Legalize / United Kingdom / Statutory-Instrument

The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Type Statutory-Instrument

Publication 2012-12-05

Last updated 2021-05-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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SCHEDULE 3 — Applications etc.

Applications etc.: general

1

(1) This paragraph applies—

(a) to any application, notice or report submitted to the regulator under any provision of—

(i) these Regulations, or

(ii) a permit, ...

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) notwithstanding any further provision made under or by virtue of these Regulations in respect of such application, notice or report.

(2) Sub-paragraph (10) also applies to applications—

(a) to the registry administrator to open an account in the Union Registry, and

(b) to the KP registry administrator to open an account in the UK Registry,

and for that purpose the provision of updated information in relation to such an account is to be treated as an application.

(3) For the purposes of this paragraph, an application includes any proposed plan required to be submitted as part of the application.

(4) An application, report or notice—

(a) must be in writing; and

(b) unless agreed otherwise in writing with the regulator, must be submitted on a form made available by the regulator for that purpose.

(5) Such a form must specify, as the case may be—

(a) the information required by the regulator to determine the application; or

(b) the matters required to be included in the report or notice.

(6) Unless agreed otherwise in writing with the regulator, the form must be sent to the regulator electronically.

(7) A form provided by the regulator which specifies an electronic address for submission must, if submitted electronically, be sent to that address.

(8) A form provided by the regulator for submission through a website must, unless the regulator agrees otherwise in writing, be submitted through that site and in accordance with the instructions given there for completion and submission.

(9) Unless the information has been provided in a previous application made to the regulator, an application must contain the name, postal address (including postcode) and telephone number of the applicant, together with—

(a) an email address for service, or

(b) a postal address for service (including postcode) in the United Kingdom,

and in the case of an application under regulation 12 (transfer of permits) those requirements apply to each of the joint applicants.

(10) An application must be accompanied by the fee prescribed, but—

(a) where the application is sent electronically, the fee may be sent to the regulator separately from the application (and in that case the application is deemed not to have been received by the regulator until the fee has also been received); ...

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

(11) An application may be withdrawn at any time before it is determined.

(12) The regulator may, by notice to the applicant, require the applicant to provide such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application.

(13) The application is deemed to have been withdrawn where—

(a) the applicant has failed to provide that information by the end of that period (or by such later date as may be agreed with the regulator); and

(b) the regulator gives notice to the applicant that the application is treated as having been withdrawn.

Determination of applications

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

Applications for permits

1

(1) An application for a permit must contain—

(a) as well as the address for service required under Schedule 3, any address to which correspondence relating to the application should be sent; and (if the applicant is a body corporate)—

(i) its registered number and the postal address of its registered or principal office, and

(ii) if that body corporate is a subsidiary of a holding company within the meaning of section 1159 of the Companies Act 2006 , the name of the holding company (other than a holding company which is itself a subsidiary) and the postal address of its registered or principal office;

(b) in relation to the site of the installation—

(i) the postal address and national grid reference of the site (or equivalent information identifying the installation and its location);

(ii) a description of the site and the location of the installation on it; and

(iii) the name of any local authority in whose area the site is situated;

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

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

(d) a description of the raw and auxiliary materials used in carrying out regulated activities in the installation, the use of which is likely to lead to specified emissions;

(e) a description of the sources of specified emissions from the regulated activities carried out in the installation;

(f) a monitoring plan submitted under Article 12 of the Monitoring and Reporting Regulation 2018, together with—

(i) the supporting documents under Article 12(1) of that Regulation;

(ii) the summary of a procedure ensuring fulfilment of the requirements referred to in Article 12(3)(a) and (b) of that Regulation; and

(iii) the uncertainty assessment carried out under Article 28(1)(a) of that Regulation;

(g) a description, including the reference number, of any environmental licence issued in relation to the installation;

(h) any additional information which the applicant wishes the regulator to take into account in considering the application; and

(i) a non-technical summary of the information referred to in paragraphs (c) to (h).

