Finance Act 2010

>Chapter 3

Solid Fuel Carbon Tax

Interpretation (Chapter 3).

77.— In this Chapter and in Schedule 1

“accounting period” means a period of 2 calendar months or such other period as the Commissioners may prescribe for the purposes of payment and returns under section 81 ;

“briquettes” means milled peat which has been mechanically compressed into blocks;

“ CN Code ” means a Community subdivision to the combined nomenclature of the European Communities referred to in Article 1 of Council Regulation (EEC) No. 2658/87 of 23 July 1987 9 as amended by Commission Regulation (EEC) No. 2031/2001 of 6 August 2001 10 ;

“CO2” means carbon dioxide;

“coal” includes coal and lignite, solid fuel manufactured from coal and lignite, and any other energy product within the meaning of Article 2.1 of the Directive in solid form;

“Commissioners” means the Revenue Commissioners;

“consumer” means a person who receives a supply of solid fuel for combustion;

“Directive” means Council Directive No. 2003/96/EC of 27 October 2003 11 ;

“emissions” means the release, on combustion of a solid fuel, of CO2;

“greenhouse gas emissions permit” has the meaning assigned to it by Article 2(1) of the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 ( S.I. No. 437 of 2004 );

“milled peat” means granulated peat that is supplied for use as a fuel;

“officer” means an officer of the Commissioners;

“other peat” means peat other than milled peat and briquettes that is supplied for use as a fuel;

“peat” means peat falling within CN code 2703 and includes any solid fuel manufactured from peat;

“prescribed” means prescribed by regulations made by the Commissioners under section 85 ;

“solid fuel” means coal or peat;

“supplier” means an accountable person for the purposes of section 8 of the Value-Added Tax Act 1972 who supplies solid fuel;

“supply” means the supply of a quantity of solid fuel;

“tax” means solid fuel carbon tax within the meaning of subsection (1) of section 78 .

9 OJ No. L256 of 7 September, 1987, p.1

10 OJ No. L279 of 23 October, 2001, p.1

11 OJ No. L260 of 11 October, 2003, p.8