34When energy savings certificates may be created

#### 34 When energy savings certificates may be created 34 When energy savings certificates may be created > > (1) An energy savings certificate for energy savings arising from a recognised energy saving activity that occur during a particular year may be created— > > > > > (a) if the regulations prescribe a period for the creation of the certificate—in the period prescribed by the regulations, or > > > > > (b) otherwise—no later than 6 months after the end of the year in which the energy savings occur. > > > (2) An energy savings certificate is not created until an application is made under clause 46 for registration of the certificate. > > > (3) (Repealed) > > > (4) The regulations or scheme rules may specify when the energy savings arising from a recognised energy saving activity are considered to have occurred for the purposes of this Part. > > > (5) Without limiting the above, the regulations or scheme rules may provide that energy savings are taken to have occurred on the date on which the recognised energy saving activity is first commenced. Accordingly, energy savings certificates may be created in respect of the energy savings arising from the activity immediately after the activity is first commenced. > > > > Note. > > > > Subclause (5) makes it clear that the regulations or scheme rules may allow certificates to be created in respect of an activity that has ongoing energy saving effects as soon as the activity is commenced. It will not be necessary to wait until all the energy savings arising from the activity actually occur before creating a certificate in respect of the activity. Such provisions may apply, for example, if the regulations or scheme rules allow for the creation of certificates in respect of the installation of energy efficient lighting, which has ongoing energy savings.