16Who may create a certificate?

16 Who may create a certificate? S. 16(1) substituted by No. 34/2022 s. 59(1). (1) Subject to sections 17 and 18, any of the following persons may create a certificate in relation to a prescribed activity if the person is an accredited person— (a) the consumer of electricity or gas in respect of whom the prescribed activity is undertaken; (b) if the prescribed activity is the sale of an appliance or any equipment which has an efficiency rating prescribed as a high efficiency rating for an appliance or equipment of that kind or class, the person who sells the appliance or equipment; (c) a person who is the holder of an assignment of a right to create a certificate made by a person referred to in paragraph (a) or (b). S. 16(2) substituted by No. 34/2022 s. 59(1). (2) For the purposes of subsection (1)(a), the owner of a premises who is not a consumer of electricity or gas at the premises is taken to be the consumer if the owner— (a) is the landlord of the premises and has arranged for the prescribed activity to be undertaken at the premises; or (b) is undertaking the construction or renovation of the premises and the premises are not currently connected for electricity or gas. S. 16(2A) inserted by No. 35/2013 s. 17. (2A) If a prescribed activity is undertaken in relation to public lighting, the person responsible for the payment for the electricity or gas supplied for public lighting purposes is taken to be the consumer of electricity or gas in respect of whom that activity is undertaken for the purposes of subsection (1)(a). S. 16(3) amended by No. 34/2022 s. 59(2). (3) An assignment for the purposes of subsection (1)(c) must be made— S. 16(3)(a) substituted by No. 59/2010 s. 52. (a) by— (i) written notice; or (ii) by notice in a manner that is prescribed, in the case of a prescribed activity that is prescribed for the purposes of this subparagraph; and S. 16(3)(b) amended by No. 15/2025 s. 37(1). (b) subject to subsection (3A), in the manner and form specified in the ESC guidelines. S. 16(3A) inserted by No. 15/2025 s. 37(2). (3A) An assignment for the purposes of subsection (1)(c) must contain any information specified in the ESC guidelines. S. 16(4) amended by No. 34/2022 s. 59(3). (4) If a person makes an assignment in accordance with subsection (3), the person ceases to be entitled to create the certificate or certificates in respect of the prescribed activity to which the assignment relates. (5) In this section, ***owner*** has the same meaning as in the **Subdivision Act 1988**. S. 17 substituted by No. 35/2013 s. 18.