“(4A) Where the EII application is required under paragraph (2)(p) to contain a statement that the person making the application is not in difficulty, the Secretary of State may request the person to provide such information or evidence as the Secretary of State thinks necessary to satisfy the Secretary of State that the person is not in difficulty.”. 

(5) Omit paragraphs (5) and (6). 

(6) In paragraph (7) after “paragraph (2)” insert “or provided pursuant to a request under paragraph (4A)”. 

(7) After paragraph (9) insert— 

“(10) In this regulation, “previous year”, in relation to an EII application, means the calendar year immediately preceding the calendar year in which the EII application is made. ”. 

## Regulation 11 substituted 

9.  For regulation 11 substitute— 

## “Proportion to be specified in an EII certificate 

11. —(1) An EII certificate issued in respect of an electricity meter must specify— 

(a) the proportion of electricity measured by the meter that constitutes EII excluded electricity, rounded to the nearest one-hundredth with 0.005 being rounded upwards; and 

(b) the start and end dates of the period by reference to which the proportion is determined. 

(2) The proportion to be specified in an EII certificate under paragraph (1)(a) is 0.85 multiplied by the proportion of relevant electricity measured by the meter in the certificate period. 

(3) The certificate period is— 

(a) where at the date of the application for the EII certificate there is a continuing change in relation to the meter, the period (beginning on the date on which the last- commencing continuing change commenced and not exceeding 12 months) for which evidence of the proportion of relevant electricity measured by the meter is contained in the application: 

Provided that this sub-paragraph does not apply unless that period is at least 3 months in length; 

(b) where sub-paragraph (a) does not apply— 

(i) if the meter measured the supply of relevant electricity during the entire previous year, the previous year; or 

(ii) if the meter did not measure the supply of relevant electricity during the entire previous year, the period (beginning on the date on which the supply of relevant electricity began and not exceeding 12 months) for which evidence of the proportion of relevant electricity measured by the meter is contained in the application. 

(4) In this regulation— 

“previous year” has the meaning given in regulation 10(10); 

“relevant electricity” means electricity used for a specified activity in the course of the business of the person applying for the EII certificate.”. 

## Regulation 12 amended (notifications and reports) 

10. —(1) Regulation 12 is amended as follows. 

(2) In paragraph (1)— 

