 
 
    (a) to another person to whom (instead of him) disclosure could by virtue of this paragraph have been made; or
 
    (b) for the purpose of any proceedings connected with the operation of any provision made by or under any enactment relating to the environment or to levy.
      (5) References in the preceding provisions of this paragraph to an authorised officer of any person ("the principal") are to any person who has been designated by the principal as a person to and by whom information may be disclosed by virtue of this paragraph.
 
      (6) Where the principal is a person falling within any of paragraphs (a) to (c) of sub-paragraph (1), the principal shall notify the Commissioners in writing of the name of any person designated by the principal for the purposes of this paragraph.
 
      (7) No charge may be made for any disclosure made by virtue of this paragraph.
 
      (8) In this paragraph "enactment" includes an enactment contained in an Act of the Scottish Parliament or in any Northern Ireland legislation.
 
 
Meaning of "authorised person"
     138. In this Part of this Schedule "authorised person" means any person acting under the authority of the Commissioners.
 
  PART XIII
  MISCELLANEOUS AND SUPPLEMENTARY
 
Security for levy
     139. - (1) Where it appears to the Commissioners necessary to do so for the protection of the revenue they may require any person who is or is required to be registered for the purposes of the levy to give security, or further security, for the payment of any levy which is or may become due from him.
 
      (2) The power of the Commissioners to require any security, or further security, under this paragraph shall be a power to require security, or further security, of such amount and in such manner as they may determine.
 
      (3) A person who is liable to account for the levy on a taxable supply that he makes is guilty of an offence if, at the time the supply is made-
 
 
    (a) he has been required to give security under this paragraph, and
 
    (b) he has not complied with that requirement.
      (4) A person who is liable to account for the levy on a taxable supply that another person makes to him is guilty of an offence if he makes any arrangements for the making of the supply at a time when-
 
 
    (a) he has been required to give security under this paragraph, and
 
    (b) he has not complied with that requirement.
      (5) A person guilty of an offence under this paragraph shall be liable, on summary conviction, to a penalty of level 5 on the standard scale.
 
      (6) Sections 145 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties and certain other matters) shall apply in relation to an offence under this paragraph as they apply in relation to offences and penalties under the customs and excise Acts.
 
 
Destination of receipts
     140. All money and securities for money collected or received for or on account of levy shall-
 
 
    (a) if collected or received in Great Britain, be placed to the general account of the Commissioners kept at the Bank of England under section 17 of the Customs and Excise Management Act 1979; and
 
    (b) if collected or received in Northern Ireland, be paid into the Consolidated Fund of the United Kingdom in such manner as the Treasury may direct.
 
Provisional collection of levy
     141. - (1) Where-
 
 
    (a) by virtue of a resolution having effect under the Provisional Collection of Taxes Act 1968 (which is amended by Schedule 7 to this Act so as to apply in relation to levy), levy has been paid at a rate specified in the resolution on a supply of a taxable commodity, and
 
    (b) by virtue of section 1(6) or (7) or 5(3) of that Act, any of the levy paid is repayable in consequence of the restoration in relation to the supply of a lower rate,
       the amount repayable shall be the difference between the levy paid on the supply at the rate specified in the resolution and the levy that would have been payable on a supply of the same quantity of the commodity at the lower rate.
 
      (2) Where-
 
 
    (a) by virtue of a resolution having effect under that Act, levy is chargeable at a rate specified in the resolution on a supply of a taxable commodity, but
 
    (b) before the levy is paid it ceases to be chargeable at that rate in consequence of the restoration in relation to the supply of a lower rate,
       the levy chargeable at the lower rate shall be charged by reference to the same quantity of the commodity as that by reference to which levy would have been chargeable at the rate specified in the resolution.
 
 
Adjustment of contracts
     142. - (1) Sub-paragraph (2) applies in the case of a contract for the supply of a taxable commodity if-
 
 
    (a) the contract is entered into before 1st April 2001 (whether before or after the passing of this Act) or at a time when supplies such as are provided for by the contract are not taxable supplies, but
 
    (b) supplies falling to be made under the contract will be, or become or will become, taxable supplies.
      (2) The supplier of the commodity may unilaterally vary the contract by adjusting the price chargeable for any supply made under the contract if he does so for the purpose of passing on, to the person liable to pay for the supply, the burden (or any part of the burden) of the levy for which the supplier is liable to account on the supply.
 
      (3) Sub-paragraph (4) applies in the case of a contract for the supply of a taxable commodity if it provides (whether as a result of a variation under sub-paragraph (2) or otherwise) for the passing on, to the person liable to pay for the supply, of the burden (or any part of the burden) of any levy for which the supplier is liable to account on the supply.
 