(2) For the purposes of sub-paragraph (1)(g), “environmental licence” means—

(a) an authorisation under ... the Industrial Pollution Control (Northern Ireland) Order 1997 ; or

(b) a permit under—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the Northern Ireland Regulations.

(3) Where an application is for a permit in respect of more than one installation, the application must contain the information required by sub-paragraph (1) in respect of each installation.

Content of a greenhouse gas emissions permit

2

(1) A greenhouse gas emissions permit granted under regulation 10 must contain—

(a) the name and postal address in the United Kingdom (including postcode) of the operator;

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

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

(ii) any 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; and

(e) as defined below—

(i) the monitoring plan;

(ii) the monitoring and reporting requirements;

(iii) the surrender requirements; and

(iv) the supplementary requirements.

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

(3) The monitoring and reporting requirements are—

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

(i) the Monitoring and Reporting Regulation 2018; and

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

(b) a requirement to prepare, for each scheme year, a verified report of those emissions in accordance with the Monitoring and Reporting Regulation 2018 and the Verification Regulation and to submit that report to the regulator—

(i) for the scheme year 2018, by 11th March 2019; or

(ii) for any other scheme year, by 31st March in the following year;

(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 give proper effect to the Monitoring and Reporting Regulation 2018 or the Verification Regulation.

(4) The surrender requirements are conditions obliging the operator to surrender a number of allowances equal to the annual reportable emissions of the installation in a scheme year by—

(a) for the scheme year 2018, the 2018 surrender deadline; or

(b) for any other scheme year, the following 30th April.

(5) For the purposes of the surrender requirements the amount of the annual reportable emissions of the installation in a recovery year is deemed to be increased by an amount equal to the amount of annual reportable emissions, arising in the non-compliance year, in respect of which the operator failed to comply with the surrender requirements.

(6) For the purposes of sub-paragraph (5)—

(a) a “non-compliance year” is a scheme year in respect of which an operator fails to comply with the surrender requirements; and

(b) the “recovery year” is—

(i) the scheme year following the non-compliance year; or

(ii) where the non-compliance results from an error in the verified emissions report submitted by the operator, the scheme year in which the error is discovered.

(7) The supplementary requirements are—

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

(b) any other conditions that the regulator considers necessary to ensure that the operator notifies the regulator of any planned or effective changes to the ... operation of the installation, by 31st December in the year in which the change was planned or has occurred; and

Transfer of permits

3

(1) An application under regulation 12 must—

(a) contain the information mentioned in sub-paragraph (3); and

(b) identify the installations, or parts of an installation, to which the application relates (“the transferred units”) and the regulated activities authorised to be carried out at them (“the transferred activities”).

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

(3) The information referred to in sub-paragraph (1)(a) is—

(a) in relation to each applicant, as well as the address for service required under Schedule 3 any address to which correspondence relating to the application should be sent;

(b) in relation to the new operator, the information mentioned in paragraph 1(1)(a)(i) and (ii); and

(c) a monitoring plan and other information mentioned in paragraph 1(1)(f) submitted by the new operator, or a specification by that operator of the parts of the existing monitoring plan that it is proposed should be varied and any necessary corresponding updating of that information.

(4) Where the application relates to a partial transfer, a transfer of the permit is effected by the regulator giving notice—

(a) granting a permit to the new operator (“the new permit”) which—

(i) authorises the carrying out of the transferred activities;

(ii) identifies the transferred units at which they may be carried out; and

(iii) includes such other provisions as the regulator (subject to sub-paragraph (5)) considers appropriate; and

(b) making such corresponding variations to the provisions of the permit held by the current operator (“the original permit”) as the regulator (subject to sub-paragraph (5)) considers appropriate.

(5) In exercising the powers given by sub-paragraph (4)(a)(iii) and (b), the regulator must ensure that the conditions of the new permit, or the original permit as varied, are (so far as relevant) the same as the conditions that were included in the original permit, subject to such modifications as in the opinion of the regulator are necessary to take account of the transfer.

(6) For the purposes of sub-paragraph (4) the new permit, and the variations of the original permit, have effect from a date agreed with the applicants and specified in the new permit and in the original permit as so varied.

