The Greenhouse Gas Emissions Trading Scheme Order 2020

Former ultra-small emitters: hospital or small emitter permits coming into force after beginning of scheme year

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• (1) This paragraph applies where a hospital or small emitter permit for an installation referred to in paragraph 4(2) or (3) comes into force on a day after 1st January in the relevant scheme year.

• (2) References in paragraph 11(2) to a scheme year for which the installation is a hospital or small emitter must be treated as not including a reference to the part of the relevant scheme year before the date on which the permit comes into force.

• (3) The installation's emissions target for the relevant scheme year is the emissions target calculated under paragraph 16 or, as the case may be, 17 multiplied by the factor set out in sub-paragraph (4).

• (4) The factor is (Y – D)/Y, where—

• Y is the number of days in the relevant scheme year;

• D is the number of days in the relevant scheme year before the date on which the permit comes into force.

• (5) Paragraph 19 has effect as if the reference to the installation's reportable emissions in the relevant scheme year were a reference to the installation's reportable emissions in the relevant scheme year on and after the date on which the permit comes into force.

• (6) In this paragraph, “relevant scheme year” has the meaning given in paragraph 4(1)(b).

PART 4 — Emissions targets

Emissions targets other than for hospital-qualifying installations may not exceed maximum amount

15

• (1) Except in the case of a hospital-qualifying installation, an emissions target for a scheme year may not exceed the maximum amount.

• (2) This paragraph overrides paragraphs 16 and 17.

Emissions targets for 2021-2025 allocation period

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• (1) This paragraph applies for the purpose of calculating an installation's emissions targets for the scheme years in the 2021-2025 allocation period under paragraph 11(1)(f)(i) and (iii).

• (2) Where a regulated activity began to be carried out at the installation before 2019, the installation's emissions target for a scheme year is the installation's relevant emissions multiplied by the reduction factor for the scheme year.

• (3) For the purpose of sub-paragraph (2), the relevant emissions of an installation are—

• (a) where a regulated activity began to be carried out at the installation before 2016, the sum of the installation's reportable emissions in 2016, 2017 and 2018 divided by 3;

• (b) where a regulated activity began to be carried out at the installation in 2016, the sum of the installation's reportable emissions in 2017 and 2018 divided by 2;

• (c) where a regulated activity began to be carried out at the installation in 2017, the installation's reportable emissions in 2018;

• (d) where a regulated activity began to be carried out at the installation in 2018, the installation's reportable emissions in 2019.

• (4) Where a regulated activity began to be carried out at the installation in 2019, the installation's emissions target—

• (a) for the 2021 scheme year is the 2021 estimate multiplied by the reduction factor for the 2021 scheme year;

• (b) for every other scheme year (the “relevant scheme year”) in the 2021-2025 allocation period is the installation's reportable emissions in 2020 multiplied by the reduction factor for the relevant scheme year.

• (5) Where a regulated activity began to be carried out at the installation in the period beginning on 1st January 2020 and ending on 31st October 2020, the installation's emissions target—

• (a) for the 2021 scheme year is the 2021 estimate multiplied by the reduction factor for the 2021 scheme year;

• (b) for the 2022 scheme year is the 2021 estimate multiplied by the reduction factor for the 2022 scheme year;

• (c) for every other scheme year (the “relevant scheme year”) in the 2021-2025 allocation period is the installation's reportable emissions in the 2021 scheme year multiplied by the reduction factor for the relevant scheme year.

• (6) In sub-paragraphs (4) and (5), “2021 estimate” means the conservative estimate of annual average emissions referred to in Article 19(4) of the Monitoring and Reporting Regulation 2012 used for the purposes of a monitoring plan submitted under that Regulation and contained in the application for a permit under GGETSR 2012 (see paragraph 1(1)(f) of Schedule 4 to GGETSR 2012).

• (7) For the purpose of this paragraph, the reduction factor for a scheme year set out in column 1 of table D is the value set out in the corresponding entry in column 2.

Column 1	Column 2
Scheme year	Reduction factor
2021	0.8697
2022	0.8461
2023	0.8224
2024	0.7988
2025	0.7751

• (8) In this paragraph, a reference to reportable emissions is a reference to reportable emissions (within the meaning of GGETSR 2012 or this Order)—

• (a) verified as satisfactory in accordance with the Verification Regulation 2012 or the Verification Regulation 2018;

• (aa) determined under regulation 44 of GGETSR 2012 or article 45 of this Order; or

• (b) where relevant, set out in an emissions report accompanied by the notice or declaration referred to in paragraph 3(8)(b)(ii) of Schedule 5 to GGETSR 2012 or paragraph 11(2)(b)(ii) of this Schedule.

• (9) This paragraph is subject to paragraph 14.

Emissions targets for 2026-2030 allocation period

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• (1) This paragraph applies for the purpose of calculating an installation's emissions targets for the scheme years in the 2026-2030 period under—

• (a) paragraph 11(1)(f)(ii) and (iv);

• (b) paragraph 21.

