ElectricityU.K.
2(1)The following are utility activities—
(a)the provision or operation of a fixed network for the provision of a service to the public in connection with the production, transport or distribution of electricity;
(b)the supply of electricity to such a network.
(2)But the supply of electricity to a network is not a utility activity if—
(a)the person supplying it (the “operator”) is a private utility or a public undertaking,
(b)the operator produces electricity because it needs electricity to carry out an activity other than a specified activity,
(c)the supply consists only of electricity that was produced by the operator as mentioned in paragraph (b) but which it has not consumed, and
(d)the amount of electricity supplied represents not more than 30 per cent of the amount of energy produced by the operator.
(3)An appropriate authority may by regulations make provision about how to calculate an amount referred to in sub-paragraph (2).
(4)The regulations may, in particular, make provision for such an amount to be calculated by reference to—
(a)an average amount for a period specified in the regulations;
(b)another reasonable method so specified.
Commencement Information
I1Sch. 4 para. 2 not in force at Royal Assent, see s. 127(2)
I2Sch. 4 para. 2(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(t)