The Greenhouse Gas Emissions Trading Scheme Regulations 2012

law://uk/uksi/2012/3038@2026-11-12

Contents

Part 1 · General

1Citation and commencement#

These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and come into force on 1st January 2013.

1AApplication#

2Duty to review these Regulations#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(2)

(3)

(a)

(b)

(c)working families' tax credit ;

(4)

(5)

3Interpretation#

(1)In these Regulations—• “the 2005 Regulations” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ^note;• “the 2010 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 ^note;• “the 2018 surrender deadline” means, subject to paragraphs (1A) to (1C), 10.59 pm on 29th March 2019;• “allocation”, in relation to an allowance, means allocation free of charge in accordance with Chapter 2 or 3 of the Directive (and, except in regulation 87A(3), “allocated” has the corresponding meaning);• “allocation period” means— (a) the period which begins with 1st January 2021 and ends with 31st December 2025 (“the first allocation period”);(b) the period which begins with 1st January 2026 and ends with 31st December 2030 (“the second allocation period”);• “allowance”—(a) ^note... has the meaning given in Article 3(a) of the Directive, ^note...(b) ^note...• “annual reportable emissions” means the reportable emissions arising in any scheme year;• “Article 27 installation” means an installation of the kind described in regulation 15(A1);• “Article 27a installation” means an installation of the kind described in regulation 15A(1);• “Article 27 installation emissions permit” means a permit which— (a) is granted following an application under regulation 10(2); or(b) results from a variation made under regulation 88 or paragraph 2 of Schedule 5;• “authority” means DAERA;• ^note...• ^note...• ^note... • ^note...• ^note...• “bioliquids” has the meaning given in Article 2(h) of the Renewable Energy Directive;• “cease operation”, in relation to an installation, has the meaning given in paragraph (3);• “change of status notice” means a notice under— (a) paragraph 8(1) or 8(4) of Schedule 5 that an installation will cease to be treated as an Article 27 installation;(b) paragraph 5(1) of Schedule 5A, that an installation will cease to be treated as an Article 27a installation;• “chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;• ^note... • “current operator” has the meaning given by regulation 12(1);• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;• “the Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC^note, as amended from time to time and as adapted by Annex 20 to the EEA agreement ^note;• “duly made”, in relation to an application, means made in accordance with the requirements of these Regulations;• “emissions” has the meaning given in Article 3(b) of the Directive;• “emissions target”, in relation to a scheme year, means an amount of reportable emissions specified in an Article 27 installation emissions permit as the target for that excluded installation in that year;• “entry year” means the scheme year following the scheme year in which the operator of an excluded installation is given a change of status notice;• “excluded installation” means— (a) an Article 27 installation; or(b) an Article 27a installation;• ^note...• ^note...• “fee”, in relation to any matter, means the fee or charge prescribed in respect of that matter by a scheme, or regulations, made under—(a) ^note...(b) ^note...(c) regulation 4 of the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 ^note; or(d) Article 127 of the Planning (Northern Ireland) Order 1991 ^note;• ^note... • ^note... • “greenhouse gas emissions permit” means a permit granted following an application under—(a) regulation 10(1); or(b) regulation 8 of the 2005 Regulations;• “installation” has the meaning given in Article 3(e) of the Directive (and references to an “installation” include a reference to a part of an installation);• “KP registry administrator” has the meaning given by regulation 81(1);• “monitoring and reporting conditions” has the meaning given by paragraph 3(8) of Schedule 5;• “monitoring and reporting requirements” has the meaning given by paragraph 2(3) of Schedule 4;• “the Monitoring and Reporting Regulation” means Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council ^note, as amended from time to time;• “the Monitoring and Reporting Regulation 2018” means Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, as amended from time to time;• “new operator” has the meaning given by regulation 12(1);• ^note... • “Northern Ireland Regulations” means the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;• “notice of surrender” has the meaning given in regulation 13(7);• ^note... • ^note... • ^note...• ^note...• ^note... • ^note...• “operator”, in relation to an installation, has the meaning given in paragraph (2) (and “operate” has the corresponding meaning);• “partial transfer” has the meaning given by regulation 12(2);• “permit” (except in paragraph 1(2)(b) of Schedule 4 ^note...) means—(a) a greenhouse gas emissions permit; or(b) an Article 27 installation emissions permit;• “the Planning Appeals Commission” means the Planning Appeals Commission established under article 110 of the Planning (Northern Ireland) Order 1991 ^note;• “prescribed” (in relation to a fee) means specified in, or determined under, the scheme or regulations in question;• “the Registries Regulation 2010” means Commission Regulation (EU) No 920/2010 of 7 October 2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council ^note;• ^note...• “the Registries Regulation 2013” means Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time;• “the Registries Regulation 2019” means Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry, as amended from time to time;• “registry administrator” has the meaning given by regulation 8(1);• “registry account” means an operator holding account ^note... in the Union Registry (and “open”, “blocked” , “excluded” or “closed” status, in relation to such an account, have the meanings given by Article 10 of the Registries Regulation 2013);• “regulated activity” means an activity ^note... that—(a) is listed in Annex 1 to the Directive, and(b) results in specified emissions;• “regulator” means the chief inspector;• “the Renewable Energy Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC^note, as amended from time to time;• “reportable emissions” means—(a) in relation to an installation, the total specified emissions (expressed in tonnes of carbon dioxide equivalent) which arise from the regulated activities carried out at that installation; ^note...(b) ^note...• “revocation notice” has the meaning given by regulation 14(1);• “scheme year” means the year beginning with 1st January 2013 or any subsequent calendar year;• ^note...• “specified emissions”, in relation to an activity listed in Annex 1 to the Directive, means emissions of gases specified in Annex 1 in respect of that activity;• ^note...• “surrender requirements” has the meaning given by paragraph 2(4) of Schedule 4;• “tonne of carbon dioxide equivalent” has the meaning given in Article 3(j) of the Directive;• “trading period” means one of the following ^note... periods—(a) 2013 to 2020; and(b) subsequent consecutive periods of ten calendar years;• ^note...• ^note...• “the Union Registry” means the registry established by Article 4 of the Registries Regulation 2013;• “the UK Registry” means the registry operated by the Environment Agency for the purposes specified in Article 3(1) of the Registries Regulation 2010 immediately before the coming into force of these Regulations;• “variation”, in relation to a permit or a plan, means the amendment of its provisions (and “vary” has the corresponding meaning);• “the Verification Regulation ^note... ” means Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council, as amended from time to time;• “working day” means any day other than—(a) a Saturday, Sunday, Good Friday, or Christmas Day; or(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ^note;• “written procedures” means the written procedures required by Article 11(1) of the Monitoring and Reporting Regulation 2018.

(1A)This paragraph applies if at any time before 10.59 pm on 29th March 2019 an enactment (“enactment 1”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), is to be a date after 29th March 2019.