• (2) Where a regulated activity begins to be carried out at the installation before 2024, the installation's emissions target for a scheme year is the installation's relevant emissions multiplied by the reduction factor for the scheme year.

• (3) For the purpose of sub-paragraph (2), the relevant emissions of an installation are—

• (a) where a regulated activity begins to be carried out at the installation before 2021, the sum of the installation's reportable emissions in 2021, 2022 and 2023 divided by 3;

• (b) where a regulated activity begins to be carried out at the installation in 2021, the sum of the installation's reportable emissions in 2022 and 2023 divided by 2;

• (c) where a regulated activity begins to be carried out at the installation in 2022, the installation's reportable emissions in 2023;

• (d) where a regulated activity begins to be carried out at the installation in 2023, the installation's reportable emissions in 2024.

• (4) Where a regulated activity begins to be carried out at the installation in 2024, the installation's emissions target—

• (a) for the 2026 scheme year is the 2026 estimate multiplied by the reduction factor for the 2026 scheme year;

• (b) for every other scheme year (the “relevant scheme year”) in the 2026-2030 period is the installation's reportable emissions in the 2025 scheme year multiplied by the reduction factor for the relevant scheme year.

• (5) Where a regulated activity begins to be carried out at the installation in the period beginning on 1st January 2025 and ending on 31st October 2025, the installation's emissions target—

• (a) for the 2026 scheme year is the 2026 estimate multiplied by the reduction factor for the 2026 scheme year;

• (b) for the 2027 scheme year is the 2026 estimate multiplied by the reduction factor for the 2027 scheme year;

• (c) for every other scheme year (the “relevant scheme year”) in the 2026-2030 period is the installation's reportable emissions in the 2026 scheme year multiplied by the reduction factor for the relevant scheme year.

• (6) In sub-paragraphs (4) and (5), “2026 estimate” means the estimate of the installation's reportable emissions in the 2026 scheme year provided under—

• (a) in the case of a hospital-qualifying installation, paragraph 6(3)(b);

• (b) in any other case, paragraph 6(6).

• (7) For the purpose of this paragraph, the reduction factor for a scheme year set out in column 1 of table E is the value set out in the corresponding entry in column 2.

Column 1	Column 2
Scheme year	Reduction factor
2026	0.8882
2027	0.8602
2028	0.8322
2029	0.8043
2030	0.7763

• (8) In this paragraph, a reference to reportable emissions is a reference to reportable emissions—

• (a) verified as satisfactory in accordance with the Verification Regulation 2018; ...

• (aa) determined under article 45; or

• (b) where relevant, set out in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii).

• (9) This paragraph is subject to paragraph 14.

Emissions targets: calculation of later targets where initial targets based on estimates

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• (1) This paragraph applies where an installation's emission targets for the scheme years in the 2021-2025 allocation period or the 2026-2030 period are required to be calculated under—

• (a) paragraph 16(4) or (5);

• (b) paragraph 17(4) or (5).

• (2) Paragraph 11(1)(f)(i) and (ii) do not require the installation's hospital or small emitter permit to contain emissions targets for scheme years (the “relevant scheme years”) for which, at the date of issue of the permit, the information required to calculate the emission targets is not available.

• (3) As soon as reasonably practicable after the information to calculate the installation's emissions targets for the relevant scheme years becomes available, the regulator must vary the installation's hospital or small emitter permit under paragraph 6 of Schedule 6 by adding the emissions targets.

• (4) But sub-paragraph (3) does not apply if the regulator has given a conversion notice to the operator of the installation, the effect of which is that the installation will not be a hospital or small emitter for the relevant scheme years.

Emissions targets: hospital or small emitters must not exceed targets

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• (1) The operator of an installation must ensure that the installation's reportable emissions in a scheme year for which the installation is a hospital or small emitter do not exceed the emissions target for that year.

• (2) This paragraph is subject to paragraph 14.

Emissions targets: banking overachieved target

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• (1) In this paragraph, an installation's “bankable amount”, in relation to a scheme year, means ET – RE, where—

• ET is the installation's emissions target for that year;

• RE is the reportable emissions stated in the installation's emissions report for that year.

• (2) But if the installation's emissions target for a scheme year is calculated in accordance with any of the following provisions (emissions targets based on estimates), for the purposes of this paragraph the installation's bankable amount for that scheme year must be treated as zero—

• (a) paragraph 16(4)(a);

• (b) paragraph 16(5)(a) or (b);

• (c) paragraph 17(4)(a);

• (d) paragraph 17(5)(a) or (b).

• (3) Subject to sub-paragraphs (5) and (6), where an installation's bankable amount for a scheme year (the “scheme year in question”) is greater than zero—

• (a) the regulator may increase the installation's emissions target for the following scheme year (the “next scheme year”) by the bankable amount; and

• (b) if the regulator does so, the regulator must vary the installation's hospital or small emitter permit under paragraph 6 of Schedule 6 by substituting the increased emissions target for the existing target.