(7) Where the application does not relate to a partial transfer, the transfer of the permit is effected by the regulator giving notice varying the permit so that it includes—

(a) the name and other particulars of the new operator;

(b) the date referred to in sub-paragraph (8); and

(8) From a date agreed with the applicants, the new operator is to be treated as the holder of the permit as varied under sub-paragraph (7).

(9) If the new operator already holds a permit (an “existing permit”) for an installation that is on the same site as the transferred unit the regulator may effect a transfer within sub-paragraph (7) by—

(a) giving notice of such variations to the existing permit as in the opinion of the regulator are necessary to take account of the transfer; and

(b) cancelling the permit held by the current operator.

(10) For the purposes of sub-paragraph (9)—

(a) the variations of the existing permit have effect from a date agreed with the applicants and specified in the existing permit as so varied; and

(b) the cancelled permit ceases to have effect on that date.

(11) A regulator who effects the transfer of a permit in accordance with this paragraph must notify the registry administrator of the transfer.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surrender of permits

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

(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.

Revocation of permits

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

(i) the reportable emissions specified in the revocation 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 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

Interpretation

1

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

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

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

(4) In this Schedule—

“emissions report” has the meaning given by paragraph 3(8)(b)(i);

“maximum amount” means annual reportable emissions of 24,999 tonnes of carbon dioxide equivalent in any scheme year.

Conversion of a greenhouse gas emissions permit

2

(1) Where a greenhouse gas emissions permit has been granted in respect of an installation that is an Article 27 installation, the regulator must vary the greenhouse gas emissions permit (with effect from a date to be included in the permit) so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 3.

(2) When a permit is varied under sub-paragraph (1)—

(a) the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation being an Article 27 installation; but

(b) that is without prejudice to the duty to vary the permit in accordance with regulation 88(2) or (4).

(3) A variation of a permit under this paragraph does not affect any obligations of the operator under the permit in respect of emissions arising prior to 1st January 2021.

Content of an excluded installation emissions permit

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);

(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 ... regulation 40 of the Northern Ireland Regulations , 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;

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

(e) any other matters mentioned in the direction.

(4) An Article 27 installation emissions permit ... 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 ... 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).

Activities during 2012: duty to notify regulator

4

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

Emissions target: duty not to exceed

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.

Emissions target: increase in the capacity of an Article 27 installation

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ... 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Banking an overachieved emissions target

7

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

(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) ... 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.

Termination of an excluded installation emissions permit

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

(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.

(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.

End of excluded installation status

9

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

SCHEDULE 6 — Allocation and adjustment of allowances

Interpretation

1

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

Application for an allocation from the new entrant reserve: new entrants

2

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

Application for an allocation from the new entrant reserve: new entrants

3

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

Notification of preliminary annual number of allowances: new entrants and significant capacity extensions

4

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

Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions

5

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

Adjustment of allocation: significant capacity reductions

6

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

Adjustment of allocation to an installation: permanent cessations of regulated activities

7

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

Adjustment of allocation to an installation: permanent cessations of regulated activities

8

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

Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities

9

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

Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities

10

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

Recovery of allowances

11

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

SCHEDULE 7 — Allocation of aviation allowances

Purpose of this Schedule

1

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

Application for a benchmarking plan

2

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

Issue of a benchmarking plan

3

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

Amendment of a benchmarking plan

4

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

Monitoring tonne-kilometre data

5

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

Reporting tonne-kilometre data

6

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

Submission of the report to the Secretary of State and the European Commission

7

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

Publication of aviation allowances

8

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

Force majeure

9

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

Recovery of allowances

10

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

SCHEDULE 8 — Allocation of aviation allowances from the special reserve

Purpose of this Schedule

1

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

Application for a benchmarking plan

2

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

Issue of a benchmarking plan

3

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

Amendment of a benchmarking plan

4

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

Monitoring tonne-kilometre data

5

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

Application for an allocation of allowances

6

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

Submission of an application to the Secretary of State and to the European Commission