(1B)This paragraph applies where—

(a)paragraph (1A) applies; and

(b)at any time on or after 10.59 pm on 29th March 2019 but before the 2018 surrender deadline which applies in relation to enactment 1, a subsequent enactment (“enactment 2”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the 2018 Act, is to be a date after the date provided for in enactment 1,

and in the event of an enactment subsequent to enactment 2, the references in sub-paragraph (b) to enactment 1 are to be read as references to enactment 2 and so on.

(1C)Where paragraph (1A) or paragraph (1B) applies—

(a)if exit day is a day falling before 1st May 2019, the 2018 surrender deadline is immediately before the UK’s exit from the European Union; and

(b)if exit day is a day falling on or after 1st May 2019, the 2018 surrender deadline is 30th April 2019.

(2)The “operator” of an installation is the person who has control over its operation; but where—

(a)an installation has not been put into operation, the operator is the person who will have control over the operation of the installation when it is put into operation;

(b)an installation that is not an Article 27a installation has ceased operation, the operator is the person who holds the permit relating to the installation; ^note...

(ba)an Article 27a installation has ceased operation, the operator is the person who had control over its operation immediately before the installation ceased operation; and

(c)the holder of a permit has ceased to have control of the installation to which it relates, the operator is that permit holder.

(3)For the purposes of these Regulations, an installation has ceased operation if—

(a)a regulated activity is no longer being carried out at the installation; and

(b)it is technically impossible to resume operation.

(5)References in these Regulations to anything taking effect (or ceasing to have effect) on a particular date are to be read as references to it taking effect (or ceasing to have effect) as from the beginning of that date.

4Application to the Crown etc.#

Schedule 1 (application to the Crown etc.) has effect.

5Notices etc.#

Schedule 2 (notices etc.) has effect.

6Applications etc.#

Schedule 3 (applications etc.) has effect.

7Functions of the regulator: Northern Ireland#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

8Commission Regulations: designations#

(1)DAERA is the national administrator designated by the United Kingdom for the purposes of the Registries Regulation 2019, and in these Regulations is referred to in that capacity as the “registry administrator”.

(2)Subject to paragraph (3), the regulator is the competent authority designated by the United Kingdom for the purposes of the Registries Regulation 2019 (other than for Articles 22(3) and 30(7)).

(3)DAERA is the competent authority so designated for the purposes of—

(a)Article 28(1);

(b)Article 30(8);

(c)Article 30(11); and

(d)Article 66(1).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The regulator is the competent authority designated by the United Kingdom for the purposes of the Monitoring and Reporting Regulation 2018.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)^note... The regulator is the competent authority designated by the United Kingdom for the purposes of the Verification Regulation.

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 · Stationary installations

Chapter 1 · Permits

9Requirement for permit to carry out regulated activities#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

10Applications for and grant of permits#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

(a)

(b)

(3A)Subject to paragraph (3B), where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect—

(4)

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(5)

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

11Review, variation and consolidation of permits#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(c)working families' tax credit ;

(3)

(a)

(b)

(4)

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(iv)in the case of a person who has attained pensionable age or, where the qualifying benefit is income support the age of 60, the date he attained that age;

(v)in any other case, the date on which entitlement to a qualifying benefit ceased on satisfaction of the work condition.

(5)

(6)

(a)

(b)

12Transfer of permits#

(1)Subject to paragraph (6), the holder of a permit (“the current operator”) and another person may jointly apply to the regulator for the permit to be transferred to that other person (“the new operator”).

(2)An application may also be made under paragraph (1) for the partial transfer of a permit; and for that purpose a “partial transfer” is a transfer in respect of—

(a)some only of the installations to which the permit relates; or

(b)some only of the parts of an installation to which the permit relates.

(3)Paragraph 3 of Schedule 4 makes further provision about the transfer, or partial transfer, of a permit.

(4)^note... An application under paragraph (1) must be granted if the regulator is satisfied that—

(a)the application is duly made, and

(b)the new operator will (from the relevant date) be the operator of the installation and will be capable of monitoring and reporting emissions from the installation in accordance with—

(i)the monitoring and reporting requirements of the greenhouse gas emissions permit, or

(ii)the monitoring and reporting conditions of the Article 27 installation emissions permit,

but must otherwise be refused.

(5)For the purposes of paragraph (4), the relevant date is the date mentioned in paragraph 3(6), (8) or (10) of Schedule 4 as the case may be.

(6)An application for the transfer (or partial transfer) of a permit may not be made in respect of any installation (or part of an installation) that has ceased operation.

12ATransfer of permits: underreporting discovered after transfer#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(2)

(3)

(4)

(5)

(6)

(a)

(b)

13Surrender of permits#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(1A)In paragraph (1) of regulation 41, the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the reference to the absent parent’s assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.

(2)

(4)

(a)

(b)

(5)

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

14Revocation of permits#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(2)

(a)

(b)

(3)

Chapter 2 · Excluded installations: further provision

15Excluded installations : Article 27 installations#

(1)Schedule 5 makes further provision about Article 27 installations.

(2)Subject to paragraphs (3) and (4), and unless a contrary intention appears, these Regulations apply to an Article 27 installation as they apply to an installation that is not an excluded installation.

(3)The following provisions do not so apply—

(a)regulation 12(2); ^note...

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The following provisions so apply—

(a)paragraph 4 of Schedule 4, but as if—

(i)any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the Article 27 installation emissions permit; and

(ii)sub-paragraph (1)(c) and sub-paragraphs (2)(b)(ii), (3), (4) and (6) to (8) were omitted;

(b)paragraph 5 of Schedule 4, but as if—

(ii)sub-paragraph (1)(c) and sub-paragraphs (3)(b)(ii), (4), (5) and (7) to (9) were omitted.

(A1)An installation is an Article 27 installation for the duration of a particular allocation period if, in relation to that period, it is deemed to be approved by the European Commission under the first subparagraph of Article 27(2) of the Directive, unless a notice has been given to the operator under paragraph 8(1) or (4) of Schedule 5 (in which case the installation ceases to be an Article 27 installation as from the date specified in the notice).

(B1)An installation's status as an Article 27 installation expires at the end of the particular allocation period in relation to which it has been excluded.

(C1)Where an installation ceases to be an Article 27 installation at the end of the first allocation period in accordance with paragraph (B1) and approval is not deemed in accordance with paragraph (A1) in respect of the second allocation period, paragraph 8(6A) of Schedule 5 applies.