• (4) Subject to sub-paragraph (6), where the amount of reportable emissions stated in the installation's emissions report for the scheme year in question is amended following a determination of emissions under article 45, the regulator must—

• (a) calculate the bankable amount for the scheme year in question as if RE in sub-paragraph (1) were the amount of reportable emissions for that year as amended following the determination; and

• (b) where an increased emissions target for the next scheme year has been substituted under sub-paragraph (3)(b), further vary the permit under paragraph 6 of Schedule 6 by substituting a revised emissions target for that year, based on the revised calculation of the bankable amount under paragraph (a).

• (5) Sub-paragraph (3) does not apply if the scheme year in question is—

• (a) the 2025 scheme year;

• (b) the 2030 scheme year.

• (6) Except where the installation is a hospital-qualifying installation, if increasing the emissions target for the next scheme year would result in an emissions target that exceeds the maximum amount, the emissions target must be increased by such amount as results in an emissions target of the maximum amount.

Emissions targets: targets for 2026-2030 allocation period for hospital or small emitters in 2021-2025 allocation period

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• (1) This paragraph applies where—

• (a) a hospital or small emitter permit is in force for an installation that contains emissions targets for a scheme year in the 2021-2025 allocation period; and

• (b) the installation is included in the hospital and small emitter list for 2026-2030.

• (2) The regulator must, on or before 31st December 2025—

• (a) calculate an emissions target for the installation for each scheme year in the 2026-2030 period; and

• (b) vary the installation's hospital or small emitter permit under paragraph 6 of Schedule 6 to include those emissions targets.

• (3) But sub-paragraph (2) does not apply if the regulator has given a conversion notice to the operator of the installation (the effect of which is that the installation will not be a hospital or small emitter for the scheme years in the 2026-2030 period).

Emissions targets: errors

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• (1) This paragraph applies where the amount of an installation's reportable emissions used to calculate the installation's emission targets (including revised emissions targets under paragraph 19C or 20) for scheme years in the 2021-2025 allocation period or the 2026-2030 period is amended following a determination of emissions under article 45.

• (2) The regulator may calculate revised emissions targets for the current and future scheme years in the ... period and, if the regulator does so, the regulator must vary the installation's hospital or small emitter permit under paragraph 6 of Schedule 6 to include those emissions targets.

• (3) In calculating revised emissions targets under sub-paragraph (2), the regulator may take account of what revised emissions targets for past scheme years in the ... period calculated under this paragraph might have been if the determination had been made earlier (but may not calculate revised emissions targets for past years).

• (4) In this paragraph—

• (a) a reference to reportable emissions used to calculate emissions targets for the 2021-2025 allocation period includes a reference to reportable emissions within the meaning of GGETSR 2012; and

• (b) a reference to a determination of emissions under article 45 includes, in the case of reportable emissions referred to in paragraph (a), a reference to a determination of emissions under regulation 44(3) of GGETSR 2012 or Article 70(1) of the Monitoring and Reporting Regulation 2012.

PART 5 — End of hospital or small emitter status

End of hospital or small emitter status: ceasing to meet criteria

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• (1) Where—

• (a) an installation (other than a hospital-qualifying installation) is a hospital or small emitter for any of the 2021, 2022, 2023, 2026, 2027 and 2028 scheme years; and

• (b) the regulator considers that the installation's reportable emissions in any of those years exceed the maximum amount,

the regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator of the installation.

• (2) Where the regulator considers that a hospital-qualifying installation ceases to be an installation that primarily provides services to a hospital in a scheme year (the “relevant scheme year”) for which the installation is a hospital or small emitter, the regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator of the installation.

• (3) But sub-paragraph (2) does not apply—

• (a) where the relevant scheme year is in the 2021-2025 allocation period and the installation was in operation in any of the 2016, 2017 and 2018 scheme years (within the meaning of GGETSR 2012), if—

• (i) the installation's reportable emissions in each of those years did not exceed the maximum amount; and

• (ii) where the activity referred to in column 1 of the first entry in table C in Schedule 2 (combustion of fuels) was carried out at the installation, the installation's rated thermal input was below 35 megawatts in each of those years.

• (b) where the relevant scheme year is in the 2026-2030 period and the installation was in operation in any of the 2021, 2022 and 2023 scheme years, if—

• (i) the installation's reportable emissions in each of those years do not exceed the maximum amount; and

• (ii) where the activity referred to in column 1 of the first entry in table C in Schedule 2 (combustion of fuels) is carried out at the installation, the installation's rated thermal input is below 35 megawatts in each of those years.

• (4) Where a hospital or small emitter permit may be revoked under paragraph 12 of Schedule 6, the regulator may instead of revoking the permit give a notice (a “conversion notice”) to the operator of the installation.