      (4) The supplier of the commodity may unilaterally vary the contract by adjusting the price chargeable for any supply made under the contract if he does so for the purpose of giving effect (to any extent) to-
 
 
    (a) any change in the rate at which levy is charged on the supply;
 
    (b) levy ceasing to be chargeable on the supply.
      (5) The powers conferred by this paragraph are in addition to any contractual powers.
 
 
Climate change levy accounting documents
     143. - (1) Provision may be made by regulations requiring registered persons who make taxable supplies-
 
 
    (a) in prescribed cases, or
 
    (b) to persons of prescribed descriptions,
       to provide the persons supplied with climate change levy accounting documents.
 
      (2) For the purposes of this Schedule a "climate change levy accounting document" for a taxable supply is an invoice-
 
 
    (a) stating that it is a climate change levy accounting document (for which purpose the inclusion of the phrase "climate change levy accounting document" or the phrase "CCL accounting document", whether as shown here or with any of the letters shown here as small letters appearing as capitals, shall be sufficient),
 
    (b) stating the date on which it is issued, and
 
    (c) containing the required statements.
      (3) For the purposes of sub-paragraph (2)(c) "the required statements" means-
 
 
    (a) in the case of a climate change levy accounting document issued under paragraph 27, the statements required by paragraph 27(5);
 
    (b) in the case of a climate change levy accounting document whose provision is required by regulations, statements of prescribed particulars of or relating to-
 
      (i) the supply,
 
      (ii) the persons by and to whom the supply is made, and
 
      (iii) the levy chargeable.
      (4) Where regulations make provision requiring a climate change levy accounting document to be provided in connection with any description of supply, regulations may make provision for-
 
 
    (a) requiring the accounting document to be provided within a prescribed time after, or at a prescribed time before, the supply is treated as taking place;
 
    (b) allowing an accounting document to be provided later than required by the regulations where it is provided in accordance with general or special directions given by the Commissioners.
      (5) Regulations may make provision conferring power on the Commissioners to allow the requirements of any regulations as to the statements to be contained in a climate change levy accounting document to be relaxed or dispensed with.
 
      (6) Regulations may make provision for allowing a climate change levy accounting document required to be issued under paragraph 27 to be issued later than the time applicable under paragraph 27(2) where it is issued in accordance with general or special directions given by the Commissioners.
 
      (7) In this paragraph "regulations" means regulations made by the Commissioners.
 
 
Service of notices etc.
     144. - (1) Any notice, notification or requirement that is to be or may be served on, given to or imposed on any person for the purposes of any provision made by or under this Schedule may be served, given or imposed by sending it to that person or his tax representative by post in a letter addressed to that person or his representative at the latest or usual residence or place of business of that person or representative.
 
      (2) Any direction required or authorised by or under this Schedule to be given by the Commissioners may be given by sending it by post in a letter addressed to each person affected by it at his latest or usual residence or place of business.
 
 
Variation and withdrawal of directions etc.
     145. Any direction, notice or notification required or authorised by or under this Schedule to be given by the Commissioners may be withdrawn or varied by them by a direction, notice or notification given in the same manner as the one withdrawn or varied.
 
 
Regulations and orders
     146. - (1) Any power under this Schedule to make regulations shall be exercisable by statutory instrument.
 
      (2) A statutory instrument that-
 
 
    (a) contains regulations made under this Schedule, and
 
    (b) is not subject to a requirement that a draft of the instrument be laid before Parliament and approved by a resolution of the House of Commons,
       shall be subject to annulment in pursuance of a resolution of the House of Commons.
 
      (3) A statutory instrument that contains (whether alone or with other provisions) regulations under paragraph 3(3), 14(3), 15(4)(a), 16, 18(2), 52, 113(1), 148(4), 149 or 151(2) (regulations made by the Treasury) shall not be made unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of the House of Commons.
 
      (4) Where regulations under this Schedule made by the Commissioners impose a relevant requirement on any person, they may provide that if the person fails to comply with the requirement he shall be liable, subject to sub-paragraph (5), to a penalty of £250.
 
      (5) Where by reason of any conduct-
 
 
    (a) a person is convicted of an offence (whether under this Act or otherwise), or
 
    (b) a person is assessed to a penalty under paragraph 98,
       that person shall not by reason of that conduct be liable also to a penalty under any regulations under this Schedule.
 
      (6) In sub-paragraph (4) "relevant requirement" means any requirement other than one the penalty for a contravention of which is specified in paragraph 41(3), 114(3) or 125(6).
 