15AExcluded installations: Article 27a installations#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

Chapter 3 · Allocation of allowances

16Allocation of allowances for 2013 to 2020#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 · Offshore installations

17Powers of entry#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Charging schemes#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Charging schemes: supplementary#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 · Aviation

Chapter 1 · General

20Interpretation#

21Civil Aviation Authority#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 · UK administered operators, UK aircraft operators and regulators

22UK administered operators: power to designate#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Application to be designated as a UK administered operator#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Transfers of operators between member States#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25Gibraltar operators#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26UK aircraft operators#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27Regulators: general#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28Regulators: assessment of emissions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29Regulators: change in registered office#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 · Allocation of aviation allowances

30Allocation of aviation allowances#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 · Monitoring and reporting aviation emissions

31Interpretation#

32Application for an emissions plan by a UK administered operator#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32AApplication for an emissions plan by a UK administered operator: activities during 2015 to 2023#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32BApplication for an emissions plan by a UK administered operator: post-2023 activities#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32CApplication for an emissions plan by a UK administered operator: general#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33Requirement to notify the regulator if an emissions plan is not applied for before 1st January 2015#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33ARequirement to notify the regulator if an emissions plan is not applied for on or after 1st January 2015#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Issue of an emissions plan#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35Monitoring and reporting emissions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36Emissions plan conditions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37Variation of an emissions plan#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38Variation of a benchmarking plan#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 · Sanctions (other than civil penalties)

39Detention and sale of aircraft#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40Aircraft operating bans#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 · Surrender of allowances

41Surrender of allowances: operators of installations#

For each scheme year, the operator of an installation must surrender allowances in accordance with the surrender requirements of the permit for the installation.

42Surrender of allowances: UK aircraft operators#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42ASurrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42BSurrender of a deficit of allowances: UK administered operators#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 · Enforcement etc.

43Enforcement notices#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(3)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(4)

(5)

44Power to determine reportable emissions#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(5)

(a)

(b)

(5A)Where—

(a)

(b)

decision B may be revised at any time.

(5B)In this direction, “bus lane” has the meaning given in regulation 23.

(5C)A rectified determination—

(a)

(b)

(5D)Where—

(a)

(b)

the regulator must withdraw the rectified determination and make one or more further rectified determinations.

(6)

Part 6 · Information

45Provision of information#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

(4)

(a)

(b)

(5)

(6)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(ea)“verified annual reportable emissions” means—

46Disclosure of information#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(iv)in the case of a person who has attained pensionable age or, where the qualifying benefit is income support the age of 60, the date he attained that age;

(b)

(2)

(3)

47National security#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(2)

(3)

Part 7 · Civil Penalties

48Interpretation#

In this Part—• “carbon price”, in relation to a tonne of carbon dioxide equivalent, is the price referred to in regulation 49;• “penalty notice” means a notice served under regulation 50(1);• “additional penalty notice” means a notice served under regulation 50(3).

49Carbon Price#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)For that purpose—• “average end of day settlement price” means the average over the 12 months ending with the relevant date;• “futures contract” means the futures contract as traded on the single largest carbon market exchange (as determined by volume of sales in the 12 months ending with the relevant date);• “sterling equivalent” means the sterling equivalent converted by reference to the Bank of England annual average spot exchange rate for the 12 months ending with the relevant date;• “the relevant date”, in relation to the year for which the carbon price is set, is 11th November in the preceding year.

(4)

50Penalty notices#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(3)

(a)

(b)

(4)

(5)

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

51Discretion in imposing civil penalties#

(1)Where the regulator considers it appropriate to do so, the regulator may (subject to paragraph (2))—

(a)refrain from imposing a civil penalty;

(b)reduce the amount of a penalty (including the amount of an additional daily penalty);

(c)extend the time for payment specified in the penalty notice or additional penalty notice;

(d)withdraw a penalty notice or an additional penalty notice;

(e)modify the notice by substituting a lower penalty.

(2)The powers under paragraph (1) do not apply in relation to any penalty arising under regulation 54(1).

52Carrying out a regulated activity contrary to regulation 9#

(1)Where in any scheme year a regulated activity is carried out that is not authorised by a permit, contrary to regulation 9, the operator of the installation (“P”) is at the end of that year liable to the civil penalty in paragraph (2).

(2)Subject to paragraph (3), for each such year, the civil penalty is A + (B × C), where—• A is the estimated amount of the costs avoided by P in that year as a result of carrying out a regulated activity without such authorisation;• B is the estimated amount of reportable emissions from the installation in the period during which a regulated activity was carried out without such authorisation;• C is the carbon price for that year.

(2A)In paragraph (2), the reference to “costs” includes a reference to carbon emissions tax.

(3)In imposing the penalty under paragraph (2), the regulator may increase the amount determined under that paragraph by a percentage designed to ensure that the penalty exceeds the amount of any economic benefit that P has obtained as result of the failure to comply with regulation 9.

(4)The authority must exercise powers under ^note... regulation 40 of the Northern Ireland Regulations to give the regulator directions as to—

(a)the estimation by the regulator of A and B in paragraph (2); and

(b)the exercise of the regulator's powers under paragraph (3).

53Failure to comply with a condition of a permit#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(2)

(3)

(a)

(b)

(4)

53AFailure to transfer or surrender allowances where underreporting discovered after transfer#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(2)

54Failure to surrender allowances#

(1)A person (“P”) is liable to the civil penalty in paragraph (2) where P fails to surrender sufficient allowances, contrary to regulation 41 ^note....

(2)The civil penalty (“excess emissions penalty”) is the sterling equivalent of 100 Euros for each allowance that P failed so to surrender.

(2A)Any—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)deemed increase in an installation's annual reportable emissions in a recovery year pursuant to paragraph 2(5) of Schedule 4,

must be disregarded for the purpose of calculating the excess emissions penalty.

(3)But paragraph (1) is subject to paragraphs (4) to (6).

(4)Where paragraph (5) applies, P is not liable to the excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a scheme year exceed P's verified annual reportable emissions for that year.

(5)This paragraph applies where—

(a)the regulator becomes aware that P's annual reportable emissions in a scheme year exceed P's verified annual reportable emissions in respect of that year; and

(b)P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the following scheme year.

(6)Where paragraph (5) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender in respect of the unreported emissions ^note....

(7)In this regulation—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“unreported emissions” means the emissions mentioned in paragraph (4);

(ca)“verified annual reportable emissions” means annual reportable emissions that are—

(i)verified pursuant to ^note... paragraph 2(3)(b) of Schedule 4;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(iii)determined by the regulator pursuant to regulation 44;

(d)“sterling equivalent” means, subject to paragraph (8), the sterling equivalent converted by reference to the applicable rate of conversion; and

(e)for that purpose the applicable rate is the first rate of conversion to be published in September of the year preceding the scheme year in which P is liable to the penalty in the C series of the Official Journal of the European Union, adjusted in accordance with paragraph (8).

(8)If the last Harmonised Index of Consumer Prices for the member States of the European Union (“HICP”) published by Eurostat before the end of April in the year in which P failed to surrender the allowances shows an average percentage price increase as compared with the last HICP published before the end of April 2012, the sterling equivalent is increased by the same percentage.

(9)Where—

(a)a person was liable to a civil penalty under this regulation for a failure to surrender a number of allowances equal to the unreported emissions in any relevant year; and

(b)a penalty notice has not been served in respect of that penalty,

the provisions of paragraphs (4) to (7) apply in respect of such emissions.