Conversion notices

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• (1) A conversion notice must—

• (a) set out the grounds for the notice;

• (b) state that the installation is not a hospital or small emitter for the scheme year following the year in which the notice is given;

• (c) state that the operator must comply with the conditions of a greenhouse gas emissions permit from 1st January (the “date of conversion”) in the scheme year following the year in which the notice is given;

• (d) state that, unless the monitoring plan already complies with the Monitoring and Reporting Regulation 2018, the operator must apply to the regulator to vary the monitoring plan so that it does comply with that Regulation.

• (2) Where a conversion notice is given, the regulator must convert, with effect from the date of conversion, the installation's hospital or small emitter permit (if any) into a greenhouse gas emissions permit by varying it under paragraph 6 of Schedule 6 so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 4 of Schedule 6.

• (3) Despite sub-paragraph (2)—

• (a) where the monitoring plan does not already comply with the Monitoring and Reporting Regulation 2018, the regulator may revoke the permit under paragraph 12 of Schedule 6 instead of converting it if—

• (i) the operator fails to apply to the regulator to vary the monitoring plan; or

• (ii) the variations applied for are not such that the plan would comply with that Regulation;

• (b) the regulator must revoke the permit instead of converting it if the regulator considers that the operator will not be capable of monitoring and reporting the installation’s reportable emissions in accordance with the monitoring and reporting conditions of a greenhouse gas emissions permit.

• (4) When varying a permit, the regulator may make only such variations as the regulator considers necessary in consequence of the installation ceasing to be a hospital or small emitter.

• (5) The conversion of the permit does not affect the obligations of the operator under the permit in respect of specified emissions before the date of conversion.

End of hospital or small emitter status: voluntary exit of status for 2027-2030 allocation period

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• (1) The regulator must, as soon as reasonably practicable, inform the UK ETS authority about each installation in respect of which a conversion notice is given.

• (2) The UK ETS authority must, from time to time, publish the information referred to in sub-paragraph (1).

End of hospital or small emitter status: ceasing to meet criteria: publication

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• (1) The regulator must, as soon as reasonably practicable after the hospital and small emitter list for 2026-2030 is published and in any event on or before 31st October 2025, give notice to the operator of an installation to which sub-paragraph (2) applies—

• (a) stating that the operator must comply with the conditions of a greenhouse gas emissions permit from 1st January 2026; and

• (b) stating that, unless the monitoring plan already complies with the Monitoring and Reporting Regulation 2018, the operator must apply to the regulator on or before 30th November 2025 to vary the monitoring plan so that it does comply with that Regulation.

• (2) This sub-paragraph applies to an installation that is a hospital or small emitter for the 2025 scheme year other than an installation that is included in—

• (a) the hospital and small emitter list for 2026-2030; or

• (b) the ultra-small emitter list for 2026-2030.

• (3) Where a notice under sub-paragraph (1) is given, the regulator must convert, with effect from 1st January 2026, the installation's hospital or small emitter permit (if any) into a greenhouse gas emissions permit by varying it under paragraph 6 of Schedule 6 so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 4 of Schedule 6.

• (4) Despite sub-paragraph (3)—

• (a) where the monitoring plan does not already comply with the Monitoring and Reporting Regulation 2018, the regulator may revoke the permit under paragraph 12 of Schedule 6 instead of converting it if—

• (i) the operator fails to apply to the regulator on or before 30th November 2025 to vary the monitoring plan; or

• (ii) the variations applied for are not such that the plan would comply with that Regulation;

• (b) the regulator must revoke the permit instead of converting it if the regulator considers that the operator will not be capable of monitoring and reporting the installation’s reportable emissions in accordance with the monitoring and reporting conditions of a greenhouse gas emissions permit.

• (5) When varying a permit, the regulator may make only such variations as the regulator considers necessary in consequence of the installation ceasing to be a hospital or small emitter.

• (6) The conversion of the permit does not affect the obligations of the operator under the permit in respect of specified emissions before 1st January 2026.

SCHEDULE 8 — Ultra-small emitters

Interpretation

1

• (1) In this Schedule, “maximum amount” means 2,499 tonnes of carbon dioxide equivalent.

• (2) For the purposes of this Order, in determining whether or not an installation's reportable emissions exceed the maximum amount, emissions from biomass must be excluded.

Ultra-small emitter status

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• (1) This paragraph applies to determine whether or not an installation is an ultra-small emitter for a scheme year.

• (2) An installation is an ultra-small emitter for the scheme years in the 2021-2025 allocation period if the installation is included in the list (the “ultra-small emitter list for 2021-2025”) of installations to be excluded from the EU ETS under Article 27a of the Directive from 1st January 2021 published for the purposes of the EU ETS on the website of SEPA on 28th May 2020 .