7

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

Publication of aviation allowances from the special reserve

8

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

SCHEDULE 9 — Detention and sale of aircraft

Interpretation

1

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

Sale following detention of aircraft

2

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

Release of aircraft

3

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

Court procedures

4

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

Proceeds of sale

5

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

Equipment and documents

6

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

Assistance of aerodrome operator

7

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

Procedure for applying for leave to sell an aircraft

8

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

SCHEDULE 10 — Aircraft operating bans

Application for an operating ban

1

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

Enforcement of an operating ban

2

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

SCHEDULE 11 — Appeals to the Scottish Ministers

PART 1

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

PART 2

10

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

11

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

12

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

13

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

14

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

15

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

SCHEDULE 12 — Appeals (Northern Ireland)

1

(1) A person who wishes to appeal to the Planning Appeals Commission (“the appeals commission”) under regulation 73(1) or 74(1) against a decision of the chief inspector or registry administrator must give to the appeals commission written notice of the appeal together with a statement of the grounds of appeal.

(2) The appeals commission must as soon as is reasonably practicable send to the regulator or registry administrator a copy of that notice and that statement.

(3) An appellant may withdraw an appeal by notifying the appeals commission; and the appeals commission must as soon as is reasonably practicable notify the regulator or registry administrator of that withdrawal.

2

Notice of appeal in accordance with paragraph 1 is to be given before the expiry of the period of 47 days beginning with the date on which the decision takes effect.

3

(1) The appeals commission must determine the appeal and section 204(1), (3) and (4) of the Planning Act (Northern Ireland) 2011 applies in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(2) The appeals commission must determine the process for determining appeals taking into account any requests of either party to the appeal.

4

An appeal under this Schedule must be accompanied by any fee for the appeal prescribed in regulations made under section 223(7)(b) of the Planning Act (Northern Ireland) 2011; and for that purpose section 223(7)(b) has effect as if a reference to an appeal under that Act included a reference to an appeal under these Regulations.

Signed

Verma — Parliamentary Under-Secretary of State — 2012-12-05

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: 1999 c. 24.

[^f00004]: Paragraph 9A of Schedule 1 was inserted by S.I. 2005/925, and amended by S.I. 2012/2788, There are other amendments to Schedule 1 which are not relevant to these Regulations.

[^f00005]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00006]: Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.

[^f00007]: S.I. 2005/925; amended by S.I. 2005/2903, 2006/737, 2007/465, 2007/1096, 2007/3433, 2010/1513, 2011/1506, 2011/2911 and S.R. (N.I.) 2010/92.

[^f00008]: S.I. 2010/1996, amended by S.I. 2011/76 and 2011/2911.

[^f00009]: OJ No L 275, 25.10.2003, p 32. The Directive was amended by European Parliament and Council Directives 2004/101/EC (OJ No L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

[^f00010]: See Point 21al of that Annex, amended by Decision of the EEA Joint Committee No 6/2011 (OJ No L 93, 7.4.2011, p 35); and see the Introduction and Sectoral Adaptation included at the beginning of the Annex.

[^f00011]: 1995 c. 25; section 41A was amended by S.I. 2011/2911 and 2012/2788, and see further the footnote to regulation 18(3).

[^f00012]: S.R. (N.I.) 2010 No. 151; amended by S.I. 2011/2911 and 2012/2788.

[^f00013]: Article 127 was substituted by S.I. 2006/1252 (N.I. 7).

[^f00014]: OJ No L 130, 17.5.2011, p 1.

[^f00015]: OJ No L 181, 12.7.2012, p 30.

[^f00016]: S.R. (NI) 2003 No 46, amended by S.R. (NI) 2003 No 496 and S.I. 2003/3311; there are other amending instruments which are not relevant.

[^f00017]: 1998 c. 17.

[^f00018]: 1974 c. 40; section 30A was substituted (in relation to Scotland) by section 169 of, and paragraph 4 of Schedule 23 to, the Water Act 1989 (c. 15), and was amended by section 120 of, and paragraph 29 of Schedule 22 to, the Environment Act 1995.

