Energy (Windfall Gains in the Energy Sector) (Cap on Market Revenues) Act 2023

Preliminary surplus revenue

11. (1) Preliminary surplus revenue shall be calculated in accordance with this section by a producer, intermediary or trader for each month of the relevant period.

(2) Preliminary surplus revenue—

(a) in relation to a producer referred to in subparagraph (i) of section 10 (2)(a), shall be the monthly market revenue calculated under that subparagraph less the monthly capped revenue calculated under section 10 (4)(a)(i),

(b) in relation to a producer referred to in subparagraph (ii) of section 10 (2)(a), shall be the monthly market revenue calculated under that subparagraph less the monthly capped revenue calculated under section 10 (4)(a)(ii),

(c) in relation to a producer referred to in subparagraph (iii) of section 10 (2)(a), shall be the monthly market revenue calculated under that subparagraph less the monthly capped revenue calculated under section 10 (4)(a)(iii),

(d) in relation to an intermediary, shall be the monthly market revenue calculated under section 10 (2)(b) less the monthly capped revenue calculated under section 10 (4)(b),

(e) in relation to a trader referred to in subparagraph (i) of section 10 (2)(c), shall be the monthly market revenue calculated under that subparagraph less the monthly capped revenue calculated under section 10 (4)(c)(i), and

(f) in relation to a trader referred to in subparagraph (ii) of section 10 (2)(c), shall be the monthly market revenue calculated under that subparagraph less the monthly capped revenue calculated under section 10 (4)(c)(ii).