• (3) But if a notice under paragraph 7(2) is given to the operator of the installation stating that the installation is not an ultra-small emitter for a scheme year in the 2021-2025 allocation period, the installation is not an ultra-small emitter for that scheme year or subsequent scheme years in the allocation period.

• (4) An installation is an ultra-small emitter for the scheme years in the 2026-2030 period if the installation is included in the ultra-small emitter list for 2026-2030.

• (5) But if a notice under paragraph 7(2) or 7A is given to the operator of the installation stating that the installation is not an ultra-small emitter for a scheme year in the 2026-2030 period, the installation is not an ultra-small emitter for that scheme year or subsequent scheme years in the period.

Obtaining ultra-small emitter status for 2026-2030 period

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• (1) The operator of an installation who wishes to apply for the installation to be an ultra-small emitter for the scheme years in the 2026-2030 period must submit the following to the regulator—

• (a) details of the installation, including details of any permit in force;

• (b) evidence that the installation meets the relevant condition.

• (2) An application—

• (a) may not be made before 1st April 2025;

• (b) must be made on or before 30th June 2025.

• (3) After receiving an application, the regulator must on or before 31st August 2025 —

• (a) make a preliminary assessment of whether or not the installation meets the relevant condition; and

• (b) send the preliminary assessment and the reasons for it to the UK ETS authority.

• (4) The relevant condition is that—

• (a) a regulated activity begins to be carried out at the installation on or before 1st January 2024; and

• (b) the installation’s reportable emissions in each relevant scheme year do not exceed the maximum amount.

• (4A) In sub-paragraph (4)(b), “relevant scheme year” means—

• (a) if a regulated activity begins to be carried out at the installation on or before 1st January 2021, the 2021, 2022 and 2023 scheme years;

• (b) if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2021 and ending with 1st January 2022, the 2022, 2023 and 2024 scheme years;

• (c) if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2022 and ending with 1st January 2023, the 2023 and 2024 scheme years;

• (d) if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2023 and ending with 1st January 2024, the 2024 scheme year.

• (5) After receiving the preliminary assessment—

• (a) the UK ETS authority must make a final assessment of whether or not the installation meets the relevant condition; and

• (b) if the UK ETS authority considers that the installation meets the relevant condition, the UK ETS authority must include the installation in a list (the “ultra-small emitter list for 2026-2030”).

• (6) The UK ETS authority must publish the ultra-small emitter list for 2026-2030 on or before 17th October 2025.

• (7) Evidence of an installation's reportable emissions may not be taken into account for the purposes of assessing whether or not an installation meets the relevant condition unless the evidence is—

• (a) verified as satisfactory in accordance with the Verification Regulation 2018; or

• (b) where relevant, in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii) of Schedule 7.

• (8) An application may not be made under this paragraph and paragraph 5 of Schedule 7.

Obtaining ultra-small emitter status for 2026-2030 period: modifications to Verification Regulation 2018 for ultra-small emitters in 2021-2025 allocation period

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• (1) For the purposes of paragraph 3(7)(a), where an installation is included in the ultra-small emitter list for the 2021-2025 allocation period, the Verification Regulation 2018 has effect with the following modifications.

• (2) References in the Verification Regulation 2018—

• (a) to the operator's report or emission report are to be read as references to the evidence of the installation's reportable emissions provided to the verifier by the operator for verification and intended to be submitted under paragraph 3(1)(b);

• (b) to the monitoring plan or the monitoring plan approved by the regulator are to be read as references to the appropriate monitoring plan referred to in paragraph 5, including any modifications to the plan made under Article 14 of the Monitoring and Reporting Regulation 2018, as applied by paragraph 5(4) of this Schedule (even though such modifications do not require the approval of the regulator: see paragraph 5(5)).

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

• (4) Article 3(13)(a) is to be read as if “the permit and” were omitted.

• (5) Article 7 is to be read as if—

• (a) in paragraph 4—

• (i) in point (a) the words from “and meets the requirements” to the end were omitted;

• (ii) in point (b) “the permit and” were omitted;

• (b) in paragraph 5 the reference to non-compliance with the Monitoring and Reporting Regulation 2018 were a reference to non-compliance with the provisions of that Regulation referred to in paragraph 5(4) to (6) of this Schedule;

• (c) paragraph 6 were omitted.

• (6) Article 10(1) is to be read as if—

• (a) point (a) were omitted;

• (b) in point (b) “as well as any other relevant versions of the monitoring plan approved by the regulator, including evidence of the approval” were omitted;

• (c) points (c) and (l) to (n) were omitted.

• (7) Article 11 is to be read as if paragraph 4(c) were omitted.

• (8) Article 17 is to be read as if paragraph 4 were omitted.

• (9) Article 18(1) is to be read as if—

• (a) the second subparagraph were omitted;

• (b) in the third subparagraph for “is not able to obtain such approval in time” there were substituted “ uses methods other than those referred to in the first subparagraph ”.