[^f00019]: 1964 c. 29; section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23).

[^f00020]: S.I. 2001/1091; amended by S.I. 2005/2055, 2007/938, 2007/938 and 2010/1513.

[^f00021]: 2008 c. 32; section 17 was amended by S.S.I. 2011/224 and S.I. 2011/2453.

[^f00022]: Section 1 is amended (from a date yet to be appointed) by section 41 of, and paragraph 5 of Schedule 4 to, the Marine and Coastal Access Act 2009 (c. 23).

[^f00023]: S.I. 1991/1220 (N.I. 11); relevant amending instruments are S.I. 1999/660 (N.I. 4) and 2003/430 (N.I. 8).

[^f00024]: OJ No L 270, 14.10.2010, p 1; amended by the Registries Regulation 2011.

[^f00025]: OJ No L 315, 29.11.2011, p 1.

[^f00026]: OJ No L 140, 5.6.2009, p 16.

[^f00027]: OJ No L 181, 12.7.2012, p 1.

[^f00028]: 1971 c. 80; see section 1 and Schedule 1 (which was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (2007 asp 2)).

[^f00029]: See Modified UK National Implementation Measures for Phase III of the EU Emissions Trading System http://www.decc.gov.uk/assets/decc/11/cutting-emissions/eu-ets/5233-modified-uk-national-implementation-measures-for-p.pdf.

[^f00030]: Paragraphs (1) and (2) of regulation 13 were amended, paragraph (3) substituted, and paragraphs (3A) and (3B) inserted, by S.I. 2005/2055.

[^f00031]: 1995 c. 25; section 41A of that Act (“the 1995 Act”) was inserted by S.I. 2005/925; sections 41 and 41A were amended by S.I. 2011/2911, and sections 41, 41A, 42 and 56 and 111 were amended by S.I. 2012/2788. By paragraph 9A(2) of Schedule 1 to the Pollution Prevention and Control Act 1999, subsections (2) to (5) of section 41A of the 1995 Act apply in relation to the Secretary of State and a charging scheme made under this regulation as they apply in relation to SEPA and a charging scheme made by SEPA under the 1995 Act. Paragraph 9A of that Schedule was also amended by S.I. 2012/2788.

[^f00032]: S.I. 2009/2301; revoked with savings etc. by S.I. 2010/1996.

[^f00033]: OJ No L 219, 22.8.2009, p 1; amended by Commission Regulations (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12), No 115/2011 (OJ No L 39, 12.2.2011, p 1), No 394/2011 (OJ No L 107, 27.4.2011, p 1) and No 100/2012 (OJ No L 39, 11.2.2012, p 1).

[^f00034]: 2006 c. 46.

[^f00035]: Cm 2833.

[^f00036]: Regulation 37 is modified by regulation 7(2) of these Regulations.

[^f00037]: Kyoto Protocol to the United Nations Framework Convention on Climate Change (Cm 6485).

[^f00038]: OJ No L 49, 19.2.2004, p 1.

[^f00039]: S.I. 2009/3130.

[^f00040]: S.I. 2011/765.

[^f00041]: 1995 c. 25; relevant amendments to section 108 were made by S.I. 2000/1973 and S.S.I. 2000/323.

[^f00042]: Article 18b of the Directive enables the Commission to request the assistance of Eurocontrol (or another relevant organisation) in preparing its list of operators; Eurocontrol (the European Organisation for the Safety of Air Navigation) is an intergovernmental organisation of 38 States and the European Union.

[^f00043]: 2006 c. 46.

[^f00044]: 1990 c. 43.

[^f00045]: 1997 No. 2777 (N.I. 18).

[^f00046]: S.I. 2010/675; the Regulations have been amended a number of times, most recently by S.I. 2012/630.

[^f00047]: S.S.I. 2000/323; the Regulations have been amended a number of times, most recently by S.S.I. 2011/265.

[^f00048]: Regulation 37 is modified by regulation 7(2) of these Regulations.

