17Conditions and circumstances under which a certificate cannot be created after decommissioning product

17 Conditions and circumstances under which a certificate cannot be created after decommissioning product

(1) A certificate cannot be created in relation to a prescribed activity that requires the decommissioning of a product (however described) unless the ESC is provided with—

(a) a decommissioning declaration made by the energy consumer in respect of whom the prescribed activity is undertaken; and

(b) a decommissioning declaration made by the person who proposes to create the certificate.

(2) The decommissioning declaration must—

(a) state that the decommissioned product was not installed for the purpose of decommissioning it as part of the prescribed activity; and

(b) be made in accordance with the ESC requirements for decommissioning declarations determined under regulation 36(2).

(3) A certificate cannot be created in relation
to a prescribed activity that requires the decommissioning of lighting equipment that is of a type in respect of which the ESC has made a determination under regulation 36(3) unless the lighting equipment is disposed of in a waste disposal facility that is of a class determined by the ESC under that regulation.