• (10) Article 19(1) is to be read as if for “Implementing Regulation (EU) 2018/2066” there were substituted “ the monitoring plan ”.

• (11) Article 21(1) is to be read as if after “verification process” there were inserted “ but at least once during the 2021-2025 allocation period (as defined in the Greenhouse Gas Emissions Trading Scheme Order 2020) ”.

• (12) Article 22 is to be read as if—

• (a) references to non-compliance with the Monitoring and Reporting Regulation 2018 were references to non-compliance with the provisions of that Regulation referred to in paragraph 5(4) to (6) of this Schedule;

• (b) in paragraph 1 in the third subparagraph “notify the regulator and” were omitted.

• (13) Article 27 is to be read as if—

• (a) references to non-compliance with the Monitoring and Reporting Regulation 2018 were references to non-compliance with the provisions of that Regulation referred to in paragraph 5(4) to (6) of this Schedule;

• (b) in paragraph 3—

• (i) point (n) were omitted;

• (ii) for point (p) there were substituted—

(p) a confirmation whether the method used to complete the data gap pursuant to the last subparagraph of Article 18(1) is conservative and whether it does or does not lead to material misstatements;

• (14) Article 29(1) is to be read as if—

• (a) the reference to the verification report related to the previous monitoring period were a reference to—

• (i) the verification report under Commission Implementing Regulation (EU) 2018/2067 (as it had effect in EU law) in respect of the scheme year (within the meaning of GGETSR 2012) beginning on 1st January 2020; or

• (ii) where the operator has previously provided evidence of the installation's reportable emissions in the 2021-2025 allocation period to the verifier for verification for the purposes of submission under paragraph 3(1)(b) of this Schedule, the verifier's last report under the Verification Regulation 2018 (as modified by this paragraph) on that evidence;

• (b) “according to the requirements on the operator referred to in Article 69(4) of Implementing Regulation (EU) 2018/2066, where relevant” were omitted;

• (c) “pursuant to Article 69(4) of Implementing Regulation (EU) 2018/2066” were omitted.

• (15) The Verification Regulation 2018 is to be read as if Articles 30 to 32 were omitted.

Duty to monitor reportable emissions, etc.

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• (1) Where an installation is an ultra-small emitter for a scheme year, the operator of the installation must monitor the installation's reportable emissions in the scheme year in accordance with the appropriate monitoring plan.

• (2) The appropriate monitoring plan is—

• (a) the monitoring plan approved in relation to the installation under ... the Monitoring and Reporting Regulation 2018 for the 2025 scheme year, including—

• (i) any modifications approved by the regulator in that scheme year; and

• (ii) any modifications that are not significant (within the meaning of Article 15(3) of that Regulation) notified to the regulator on or before 31st December 2025; or

• (b) if there is no such monitoring plan, the monitoring plan approved in relation to the installation under ... the Monitoring and Reporting Regulation 2012 for the purposes of the EU ETS for the scheme year (within the meaning of GGETSR 2012) beginning on 1st January 2020, including—

• (i) any modifications approved by the regulator in that scheme year; and

• (ii) any modifications that are not significant (within the meaning of Article 15(3) of that Regulation) notified to the regulator on or before 31st December 2020.

• (3) Subject to sub-paragraphs (4) to (6), where an installation is an ultra-small emitter for a scheme year, the Monitoring and Reporting Regulation 2018 does not apply to the monitoring or reporting of emissions of greenhouse gases from the installation in the scheme year.

• (4) Article 14 of the Monitoring and Reporting Regulation 2018 applies to the operator of an installation that is an ultra-small emitter for a scheme year, but is to be read as if—

• (a) references to the monitoring plan were references to the appropriate monitoring plan;

• (b) in paragraph 1 “, and whether the monitoring methodology can be improved” were omitted;

• (c) in paragraph 2—

• (i) after “the following situations” there were inserted “ and those referred to in Article 15(3)(c), (f) and (i) ”;

• (ii) points (b) and (d) to (f) were omitted.

• (5) Any modifications to the appropriate monitoring plan under Article 14 of the Monitoring and Reporting Regulation 2018 must be made in accordance with the provisions of that Regulation; but this sub-paragraph does not require—

• (a) the operator to give notice of the modifications to the regulator;

• (b) the regulator to approve the modifications;

• (c) the regulator to assess whether a monitoring methodology is technically feasible or would incur unreasonable costs.

• (6) Where the appropriate monitoring plan is modified under Article 14 of the Monitoring and Reporting Regulation 2018, Article 16 of that Regulation applies in relation to the modifications, but is to be read as if—

• (a) paragraphs 1 and 2 were omitted;

• (b) in paragraph 3—

• (i) references to the monitoring plan were references to the appropriate monitoring plan;

• (ii) points (c) and (d) were omitted;

• (iii) in point (e) “in accordance with paragraph 2 of this Article” were omitted.