[^f00049]: OJ L 140, 5.6.2009, p 136.

[^f00050]: 2008 c. 27.

[^f00051]: OJ No L 24, 29.1.2008, p 8.

[^f00052]: OJ No L 334, 17.12.2010, p 17.

[^f00053]: 1982 c. 16; there are amendments to section 105(1) that are not relevant.

[^f00054]: There are amendments to section 88(10) that are not relevant.

[^f00055]: 2000 c. 38.

[^f00056]: 1982 c. 16.

[^f00057]: 2000 c. 26.

[^f00058]: 1973 c. 65, section 210 was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289F and 289G (which were inserted into that Act by the Criminal Justice Act 1982 (c. 48), section 54) and the Housing and Planning Act 1986, Schedule 11, paragraph 39.

[^f00059]: S.I. 1991/1220 (N.I. 11); relevant amending instruments are S.I. 1999/660 (N.I. 4), 2003/430 (N.I. 8) and 2006/1252 (N.I. 7).

[^f00060]: S.I. 2009/1976 (L. 20).

[^f00061]: S.I. 2010/2655.

Editorial notes

[^c21479961]: S.I. 2008/301.

[^c21479971]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c21479981]: 1999 c. 24.

[^c21479991]: Paragraph 9A of Schedule 1 was inserted by S.I. 2005/925, and amended by S.I. 2012/2788, There are other amendments to Schedule 1 which are not relevant to these Regulations.

[^c21480001]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c21480011]: Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.

[^c21480021]: S.I. 2005/925; amended by S.I. 2005/2903, 2006/737, 2007/465, 2007/1096, 2007/3433, 2010/1513, 2011/1506, 2011/2911 and S.R. (N.I.) 2010/92.

[^c21480031]: S.I. 2010/1996, amended by S.I. 2011/76 and 2011/2911.

[^c21480041]: OJ No L 275, 25.10.2003, p 32. The Directive was amended by European Parliament and Council Directives 2004/101/EC (OJ No L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

[^c21480051]: See Point 21al of that Annex, amended by Decision of the EEA Joint Committee No 6/2011 (OJ No L 93, 7.4.2011, p 35); and see the Introduction and Sectoral Adaptation included at the beginning of the Annex.

[^c21480071]: S.R. (N.I.) 2010 No. 151; amended by S.I. 2011/2911 and 2012/2788.

[^c21480081]: Article 127 was substituted by S.I. 2006/1252 (N.I. 7).

[^c21480101]: OJ No L 181, 12.7.2012, p 30.

[^c21480181]: S.I. 1991/1220 (N.I. 11); relevant amending instruments are S.I. 1999/660 (N.I. 4) and 2003/430 (N.I. 8).

[^c21480191]: OJ No L 270, 14.10.2010, p 1; amended by the Registries Regulation 2011.

[^c21480211]: OJ No L 140, 5.6.2009, p 16.

[^c21480231]: 1971 c. 80; see section 1 and Schedule 1 (which was amended by section 1 of the St Andrew's Day Bank Holiday (Scotland) Act 2007 (2007 asp 2)).

[^c21480301]: Cm 2833.

[^c21480311]: Regulation 37 is modified by regulation 7(2) of these Regulations.

[^c21480321]: Kyoto Protocol to the United Nations Framework Convention on Climate Change (Cm 6485).

[^c21480331]: OJ No L 49, 19.2.2004, p 1.

[^c21480341]: S.I. 2009/3130.

[^c21480351]: S.I. 2011/765.

[^c21480361]: 1995 c. 25; relevant amendments to section 108 were made by S.I. 2000/1973 and S.S.I. 2000/323.

[^c21480381]: 2006 c. 46.

[^c21480401]: 1997 No. 2777 (N.I. 18).

[^c21480431]: Regulation 37 is modified by regulation 7(2) of these Regulations.

[^c21480451]: 2008 c. 27.

[^c21480551]: S.I. 2009/1976 (L. 20).

[^c21480561]: S.I. 2010/2655.