(10)In paragraph (9), “relevant year” means a scheme year during the years 2013 to 2018.

55Exceeding an emissions target for an Article 27 installation#

(1)An operator of an Article 27 installation is liable to the civil penalty in paragraph (2) where in any scheme year the operator fails to comply with paragraph 5 of Schedule 5.

(2)The civil penalty is (A – B) × C, where—• A is the amount of annual reportable emissions arising in the scheme year;• B is the emissions target for that year;• C is the carbon price for that year.

56Failure to pay a penalty for exceeding an emissions target for an Article 27 installation#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

57Under-reporting of emissions from an Article 27 installation#

(1)An operator of an Article 27 installation is liable to the civil penalty in paragraph (2) where there are reportable emissions in a scheme year (“the unreported emissions”) that—

(a)were not reported in the report submitted for that year under paragraph 3(8)(b) of Schedule 5; but

(b)have been determined by the regulator under regulation 44(3).

(2)The civil penalty is A + (B × C) where—• A is £5,000;• B is the amount of the unreported emissions;• C is the carbon price for that year.

58Failure to notify when an Article 27 installation ceases to meet the criteria for being Article 27#

(1)An operator of an Article 27 installation (“P”) is liable to the civil penalties in paragraphs (2) and (3) where P fails to comply (or comply on time) with a notification requirement under—

(a)a condition of a permit included pursuant to paragraph 3(4) or (5) of Schedule 5; or

(b)paragraph 4(1) or (2) of Schedule 5.

(2)For the first scheme year in which P fails to comply with the requirement to notify by 31st March in that year, the civil penalty is £2,500.

(3)For the first and each subsequent scheme year in which P has still failed to comply with the notification requirement by 31st October in that year, P is at the end of the following scheme year (“S”) liable to the civil penalty in paragraph (4).

(4)The civil penalty is 2 × (A + B), where—• A is £2,500;• B is the avoided compliance costs.

(5)In paragraph (4) “avoided compliance costs” means ((W – X) × Y) – Z, where—• W is the amount of annual reportable emissions arising in S;• X is the number of allowances for S to which P would have been entitled in accordance with Article 10a of the Directive, if the installation had not been an Article 27 installation and had been carrying out regulated activities;• Y is the carbon price for S;• Z is any penalty due under regulation 55 in respect of S.

58AFailure to notify when an excluded installation has had a significant capacity reduction or partial cessation of regulated activities#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58BFailure to notify when the operator of an excluded installation has suspended the carrying out of regulated activities at the installation#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58ZAExceeding the maximum amount for an Article 27a installation#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

58ZBCarrying out regulated activity without the necessary permit#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(c)working families' tax credit ;

59Failure to surrender a permit#

Where an operator fails to make an application to surrender a permit, contrary to regulation 13(1) and (2), the operator is liable to a civil penalty of £5,000.

60Failure to submit or resubmit an application for an emissions plan#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61Failure to notify the regulator if an emissions plan is not applied for#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62Failure to comply with a condition of an emissions plan#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63Failure to monitor aviation emissions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64Failure to report aviation emissions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65Failure to provide assistance and advice#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66Failure to comply with a direction relating to an operating ban#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67Failure to return allowances#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68Failure to comply with an enforcement notice#

(1)A person (“P”) is liable to the civil penalties in paragraph (2) where P fails to comply (or to comply on time) with the requirements of an enforcement notice, contrary to regulation 43(4).

(2)The civil penalties are—

(a)£20,000; and

(b)£1,000 for each day that P fails to comply with the requirements of the enforcement notice, following service of a penalty notice, up to a maximum of £30,000.

69Failure to comply with an information notice#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

70Providing false or misleading information#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(f)a jobseeker’s allowance.

(g)a debt incurred by the applicant to pay any of the items listed in sub-paragraphs (c) to (f) and (j);

(h)amounts payable by the applicant under a mortgage or loan taken out on the security of any property except where that mortgage or loan was taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which is the home of the parent with care and any child in respect of whom the current assessment was made;

(2)

71Publication of names of persons subject to penalties under regulation 54(1)#

(1)As soon as possible after—

(a)the expiry of the period for appealing the imposition of a penalty by the regulator under regulation 54(1), or

(b)if such an appeal is made, the determination or withdrawal of the appeal,

the regulator must (subject to paragraph (2)) publish the name of the person on whom that penalty was imposed.

(2)The name must not be published if, following such an appeal, the person is found not to be liable to any of the penalty imposed under regulation 54(1).

(3)Paragraph (1) is subject to regulation 47 (national security).

Part 8 · Appeals

Chapter 1 · General

72Interpretation#

In this Part—

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(c)working families' tax credit ;

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

73Rights of appeal#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(2)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(f)a jobseeker’s allowance.

(g)a debt incurred by the applicant to pay any of the items listed in sub-paragraphs (c) to (f) and (j);

(i)amounts payable by the applicant in respect of a policy of insurance of a kind referred to in paragraph 3(4) or (5) of Schedule 3 to the Maintenance Assessments and Special Cases Regulations ^note (eligible housing costs) except where that policy of insurance was obtained or retained to discharge a mortgage or charge taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which is the home of the parent with care and any child in respect of whom the current assessment was made;

(j)a bank overdraft except where the overdraft was, at the time it was taken out, agreed to be for a specified amount repayable over a specified period;

(k)a loan obtained by the applicant, other than a loan obtained from a qualifying lender or the applicant’s current or former employer;

(l)a debt in respect of which a departure direction has already been given and which has not been repaid during the period for which that direction was in force except where the maintenance assessment in respect of which that direction was given was cancelled or ceased to have effect and, during the period for which that direction was in force, a further maintenance assessment was made in respect of the same applicant, non-applicant and qualifying child with respect to whom the earlier assessment was made; or

(m)any other debt which the Secretary of State is satisfied it is reasonable to exclude.

(n)a body not falling within sub-paragraph (m) above, one of whose purposes is to reduce crime and disorder in that area;

(na). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(nb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(nc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(nd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ne). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o)a body established for religious purposes within that area;

(3)

(a)

(b)

74Rights of appeal: registries#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(f)a jobseeker’s allowance.

(3)

(4)

(5)

75Appeal body#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

76Effect of an appeal#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(c)working families' tax credit ;

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(iv)in the case of a person who has attained pensionable age or, where the qualifying benefit is income support the age of 60, the date he attained that age;

(v)in any other case, the date on which entitlement to a qualifying benefit ceased on satisfaction of the work condition.

(vi)where the accommodation is a caravan or a mobile home, payments in respect of the site on which it stands;

(3)

(4)

(5)

(6)

77Determination of an appeal#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(2)

(3)

Chapter 2 · Appeals: ... Northern Ireland

78Procedure for appeals#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

(4)

Part 9 · The Union Registry ...