      (7) A power under this Schedule to make any provision by regulations-
 
 
    (a) may be exercised so as to apply the provision only in such cases as may be described in the regulations;
 
    (b) may be exercised so as to make different provision for different cases or descriptions of case; and
 
    (c) shall include power by the regulations to make such supplementary, incidental, consequential or transitional provision as the authority making the regulations may think fit.
  PART XIV
  INTERPRETATION
 
General
     147. In this Schedule-
 
 
    "accounting period" means a period which, in pursuance of any regulations under paragraph 41, is an accounting period for the purposes of the levy;
 
    "agreement" includes any arrangement or understanding (whether or not legally enforceable), and cognate expressions shall be construed accordingly;
 
    "appeal tribunal" means a VAT and duties tribunal;
 
    "auto-generator" has the meaning given by paragraph 152;
 
    "climate change agreement" has the meaning given by paragraph 46;
 
    "climate change levy accounting document" has the meaning given by paragraph 143(2);
 
    "combined heat and power station" has the meaning given by paragraph 148(1);
 
    "the Commissioners" means the Commissioners of Customs and Excise;
 
    "conduct" includes acts and omissions;
 
    "electricity utility" has the meaning given by paragraph 150(2) (but see paragraph 150(4));
 
    "fully exempt combined heat and power station" has the meaning given by paragraph 148(2);
 
    "gas utility" has the meaning given by paragraph 150(3) (but see paragraph 150(4));
 
    "half-rate supply" has the meaning given by paragraph 43(1);
 
    "member", in relation to a group, shall be construed in accordance with regulations under paragraph 116;
 
    "non-resident taxpayer" means a person who-
 
      (a) is or is required to be registered for the purposes of the levy, and
 
      (b) is not resident in the United Kingdom;
 
    "partly exempt combined heat and power station" has the meaning given by paragraph 148(3);
 
    "prescribed" (except in paragraphs 14(3), 16(3) and 148(4)) means prescribed by regulations made by the Commissioners under this Schedule;
 
    "produced"-
 
      (a) in relation to electricity, means generated, and
 
      (b) in relation to any other commodity, includes extracted;
 
    "reduced-rate supply" has the meaning given by paragraph 44(3) (which, by virtue of paragraph 44(4), has effect subject to paragraph 45);
 
    "registered" means registered in the register maintained under paragraph 53(2);
 
    "representative member", in relation to a group, shall be construed in accordance with regulations under paragraph 116;
 
    "resident in the United Kingdom" has the meaning given by paragraph 156;
 
    "ship" includes hovercraft;
 
    "special utility scheme" has the meaning given by paragraph 29(1);
 
    "subordinate legislation" has the same meaning as in the Interpretation Act 1978;
 
    "supply for charity use" shall be construed in accordance with paragraph 8;
 
    "supply for domestic use" shall be construed in accordance with paragraphs 8 and 9;
 
    "tax credit" means a tax credit for which provision is made by tax credit regulations;
 
    "tax credit regulations" means regulations under paragraph 62;
 
    "tax representative", in relation to any person, means the person who, in accordance with any regulations under paragraph 114, is for the time being that person's tax representative for the purposes of the levy;
 
    "taxable commodity" shall be construed in accordance with paragraph 3;
 
    "taxable supply" shall be construed in accordance with paragraphs 2(2) and 4;
 
    "the United Kingdom" includes the territorial waters adjacent to any part of the United Kingdom;
 
    "utility" has the meaning given by paragraph 150(1).
 
Meaning of "combined heat and power station" etc.
     148. - (1) In this Schedule "combined heat and power station" means a station producing electricity or motive power that is (or may be) operated for purposes including the supply to any premises of-
 
 
    (a) heat produced in association with electricity or motive power, or
 
    (b) steam produced from, or air or water heated by, such heat.
      (2) In this Schedule "fully exempt combined heat and power station" means a combined heat and power station in respect of which there is in force a certificate (a "full-exemption certificate")-
 
 
    (a) given by the Secretary of State,
 
    (b) stating that the station is a fully exempt combined heat and power station for the purposes of the levy, and
 
    (c) complying with sub-paragraph (6) and (so far as applicable) any provision made by regulations under sub-paragraph (10).
      (3) In this Schedule "partly exempt combined heat and power station" means a combined heat and power station in respect of which there is in force a certificate (a "part-exemption certificate")-
 
 
    (a) given by the Secretary of State,
 
    (b) stating that the station is a partly exempt combined heat and power station for the purposes of the levy, and
 
    (c) complying with sub-paragraph (6) and (so far as applicable) any provision made by regulations under sub-paragraph (10).
      (4) The Secretary of State shall give a full-exemption certificate in respect of a combined heat and power station where-
 
 
    (a) an application is made for a certificate under this paragraph in respect of the station, and
 
    (b) it appears to him that such conditions as may be prescribed are satisfied in relation to the station.
  For this purpose "prescribed" means prescribed by regulations made by the Treasury.
 
