Statutory Instruments
2011 No. 684
Climate Change Levy
The Climate Change Levy (General) (Amendment) Regulations 2011
Made
2nd March 2011
Laid before the House of Commons
9th March 2011
Coming into force
1st April 2011
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by paragraphs 22, 44(3), 44(4) and 146(4) of Schedule 6 to the Finance Act 2000( 1 ):
Citation, commencement and effect
1. These Regulations may be cited as the Climate Change Levy (General) (Amendment) Regulations 2011 and come into force on 1st April 2011.
2. The amendment made by regulation 5 does not affect any liability to a penalty incurred before the coming into force of these Regulations.
Amendments to the Climate Change Levy (General) Regulations 2001
3.The Climate Change Levy (General) Regulations 2001( 2 ) are amended as follows.
4. For regulation 37(5), substitute—
“ (5) A recipient who delivers a supplier certificate to a supplier must deliver to the Commissioners within 30 days of doing so any supporting analysis document. ” .
5. In regulation 60(1)(h), omit “14(1), 14(2),”.
6. In Schedule 1—
(a) in the formula in paragraph 2, for “0.8R” substitute “0.65R”;
(b) in paragraph 2, for “0.8R = 80%” substitute “0.65R = 65%”;
(c) in paragraph 12, after sub-paragraph (1) insert—
“ (1A) The recipient must deliver to the supplier a further certificate updating the information in the original supplier certificate where the recipient’s entitlement to claim relief is affected by any change to the CCL relief formula.
(1B) The further certificate referred to in sub-paragraph (1A) must be delivered to the supplier no later than the date on which the recipient’s first annual review following the change in the CCL relief formula must be completed.
(1C) For the purpose of sub-paragraph (1B), “annual review” means the review required by paragraph 5(1) in relation to the original supplier certificate.
(1D) If the recipient is required to deliver a further certificate in accordance with sub-paragraph (1A) and fails to do so within the time limit specified in sub-paragraph (1B), paragraph 101 of the Act shall apply accordingly (civil penalties: incorrect certificates). ” ;
(d) omit paragraph 14.
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd March 2011
2000 c. 17 ; paragraph 44 was substituted by paragraphs 1 and 7 of Schedule 2 to the Finance Act 2007 (c. 11) , and amended by sections 117 and 118 of, and paragraphs 2 and 6 of Schedule 59 to, the Finance Act 2009 (c. 10) . Regulations made under paragraphs 22 and 44 of Schedule 6 are to be made by the Commissioners; paragraph 147 defines “the Commissioners” as meaning the Commissioners of Customs and Excise. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of the latter Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
S. I. 2001/838 ; relevant amending instruments are S. I. 2003/604 , 2005/1716 , 2007/2903 .