79Interpretation#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

80The Union Registry#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(5)

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(8)

(a)

(b)

(9)

(10)Where the amount of a bonus would, but for this paragraph, include a fraction of a penny, that fraction shall be disregarded if it is less than a half penny and shall otherwise be treated as a penny.

(11)Subject to paragraphs (6) to (10), the amount of the bonus payable shall be the whole of the amount calculated in accordance with this regulation.

(12)In paragraph (5), “official error" means a mistake made or something done or omitted to be done by an officer of the Department for Work and Pensions acting as such where the person claiming the qualifying benefit or any person acting on his behalf has not caused, or materially contributed to, that mistake or omission.

(13)

(a)

(b)

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)

(a)

(b)

(16)

81The UK Registry#

(1)The Environment Agency must continue to operate the UK Registry for the purposes of meeting the obligations of the United Kingdom referred to in Article 5(1) of the Registries Regulation 2013 (obligations as a Party to the Kyoto Protocol ^note and under Article 6 of Decision No 280/2004/EC^note), and in that capacity is referred to in these Regulations as the “KP registry administrator”.

(2)

Part 10 · Supplementary

82Recovery of fees#

Any fee payable by virtue of these Regulations may be recovered by the regulator as a civil debt.

83Consequences of non-payment#

The regulator is not required to perform a function for which a fee is payable in relation to a person who has not paid a fee which that person is liable to pay.

84Guidance#

(1)The authority may issue guidance to the regulator with respect to the carrying out of any of the regulator's functions under these Regulations, the Monitoring and Reporting Regulation or the Verification Regulation.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The regulator ^note... must have regard to any guidance issued under paragraph (1) ^note....

84ADuty of Secretary of State to publish information#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 11 · Revocations, savings and transitional provisions.

85Revocations#

The following enactments are revoked—

(a)the 2005 Regulations;

(b)the following enactments amending the 2005 Regulations—

(i)S.I. 2006/737;

(ii)S.I. 2007/465;

(iii)S.I. 2007/1096;

(iv)S.I. 2007/3433;

(v)regulation 3 of S.R. (N.I.) 2010/92;

(vi)regulation 4 of S.I. 2005/2903;

(vii)regulation 8 of S.I. 2010/1513;

(viii)regulations 3 and 4 of S.I. 2011/1506;

(ix)paragraphs 1 to 20 of the Schedule to S.I. 2011/2911;

(c)the Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 ^note;

(d)the 2010 Regulations;

(e)the Aviation Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2011 ^note.

86Savings and transitional provisions: the 2005 Regulations#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(3)

(4)

(5)

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(a)

(b)

(9)

(a)

(b)

(11)Subject to paragraphs (6) to (10), the amount of the bonus payable shall be the whole of the amount calculated in accordance with this regulation.

(13)

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(16)

(17)

(a)

(b)

(18)Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

("1A)the relevant provisions have effect as if—

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)after sub-paragraph (i) insert—“ia in relation to an installation (other than an offshore installation) which is (or will be) situated in Wales, the Natural Resources Body for Wales;”

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

87Savings and transitional provisions: the 2010 Regulations#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87AObligations in relation to aviation emissions arising before 2013#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87AAObligations in relation to aviation emissions arising before 2013: deficits#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87BUnreported emissions arising before 2013#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)

(a)

(b)

(3)

(4)

(5)

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(ea)“verified annual reportable emissions” means—

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(f)a jobseeker’s allowance.

(g)a debt incurred by the applicant to pay any of the items listed in sub-paragraphs (c) to (f) and (j);

88Transitional provisions: permits#

(1)A permit granted under regulation 9 of the 2005 Regulations that is in force immediately before 1st January 2021, continues to have effect until it is revoked or surrendered under these Regulations.

(2)The regulator must vary the content of a greenhouse gas emissions permit that is in force immediately before 1st January 2021 to comply with the requirements of paragraph 2 of Schedule 4.

(3)Subject to paragraphs (4) and (5), an excluded installation emissions permit that is in force immediately before 1st January 2021 continues to have effect as if it were an Article 27 installation emissions permit until it is revoked, surrendered or varied under these Regulations.

(4)The regulator must vary the excluded installation emissions permit as necessary to bring it into a form in which it could have been granted under regulation 10(2).

(5)The regulator must, where an excluded installation is not eligible to obtain an Article 27 installation emissions permit, vary the excluded emissions permit with effect from 1st January 2021 so that the provisions of the permit that satisfy the requirements of paragraph 3 of Schedule 5 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.

(6)The regulator may make any arrangements it considers necessary during the transitional period to—

(a)vary a permit under paragraph (2), (4) or (5);

(b)grant an Article 27 installation emissions permit under regulation 10(2);

(c)revoke a permit under regulation 14(1)(b)(ii) or (iii);

(d)vary a greenhouse gas emissions permit under paragraph 2 of Schedule 5.

(7)In this regulation, the “transitional period” means the period which—

(a)begins with 1st May 2020; and

(b)ends with 31st December 2020.

89Transitional provisions: aviation emissions plans#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 1 · Application to the Crown etc.

(1)Subject to paragraphs 2 and 3, these Regulations bind the Crown.

(2)

(1)

(2)In this paragraph—• “Crown premises” means premises held or used by or on behalf of the Crown;• “power of entry” means a power of entry exercisable under section 108 of the Environment Act 1995 ^note or regulation 30 of the Northern Ireland Regulations, in relation to a function under these Regulations.

(3)

(1)This paragraph applies in relation to an installation operated by a person acting on behalf of—

(a)the Royal Household;

(b)the Duchy of Lancaster; or

(c)the Duke of Cornwall or other possessor of the Duchy of Cornwall.

(2)In relation to the serving or giving of notices or other documents under these Regulations, the following person must be treated as the operator—

(a)in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

(b)in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

(c)in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.

Schedule 2 · Notices etc.

(1)In this Schedule, “instrument” means any notice or direction served or given under these Regulations (but does not include a notice or direction required to be given to the regulator or registry administrator).

(2)An instrument must be in writing.

(3)An instrument may be served on or given to a person (“P”) by—

(a)delivering it to P in person;

(b)sending it to a postal or email address n provided by P for the purpose of service of instruments;

(c)leaving it at P's proper address; or

(d)sending it by post or electronic means to P's proper address.

(4)In the case of a body corporate, an instrument may be served on or given to the secretary or clerk of that body.

(5)In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.

(6)If a person (“Q”) to be served with or given an instrument has specified an address in the United Kingdom (other than Q's proper address) at which Q or someone on Q's behalf will accept instruments of that description, that address must instead be treated as Q's proper address.

(7)For the purposes of this Schedule, “proper address” means (subject to paragraph 6)—

(a)in the case of a body corporate or its secretary or clerk—

(i)the registered or principal office of that body, or

(ii)the email address of the secretary or clerk;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership, or

(ii)the email address (or, in the case of a partnership established outside the United Kingdom, the last known address) of a partner or a person having that control or management;

(c)in any other case, a person's last known address (which for the purpose of this paragraph and paragraph (b) includes an email address).