      (5) The Secretary of State shall give a part-exemption certificate in respect of a combined heat and power station where-
 
 
    (a) an application is made for a certificate under this paragraph in respect of the station, and
 
    (b) his decision on the application is to refuse to give a full-exemption certificate.
      (6) A full-exemption or part-exemption certificate given in respect of a combined heat and power station shall state the percentage that, for the purposes of paragraph 15, is the efficiency percentage for the station determined in accordance with any regulations under paragraph 149.
 
      (7) In prescribing conditions under sub-paragraph (4), the Treasury must have regard to the object of securing that a combined heat and power station will only be a fully exempt combined heat and power station for the purposes of this Schedule if it is one in which electricity or motive power is produced concurrently with heat in a manner that makes efficient use of the commodities used in their production.
 
      (8) A condition prescribed under sub-paragraph (4) may, in particular, relate to any of the following-
 
 
    (a) a station's outputs;
 
    (b) the commodities used in the production of such outputs;
 
    (c) the methods of producing such outputs;
 
    (d) the efficiency with which such outputs are produced.
      (9) For the purposes of sub-paragraph (8), a station's "outputs" are any electricity or motive power produced in the station and any of the following supplied from the station, namely-
 
 
    (a) heat or steam, or
 
    (b) air, or water, that has been heated or cooled.
      (10) The Secretary of State may by regulations make provision for or about-
 
 
    (a) certificates under this paragraph;
 
    (b) applications for such certificates;
 
    (c) the information that is to accompany such applications.
      (11) The provision that may be made by virtue of sub-paragraph (10)(a) includes in particular-
 
 
    (a) provision in respect of the periods for which certificates under this paragraph are to be in force;
 
    (b) provision for the (non-retrospective) variation or revocation of such certificates.
 
Determination of efficiency percentages for combined heat and power stations
     149. - (1) The Treasury may by regulations make provision for determining the percentage that is to be stated in a certificate under paragraph 148 as the efficiency percentage for a combined heat and power station.
 
      (2) Regulations under this paragraph may, in particular, include-
 
 
    (a) provision in respect of methods of calculating efficiency percentages;
 
    (b) provision in respect of the measurements and data to be used in calculating such percentages;
 
    (c) provision in respect of the procedures for determining such percentages;
 
    (d) provision in respect of verifying-
 
      (i) calculations by which such percentages are produced, and
 
      (ii) measurements and data used in such calculations;
 
    (e) provision that, so far as framed by reference to any document, is framed by reference to that document as from time to time in force.
      (3) In making provision under this paragraph, the Treasury must have regard to the object of securing that the efficiency percentage for a combined heat and power station is (save for any appropriate adjustments) a percentage that reflects a fair assessment of the efficiency with which commodities are transformed in the station into electricity or motive power.
 
 
Meaning of "utility"
     150. - (1) In this Schedule "utility" means an electricity utility or a gas utility.
 
      (2) In this Schedule "electricity utility" means the holder of-
 
 
    (a) a licence under section 6(1)(d) of the Electricity Act 1989 (supply licences), or
 
    (b) a licence under Article 10(1)(c) or (2) of the Electricity Supply (Northern Ireland) Order 1992,
       except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
 
  Until the coming into force of the substitution for section 6 of the Electricity Act 1989 provided for by the Utilities Act 2000, paragraph (a) above shall have effect as if the reference to section 6(1)(d) were to section 6(1)(c) or (2).
 
      (3) In this Schedule "gas utility" means the holder of-
 
 
    (a) a licence under section 7A(1) of the Gas Act 1986 (supply licences), or
 
    (b) a licence under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996,
       except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
 
      (4) Sub-paragraphs (1) to (3) have effect subject to-
 
 
    (a) any direction under paragraph 151(1), and
 
    (b) any regulations under paragraph 151(2).
 
Person treated as, or as not being, a utility
     151. - (1) The Commissioners may by direction (a "utility direction") make, in respect of a person (or persons) specified in the direction, provision authorised by sub-paragraph (3).
 
      (2) The Treasury may by regulations ("utility regulations") make, in respect of any person of a description specified in the regulations, provision authorised by sub-paragraph (3).
 