• (7) Where the appropriate monitoring plan is modified under Article 14 of the Monitoring and Reporting Regulation 2018, sub-paragraph (1) of this paragraph has effect as if the reference to the appropriate monitoring plan included a reference to the plan as modified.

Reportable emissions must not exceed maximum amount

6

If an installation's reportable emissions in a scheme year for which the installation is an ultra-small emitter exceed the maximum amount, the operator of the installation must give notice to the regulator on or before 31st March in the following year.

End of ultra-small emitter status: ceasing to meet criteria

7

• (1) This paragraph applies where—

• (a) an installation is an ultra-small emitter for any of the 2021, 2022, 2023, 2026, 2027 and 2028 scheme years; and

• (b) the regulator considers that the installation's reportable emissions in any of those years (the “excess year”) exceed the maximum amount.

• (2) Subject to sub-paragraph (7), the regulator must, as soon as reasonably practicable, give a notice to the operator of the installation.

• (3) The notice must—

• (a) set out the grounds for the notice;

• (b) state that the installation is not an ultra-small emitter—

• (i) where the notice is given in the scheme year following the excess year, for the scheme year following the scheme year in which the notice is given;

• (ii) where the notice is given after the scheme year following the excess year, for the scheme year in which the notice is given;

• (c) state that the operator must—

• (i) apply for a greenhouse gas emissions permit; and

• (ii) comply with the conditions of the permit—

• (aa) where paragraph (b)(i) applies, from 1st January in the scheme year following the year in which the notice is given; or

• (bb) where paragraph (b)(ii) applies, from no later than the date (the “relevant date”) set out in the notice.

• (4) But the notice must also state that, where sub-paragraph (5) applies, the operator must apply for a hospital or small emitter permit and comply with the requirements of that permit, instead of a greenhouse gas emissions permit.

• (5) This sub-paragraph applies where—

• (a) the operator within 14 days of the date of the notice—

• (i) gives notice to the regulator that the operator prefers to comply with the conditions of a hospital or small emitter permit instead of a greenhouse gas emissions permit; and

• (ii) submits evidence to the regulator that the installation is not an ineligible installation for the purposes of paragraph 4 of Schedule 7; and

• (b) the regulator gives notice to the operator that the regulator considers that the installation is not an ineligible installation.

• (6) Where sub-paragraph (3)(b)(ii) applies, although the installation is not an ultra-small emitter for the scheme year in which the notice is given (see paragraph 2), the operator—

• (a) must comply with paragraph 5 in respect of the period beginning on 1st January in the scheme year in which the notice is given and ending on the earlier of—

• (i) the day before a permit for the installation comes into force; and

• (ii) the relevant date;

• (b) is not liable to a civil penalty under article 50 in respect of that period (but is liable to a civil penalty under article 60).

• (7) Sub-paragraph (2) does not apply where—

• (a) it is not possible for the notice to be given in the same period (that is to say, either the 2021-2025 allocation period or the 2026-2030 period) as the excess year; or

• (b) although it is possible for the notice to be given in the same ... period as the excess year, the regulator considers that it would not be reasonable to expect the operator to apply for a permit before the end of the ... period.

End of ultra-small emitter status: publication

8

• (1) The regulator must, as soon as reasonably practicable, inform the UK ETS authority about—

• (a) each installation in respect of which a notice under paragraph 7(2) or 7A is given; and

• (b) where relevant, whether the operator of the installation applied for a greenhouse gas emissions permit or a hospital or small emitter permit.

• (2) The UK ETS authority must, from time to time, publish the information referred to in sub-paragraph (1).

SCHEDULE 9 — Appeals to Scottish Land Court

1

• (1) A person who wishes to appeal to the Scottish Land Court under article 70 against a decision of the regulator or the registry administrator (in either case, the “respondent”) must—

• (a) send the appropriate form to the Scottish Land Court together with the documents referred to in sub-paragraph (2);

• (b) at the same time, send a copy of that form to the respondent together with copies of the documents referred to in sub-paragraph (2)(a) and (f).

• (2) The documents are—

• (a) a statement of the grounds of appeal;

• (b) a copy of any relevant application;

• (c) a copy of any relevant plan;

• (d) a copy of any relevant correspondence between the appellant and the respondent;

• (e) a copy of any notice (or particulars of any deemed refusal) which is the subject matter of the appeal;

• (f) a statement indicating whether the appellant wishes the appeal to be—

• (i) in the form of a hearing; or

• (ii) to be disposed of on the basis of written representations.

• (3) An appeal to the Scottish Land Court may be made on one or more of the following grounds—

• (a) the decision or notice was based on an error of fact;

• (b) the decision or notice was wrong in law;

• (c) the decision or notice was unreasonable for any other reason (including that the amount of a penalty was unreasonable);

• (d) any other reason.

• (4) In this Schedule—

• “appropriate form” has the meaning given in rule 3 of the Rules of the Scottish Land Court Order 2014 ;

• “decision” includes a deemed refusal under this Order.