(8)For the purposes of paragraph 7, where a body corporate registered outside the United Kingdom or a partnership established outside the United Kingdom has an office in the United Kingdom, the principal office of that body corporate or partnership is its principal office in the United Kingdom.

(9)

(10)

Schedule 3 · Applications etc.

(1)

(a)

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(b)

(2)

(a)

(b)

(3)

(4)The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

(b)

(5)

(a)

(b)

(6)

(7)In paragraph 2A(2)(b) of Schedule 7 ^note after the words “associated office" there shall be inserted the words “ or any office to which a claim may be made in accordance with regulation 4A(1) ”.

(8)Where an order for the forfeiture of any apparatus is made following an application by the procurator-fiscal under sub-paragraph (1)(a), any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part X of that Act.

(9)An order following an application under sub-paragraph (1)(a) shall not take effect—

(a)

(b)

(10)An order under sub-paragraph (1)(b) shall not take effect—

(a)

(b)

(11)Subject to sub-paragraph (12), apparatus forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

(12)If he thinks fit, the sheriff may direct the apparatus to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

(13)In section 102 (saving clause as to liability), omit the words from “A continuing certificate” to the end of the section.

(a)

(b)

(2)

(1)Subject to sub-paragraph (2), where an application to the regulator under these Regulations is duly made it must be determined by the regulator within—

(a)the period of two months beginning with the date on which the application was received, or

(b)such longer period as may be agreed in writing with the applicant.

(2)For the purposes of sub-paragraph (1)—

(a)an application is determined when notice of the determination is given to the applicant by the regulator; and

(b)in calculating the period of two months, no account is to be taken of any period beginning with the date on which a notice under paragraph 1(12) is served on the applicant and ending with the date on which the applicant provides the information specified in the notice.

(3)If the regulator fails to determine the application within the period allowed by sub-paragraphs (1) and (2)—

(a)the applicant may give to the regulator notice that the applicant treats the application as having been refused, and

(b)the application is then deemed to have been refused at the end of that period.

(4)Where the application is an application for a permit or the transfer of a permit, any permit that is granted as a result of the application must be attached to the notice given under sub-paragraph (2)(a).

Schedule 4 · Permits

(1)

(a)

(i)

(ii)

(b)

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(c)

(i)

(ii)

(d)

(e)

(f)a dwelling where the tenant has the use of only six rooms.

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(g)a vehicle which is stationary in order that it may be used for one or more of the purposes specified in paragraph 5 and which cannot be used for such a purpose without stopping in the clearway.

(h)

(i)

(2)

(a)

(b)

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(iv)in sub-paragraph (b) for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(3)

(2)

(1)

(a)

(b)

(c)

(i)

(ii)

(d)

(e)

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(iv)in sub-paragraph (b) for the words “adjudication officer" there were substituted the words “ Secretary of State ”;

(2)

(3)

(a)

(i)

(ii)

(b)

(i)

(ii)

(c)

(d)

(4)The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

(b)

(5)

(6)

(a)

(b)

(i)

(ii)

(a)

(b)

(c)

(3)

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(c)

(4)The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

(i)

(ii)

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

(b)

(5)

(6)

(a)

(b)

(c)

(9)An order following an application under sub-paragraph (1)(a) shall not take effect—

(a)

(b)

(10)An order under sub-paragraph (1)(b) shall not take effect—

(a)

(b)

(11)Subject to sub-paragraph (12), apparatus forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

(12)If he thinks fit, the sheriff may direct the apparatus to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

(4)

(1)The notice of surrender must require the operator, in relation to the scheme year in which it takes effect (“the relevant year”), to—

(a)submit to the regulator by a date specified in the notice a report (“the surrender report”) specifying the reportable emissions from the beginning of the relevant year until the date on which the notice takes effect;

(b)ensure that the surrender report is prepared and verified in accordance with the monitoring and reporting requirements of the greenhouse gas emissions permit to which the application to surrender relates (“the permit”); and

(c)by a date specified in the notice, surrender allowances equal to—

(i)the reportable emissions specified in the surrender report;

(ii)where an operator has failed to comply with the surrender requirements of the permit imposed in respect of the last scheme year for which the date for surrendering allowances in accordance with those requirements has passed, the annual reportable emissions in respect of which the operator failed so to comply;

(iii)where the notice of surrender is served in a scheme year in which an error in the report submitted by an operator under the monitoring and reporting requirements in relation to any earlier scheme year has been discovered, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the surrender requirements of the permit in respect of the scheme year to which the error relates; and

(iv)where an operator has failed to comply with regulation 13(2), the total number of allowances which by the date on which the notice of surrender is served have been issued in respect of the installation which would not have been issued if the operator had so complied.

(2)From the date on which the notice of surrender takes effect—

(a)the permit ceases to have effect to authorise the carrying out of a regulated activity or to require the monitoring of emissions; but

(b)any conditions of the permit continue to have effect so far as they are not superseded by the requirements of that notice in accordance with sub-paragraphs (5) to (7) until the regulator certifies—

(i)that those requirements and any surrender requirements of the permit have been complied with, or

(ii)that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.

(3)From the scheme year following the relevant year, for the purposes of assessing compliance with any surrender requirements of the permit the amount of reportable emissions of the installation (before any increase in accordance with paragraph 2(5)) is deemed to be zero.

(4)Where the regulator certifies in accordance with sub-paragraph (2)(b)(ii) that there is no reasonable prospect of further allowances being surrendered by the operator, the regulator must notify the registry administrator.

(5)The requirements specified in a notice of surrender pursuant to sub-paragraph (1)(a) and (b) are to be treated as if they were monitoring and reporting requirements of the permit.

(6)Subject to paragraph (7), the requirements specified in a notice of surrender pursuant to sub-paragraph (1)(c) are to be treated as if—

(a)they were surrender requirements of the permit, and

(b)the number of allowances required to be surrendered by the notice of surrender were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.

(7)Where the surrender report understates any reportable emissions, the requirement to surrender allowances equal to the amount of the understatement is not superseded by the requirements specified in the notice of surrender.

(8)Where the operator fails to comply with the requirements of a notice of surrender included pursuant to sub-paragraph (1), the regulator must notify the registry administrator.

(5)

(1)The revocation notice must require the operator, in relation to the scheme year in which it takes effect (“the relevant year”), to—

(a)submit to the regulator by a date specified in the notice a report (“the revocation report”) specifying the reportable emissions from the beginning of the relevant year until the date on which the notice takes effect;

(b)ensure that the revocation report is prepared and verified in accordance with the monitoring and reporting requirements of the greenhouse gas emissions permit to which the revocation notice relates (“the permit”); and

(c)by a date specified in the notice, surrender allowances equal to—

(i)the reportable emissions specified in the revocation report;

(iii)where the revocation notice is served in a scheme year in which an error in the report submitted by an operator under the monitoring and reporting requirements in relation to any earlier scheme year has been discovered, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the surrender requirements of the permit in respect of the scheme year to which the error relates; and

(iv)where the notice has been served under regulation 14(1)(b), the total number of allowances which by the date on which the revocation notice is served have been issued in respect of the installation which would not have been issued if the operator had so complied.