      (3) The provision authorised by this sub-paragraph is provision for-
 
 
    (a) a person who is an unregulated electricity supplier to be treated for levy purposes as being an electricity utility;
 
    (b) a person who is an unregulated gas supplier to be treated for levy purposes as being a gas utility;
 
    (c) a person who is an electricity utility to be treated for levy purposes as not being an electricity utility;
 
    (d) a person who is a gas utility to be treated for levy purposes as not being a gas utility.
      (4) References in sub-paragraph (3) to provision for a person to be treated in a particular way for "levy purposes" are to provision for him to be treated in that way for-
 
 
    (a) the purposes of this Schedule, or
 
    (b) such of those purposes as are specified in the direction or regulations by which the provision is made.
      (5) The power to make any provision by a utility direction or utility regulations may be exercised so that the provision applies in relation to a person only to an extent specified in, or determined under, the direction or regulations.
 
      (6) A utility direction cannot take effect until it has been-
 
 
    (a) given by the Commissioners to each person in respect of whom it makes provision, and
 
    (b) published by the Commissioners.
      (7) Paragraph 146(7)(b) and (c) applies to the power to make provision by a utility direction as to a power to make provision by regulations.
 
      (8) In this paragraph-
 
 
    "unregulated electricity supplier" means a person who-
 
      (a) makes supplies of electricity, and
 
      (b) is not an electricity utility;
 
    "unregulated gas supplier" means a person who-
 
      (a) makes supplies of gas that is in a gaseous state and is of a kind supplied by a gas utility, and
 
      (b) is not a gas utility.
 
Meaning of "auto-generator"
     152. - (1) In this Schedule "auto-generator" means a person who produces electricity if the electricity that he produces is primarily for his own consumption.
 
      (2) The Commissioners may by regulations specify requirements to be fulfilled before the electricity that a person produces is, for the purposes of sub-paragraph (1), to be taken as produced primarily for his own consumption.
 
      (3) For the purposes of this paragraph, electricity is for a person's own consumption if it is for consumption by him or a person connected with him within the meaning of section 839 of the Taxes Act 1988.
 
 
Meaning of "levy due for an accounting period"
     153. References in this Schedule, in relation to any accounting period, to levy due from any person for that period are references (subject to any regulations made by virtue of paragraph 41(2)(a)) to the levy for which that person is required, in accordance with regulations under paragraph 41, to account by reference to that period.
 
 
Meaning of "repayment of levy"
     154. References in this Schedule to a repayment of levy or of an amount of levy are references to any repayment of an amount to any person by virtue of-
 
 
    (a) any tax credit regulations; or
 
    (b) paragraph 63, 87(3) or 110(3).
 
Interpretation of "in the course or furtherance of a business"
     155. - (1) Anything done in connection with the termination or intended termination of a business shall, for the purposes of this Schedule, be treated as being done in the course or furtherance of the business.
 
      (2) Where in a disposition of a business as a going concern, or of its assets (whether or not in connection with its reorganisation or winding up), there is a supply of a taxable commodity, that supply shall for the purposes of this Schedule be taken to be made in the course or furtherance of the business.
 
 
Meaning of "resident in the United Kingdom"
     156. For the purposes of this Schedule a person is resident in the United Kingdom at any time if, at that time-
 
 
    (a) that person has an established place of business in the United Kingdom;
 
    (b) that person has a usual place of residence in the United Kingdom; or
 
    (c) that person is a firm or unincorporated body which (without having a relevant connection with the United Kingdom by virtue of paragraph (a)) has amongst its partners or members at least one individual with a usual place of residence in the United Kingdom.
 
References to the Gas and Electricity Markets Authority: transitional provision
     157. - (1) Until such time as a transfer of functions from the Director General of Electricity Supply to the Gas and Electricity Markets Authority ("the Authority") has taken effect, references in paragraph 19 to the Authority shall be taken to be references to the Director General.
 
      (2) Until such time as all the functions of the Director General of Electricity Supply have been transferred in accordance with the Utilities Act 2000 (transfer to the Authority) or abolished, references to the Authority in paragraph 137 shall be taken to include the Director General.
 
      (3) Until such time as all the functions of the Director General of Gas Supply have been transferred in accordance with the Utilities Act 2000 (transfer to the Authority) or abolished, references to the Authority in paragraph 137 shall be taken to include the Director General.
 
      (4) The power conferred by paragraph 146(7) includes, in particular, power for regulations under paragraph 19 to make transitional provision in connection with the transfer of functions from the Director General of Electricity Supply to the Authority."
 
 
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