[^key-944a869b7e925bc7c0c521800e2b8348]: Reg. 86(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 424 (with Sch. 7)

[^key-f4c9cfdcdebab203e650d9d380499e2f]: Words in reg. 3 substituted (23.5.2013) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013 (S.I. 2013/1037), regs. 1(1), 2(1)(a)

[^key-4dd16c91a65ca27e509a38d5b9467e5a]: Words in reg. 3 inserted (23.5.2013) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013 (S.I. 2013/1037), regs. 1(1), 2(1)(b)

[^key-92edbe325fba917ae9aadd34481c9ad0]: Reg. 87B inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 4(5)

[^key-2e05ad7f2093e1f00015d5c9100cd7bc]: Words in reg. 3 omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(1)(a)

[^key-33d205c6acd7073d768d90306a9f461e]: Words in reg. 3 inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(1)(a)

[^key-c92814dd583d216eb53ba75464bac6ba]: Words in reg. 3 substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(1)(b)(i)

[^key-971518c85b748dc8f11ae7ad0f2fa15c]: Words in reg. 3 substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(1)(b)(ii)

[^key-1b7c9cb2d6c152ba55ed14ca6410b4b1]: Word in reg. 3 substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(1)(c)

[^key-14ccfbc073548cb0ee90b4f36264379b]: Reg. 8(2)(3) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(2)(b)

[^key-690eedd8da139a87f0ab913f2efb1358]: Reg. 8(4)(5) omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(2)(c)

[^key-22682779fe42d0925dd545bbe191ecab]: Word in reg. 45(6)(e) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(4)

[^key-1e40e19510afebd4ab88dacffb3341aa]: Words in reg. 52(2) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(2)

[^key-36d6467d68ff93f18a3a99da7e3f07dc]: Reg. 52(3) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(3)

[^key-2e23fd352a85d6fabaf537849e7c89e7]: Word in reg. 52(4)(b) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 3(4)

[^key-5cda0dbb5fed6a6b55079beb4e5d5e6e]: Words in reg. 69(1) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 6(1)

[^key-7d8dfc9cf6fa2c2d4a648b326ed6c24a]: Words in reg. 74(1) inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(5)(a)(i)

[^key-3fb5f8f4b24e8a5da4d1c6f4434c8a7e]: Reg. 74(3)(4) omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(5)(c)

[^key-c3d926868b12d2ebed8fca2e1e2d789d]: Reg. 77(2) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(6)(a)

[^key-a04222efc51442b52bfcd9480fb806ba]: Reg. 79(1) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(7)(a)

[^key-7df1113757ed1cbd351dcdf171cf0289]: Reg. 80(1) omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(a)

[^key-556582c95f82f13af26be9177c8dc67c]: Words in reg. 80(6) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(e)

[^key-6a6de222b1ed7ed7ed5cb5d93bcb5342]: Words in reg. 80(12) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(g)

[^key-8b14c2af3620af951aa74ea2f11d3101]: Words in reg. 81(1) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(9)

[^key-ba1ee9d35dc7750177796be069fc6ff6]: Reg. 81(2) omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(10)

[^key-64a3f81c626405f5cc168350ef160a84]: Words in reg. 86(15) inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 4(2)(a)

[^key-b42dc416c8cf06df4f55de1d2b5d4e02]: Words in reg. 86(18) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 4(2)(b)

[^key-716be34a3e2cfb5c98c36b60bb129da7]: Words in Sch. 3 para. 1(5)(b) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 6(2)

[^key-c8011fd8ba2973e3f720e61628ecb986]: Word in Sch. 5 para. 3(3) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 6(3)

[^key-b71523d8d33fbd3350fc63377e2b8373]: Words in reg. 33 heading inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 7(2)

[^key-8f652481127f047133125efc8dad806a]: Reg. 42 revoked (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 12(1)

[^key-0e85eafcedc8863102fa276b2c510df4]: Reg. 46(1)(a)(iv) inserted (E.) (25.3.2015) by The Emissions Performance Standard Regulations 2015 (S.I. 2015/933), regs. 1(1), 20(2)

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