(2)A revocation notice must specify a period within which the fee for the revocation of the permit must be paid.

(3)From the date on which the revocation notice takes effect—

(a)the permit ceases to have effect to authorise the carrying out of a regulated activity or to require the monitoring of emissions; but

(b)any conditions of the permit continue to have effect so far as they are not superseded by the requirements of that notice in accordance with sub-paragraphs (6) to (8) until the regulator certifies—

(i)that those requirements and any surrender requirements of the permit imposed have been complied with, or

(ii)that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.

(4)From the scheme year following the relevant year, for the purposes of assessing compliance with the surrender requirements of the permit the amount of reportable emissions of the installation (before any increase in accordance with paragraph 2(5)) is deemed to be zero.

(5)Where the regulator certifies in accordance with sub-paragraph (3)(b)(ii) that there is no reasonable prospect of further allowances being surrendered by the operator, the regulator must notify the registry administrator.

(6)The requirements specified in a revocation notice pursuant to sub-paragraph (1)(a) and (b) are to be treated as if they were monitoring and reporting requirements of the permit.

(7)Subject to paragraph (8), the requirements specified in a revocation notice pursuant to sub-paragraph (1)(c) are to be treated as if—

(a)they were surrender requirements of the permit, and

(b)the number of allowances required to be surrendered by the revocation notice were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.

(8)Where the revocation report understates any reportable emissions, the requirement to surrender allowances equal to the amount of the understatement is not superseded by the requirements specified in the revocation notice.

(9)Where the operator fails to comply with the requirements of a revocation notice included pursuant to sub-paragraph (1), the regulator must notify the registry administrator.

(10)A regulator who has served a revocation notice may, at any time before the date on which it takes effect, withdraw the notice.

Schedule 5 · Excluded installations : Article 27 installations

(1)

(2)

(3)

(4)In this Schedule—• “emissions report” has the meaning given by paragraph 3(8)(b)(i);• ^note...• “maximum amount” means annual reportable emissions of 24,999 tonnes of carbon dioxide equivalent in any scheme year.

(2)

(1)

(2)

(a)

(b)

(3)

(1)An Article 27 installation emissions permit must contain—

(a)the name and postal address in the United Kingdom (including postcode) of the operator and any other address for correspondence specified by the operator;

(b)the postal address and national grid reference of the installation (or for offshore installations equivalent information identifying the installation and its location);

(c)a description of the installation, including—

(i)the regulated activities to be carried out at the installation and the specified emissions from those activities; and

(ii)the directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;

(d)a description of the site and the location of the installation on that site;

(e)an emissions target for each scheme year over the first or second allocation period, as the case may be;

(f)a monitoring plan (as defined in sub-paragraph (7));

(g)the monitoring and reporting conditions (as defined in sub-paragraph (8));

(h)the record keeping requirements (as defined in sub-paragraph (9)); and

(i)any other conditions that the regulator considers appropriate to include in the permit.

(2)The authority must exercise powers under ^note... regulation 40 of the Northern Ireland Regulations ^note, to give the regulator directions as to the calculation of the emissions targets included under sub-paragraph (1)(e).

(3)If the regulator has been directed to do so under an enactment mentioned in sub-paragraph (2) before 30th September in any scheme year, the regulator must vary the permit by substituting new emissions targets for the existing targets for each subsequent scheme year over the allocation period to which the direction relates in order to take into account (to the extent and in the manner specified in the direction)—

(a)any amendments to the Directive;

(b)any relevant changes to the determinations in respect of the sectors and subsectors made by the European Commission pursuant to Article 10b(5) of the Directive;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any measures relating to carbon budgets under the Climate Change Act 2008 ^note; or

(e)any other matters mentioned in the direction.

(4)An Article 27 installation emissions permit ^note... must contain a condition requiring the operator to give notice to the regulator by the relevant date if the annual reportable emissions from the installation in any scheme year exceed the maximum amount.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of sub-paragraph (4), the relevant date is 31st March in the year following the scheme year in question.

(7)The monitoring plan is the plan approved in accordance with Articles 11 to 13 of the Monitoring and Reporting Regulation 2018.

(8)The monitoring and reporting conditions are—

(a)a requirement to monitor the annual reportable emissions of the installation in accordance with—

(i)the relevant provisions of the Monitoring and Reporting Regulation 2018; and

(ii)the monitoring plan (including the written procedures supplementing that plan);

(b)a requirement to submit to the regulator, for each scheme year, by 31st March in the following year a report of the annual reportable emissions from the installation in accordance with the relevant provisions of the Monitoring and Reporting Regulation 2018 (“the emissions report”) that is either—

(i)verified in accordance with the Verification Regulation, or

(ii)accompanied by a notice declaring that—

(aa)in preparing the emissions report the operator has complied with the relevant provisions of the Monitoring and Reporting Regulation 2018;

(bb)the operator has complied with the monitoring plan for the installation; and

(cc)the report is free from material misstatements;

(c)a requirement to satisfy the regulator, if an emission factor of zero has been reported in respect of the use of bioliquids, that the sustainability criteria set out in Article 17(2) to (5) of the Renewable Energy Directive have been fulfilled in accordance with Article 18(1) of that Directive; and

(d)any further conditions that the regulator considers necessary to ensure that the operator complies with the relevant provisions of the Monitoring and Reporting Regulation 2018.

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this paragraph, “relevant provisions” means the provisions specified in the permit as relevant for the purposes of monitoring and reporting emissions from Article 27 installations.

(11)The authority must exercise powers under ^note... regulation 40 of the Northern Ireland Regulations, to give the regulator directions as to the provisions that are to be specified in accordance with sub-paragraph (10).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An operator must ensure that annual reportable emissions from an Article 27 installation in a scheme year do not exceed the emissions target for that year.

(6)

(1)Where a capacity increase has occurred at an Article 27 installation after 30th June 2019, the operator may apply to the regulator for an increase in the emissions targets for the installation for the subsequent scheme years within the first allocation period.

(2)An application under sub-paragraph (1) must be made—

(a)by 31st December in the year during which the capacity increase occurred or within 3 months of the date of the capacity increase, whichever is later; or

(b)where the capacity increase occurred before 1st January 2021, by 30th June 2021.

(2A)Where a capacity increase occurs at an Article 27 installation after 30th June 2024, the operator may apply to the regulator for an increase in the emissions targets for the installation for the subsequent scheme years within the second allocation period.

(2B)An application under sub-paragraph (2A) must be made—

(a)by 31st December in the year during which the capacity increase occurred or within 3 months of the date of the capacity increase, whichever is later; or

(b)where the capacity increase occurred before 1st January 2026, by 30th June 2026.

(3)An application under sub-paragraph (1) or (2A) must contain evidence demonstrating the following—

(a)the date on which the capacity increase was put into operation;

(b)that the increase is not temporary;

(c)that the increase is in operation and is required for the purpose of carrying out the operator's primary business activities;

(d)^note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any further matters that the regulator is required to take into account by a direction referred to in sub-paragraph (8).

(4)Where the regulator receives an application under sub-paragraph (1) or (2A), and is satisfied with information provided by the operator under sub-paragraph (3), the regulator may calculate new emissions targets for that and subsequent scheme years within the allocation period to which the application relates.

(5)Where the regulator calculates new emissions targets pursuant to sub-paragraph (4), the regulator must vary the permit by substituting the new emissions targets for the existing targets.

(6)Where after having varied the permit under sub-paragraph (5) the regulator is subsequently satisfied that the evidence provided by the operator under sub-paragraph (3) is incorrect or incomplete, the regulator may recalculate those new emissions targets and vary the permit accordingly by making a new substitution of emissions targets.

(7)However, the increase in an emissions target under sub-paragraph (4) or (6) may not result in an emissions target which exceeds the maximum amount.

(8)The authority must exercise powers under ^note... regulation 40 of the Northern Ireland Regulations, to give the regulator directions as to—

(a)the further matters required to be taken into account when considering an application under sub-paragraph (1) or (2A); and

(b)the calculation or recalculation of emissions targets under sub-paragraphs (4) or (6).

(9)In this paragraph—

(a)“capacity increase” means an increase in an installation’s installed capacity whereby one or more identifiable physical changes relating to its technical configuration and functioning other than a replacement of an existing production line takes place;

(b)“installed capacity” means—

(i)for the purpose of calculating new emission targets for the first allocation period, the installation’s installed capacity on 30th June 2019;

(ii)for the purpose of calculating new emission targets for the second allocation period, the installation’s installed capacity on 30th June 2024;

(iii)in the case of an installation which has had a capacity increase either since 30th June 2019, or since 30th June 2024, as the case may be, the installed capacity of the installation following the last capacity increase;

(d)^note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

(1)^note... In this paragraph “bankable amount” in relation to a scheme year means the difference between—

(a)the emissions target for that year; and

(b)the amount of reportable emissions stated in the emissions report for that year.

(2)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to sub-paragraphs (5) and (8), where for any scheme year (“S”) the bankable amount is greater than zero the regulator—

(a)may increase the emissions target for the installation for the following scheme year by the bankable amount; and

(b)must in that case vary the permit by substituting that increased emissions target for the existing target.

(5)^note... If increasing the emissions target under sub-paragraph (4) would result in an emissions target which exceeds the maximum amount, the increased emissions target must instead be equal to the maximum amount.

(6)Where the amount of reportable emissions stated in the emissions report for S is amended following a determination of emissions under regulation 44(3), the regulator must—

(a)calculate the bankable amount using the data as so determined; and

(b)where an increased emissions target has been substituted under sub-paragraph (4)(b), make a further variation of the permit to substitute a revised emissions target.

(7)Subject to paragraph (8), where an increased emissions target for a scheme year has been substituted following an application under paragraph 6(1), but the application was determined in the following year, the regulator must—

(a)calculate any bankable amount for the scheme year using that increased target; and

(b)vary the permit to substitute a revised emissions target for the following year, based on the amount so calculated.

(8)The regulator may not vary an emissions target under sub-paragraph (4)(a) or (7)(a) for a scheme year which begins after the end of the allocation period during which any increase has occurred.

(8)

(1)Where the regulator is satisfied that the annual reportable emissions from an Article 27 installation have exceeded the maximum amount, the regulator must, as soon as is reasonably practicable, give a notice to the operator.

(2)A notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—

(a)the installation will not be treated as an Article 27 installation; and

(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation for the remainder of the allocation period during which the notice is given.

(3)This sub-paragraph applies where the regulator is satisfied that the operator of an Article 27 installation has—

(a)committed a sufficiently serious breach of the conditions of the Article 27 installation emissions permit, or

(b)failed to pay to the regulator the penalty imposed under regulation 56 within one month after the date specified in the penalty notice.

(4)Where sub-paragraph (3) applies the regulator may revoke the permit under regulation 14 or give a notice to the operator in accordance with sub-paragraph (5).

(5)The notice must state that, from the beginning of the scheme year following the year in which notice is given—

(a)the installation will not be treated as an Article 27 installation; and

(6)Where notice is given under sub-paragraph (1) or (4), the regulator must vary the Article 27 installation emissions permit, with effect from the 1st January in the scheme year following the year in which the notice was given (“the date of conversion”), so that the provisions of the permit that satisfy the requirements of paragraph 3 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.

(6A)Where regulation 15(C1) applies, the regulator must vary the excluded installation emissions permit, with effect from 1st January 2026, so that the provisions of the permit that satisfy the requirements of paragraph 3 of this Schedule are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.

(7)In varying a permit under sub-paragraph (6), the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation ceasing to be treated as an Article 27 installation.

(8)A variation of a permit under sub-paragraph (6) does not affect any obligations of the operator under the permit in respect of emissions arising from activities prior to the date of conversion.

(9)Where—

(a)notice is given under sub-paragraph (1) or (4), and

(b)the operator holds a registry account with Article 27 status in respect of the installation,

the regulator must give notice to the registry administrator, in accordance with the Registries Regulation 2019, to change the status of the account to open from the year beginning with the date of conversion.

(10)Where sub-paragraph (3) applies and the permit is revoked, the regulator must give notice to the registry administrator in accordance with the Registries Regulation 2019 to close the account.

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 5A

(1)

(a)

(b)

(2)

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

(3)

(1)

(2)

(4)

(1)

(2)

(5)

(1)Where the regulator is satisfied that an Article 27a installation has exceeded the maximum amount in any scheme year, the regulator must, as soon as is reasonably practicable, give a notice to the operator.

(2)A notice that is given pursuant to sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—

(a)the installation will not be treated as an Article 27a installation; and

(b)the operator will be required to comply with the conditions of the operator's preferred alternative permit for the remainder of the allocation period during which the notice is given.

(3)Where the regulator has not received notification of the operator’s preferred alternative permit in accordance with paragraph 3, the notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given, until the end of the allocation period during which the notice is given, the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.

(4)The operator of an Article 27a installation who has received a notice pursuant to sub-paragraph (1) may apply for—

(a)a greenhouse gas emissions permit, under regulation 10(1); or

(b)an Article 27 installation emissions permit, under regulation 10(2),

whichever is stated in the notice given pursuant to sub-paragraph (2)(b) or sub-paragraph (3).

Schedule 6 · Allocation and adjustment of allowances

(1) (repealed)

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 6A · Allocation and adjustment of allowances: installations which cease to be excluded installations

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2) (repealed)