2

• (1) Subject to sub-paragraph (2), the appropriate form must be sent to the Scottish Land Court before the expiry of the period of 28 days beginning with the date of the decision.

• (2) The Scottish Land Court may accept the appropriate form after the expiry of that period where satisfied that there was a good reason for the failure to bring the appeal in time.

3

• (1) The Scottish Land Court may determine an appeal, or any part of an appeal, on the basis of written representations and without a hearing where—

• (a) the parties agree; or

• (b) the Scottish Land Court considers it can determine the matter justly without a hearing.

• (2) The Scottish Land Court must not determine the appeal without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.

4

• (1) The respondent must, within 16 days of receipt of the copy of the appropriate form, give notice of it to any person who appears to the respondent to have a particular interest in the appeal (“interested party”).

• (2) A notice under sub-paragraph (1) must—

• (a) state that an appeal has been initiated;

• (b) state the name of the appellant;

• (c) describe the decision or notice to which the appeal relates;

• (d) state that, if a hearing is to be held wholly or partly in public, an interested party will be notified of the date, time and location of the hearing;

• (e) state that an interested party may request to be heard at a hearing.

• (3) An interested party may request the respondent to provide the interested party with a copy of the documents set out in paragraph 1(2) only for the purposes of the appeal.

• (4) Where a request is made under sub-paragraph (3), the respondent must provide the documents to the interested party as soon as reasonably practicable.

• (5) An interested party may—

• (a) make representations to the Scottish Land Court in relation to the appeal;

• (b) be heard at a hearing in relation to the appeal.

• (6) The representations by an interested party must be made within 16 days of the date of the notice under sub-paragraph (1).

• (7) The Scottish Land Court must provide a copy of any representations to the parties.

• (8) The respondent must, within 8 days of sending a notice under sub-paragraph (1), give notice to the Scottish Land Court of the persons to whom and the date on which the notice was sent.

• (9) If an appeal is withdrawn, the respondent must give notice to all interested parties about the withdrawal.

SCHEDULE 10 — Appeals to Planning Appeals Commission (Northern Ireland)

1

• (1) A person who wishes to appeal to the Planning Appeals Commission under article 70 against a decision of the regulator or the registry administrator (in either case, the “respondent”) must give to the Planning Appeals Commission—

• (a) written notice of the appeal; and

• (b) a statement of the grounds of appeal.

• (2) The notice of appeal 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 the reference to an appeal under that Act included a reference to an appeal under this Order.

• (3) The Planning Appeals Commission must as soon as reasonably practicable send a copy of the notice of appeal and the statement of grounds to the respondent.

2

A notice of appeal under paragraph 1 must be given before the expiry of the period of 47 days beginning with the date on which the decision of the respondent takes effect.

3

• (1) An appellant may withdraw an appeal by giving notice to the Planning Appeals Commission.

• (2) If an appellant withdraws an appeal, the Planning Appeals Commission must give notice to the respondent of the withdrawal as soon as reasonably practicable.

4

• (1) The Planning Appeals Commission must determine the appeal; and section 204(1), (3) and (4) of the Planning Act (Northern Ireland) 2011 apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal in accordance with that Act.

• (2) The Planning Appeals Commission must—

• (a) determine the process for determining the appeal; and

• (b) when doing so, take into account any requests by either party to the appeal.

SCHEDULE 11 — Transitional provisions: installations

Permits under GGETSR 2012

1

• (1) This paragraph applies to a permit within the meaning of GGETSR 2012 that immediately before this Schedule comes into force authorises a regulated activity to be carried out at an installation.

• (2) But this paragraph does not apply to a permit—

• (a) in respect of which an application under regulation 13 of GGETSR 2012 for the surrender of the permit has been made but has yet to be determined;

• (b) that is due, in accordance with provision made under GGETSR 2012, to be surrendered or revoked; or

• (c) that authorises a regulated activity to be carried out at an installation included in the ultra-small emitter list for 2021-2025.

• (3) Where the installation is included in the hospital and small emitter list for 2021-2025, the regulator must—

• (a) convert the permit into a hospital or small emitter permit the provisions of which satisfy the requirements of paragraph 11 of Schedule 7 and that authorises the regulated activity to be carried out at the installation from 1st January 2021; and

• (b) give notice of the conversion to the operator of the installation.

• (4) In any other case, the regulator must—

• (a) convert the permit into a greenhouse gas emissions permit the provisions of which satisfy the requirements of paragraph 4 of Schedule 6 and that authorises the regulated activity to be carried out at the installation from 1st January 2021; and

• (b) give notice of the conversion to the operator of the installation.

• (5) When converting a permit under sub-paragraph (3) or (4), the regulator may make only such changes to the operator's obligations under the permit as the regulator considers necessary to convert the permit into a greenhouse gas emissions permit or, as the case may be, a hospital or small emitter permit.

• (6) But sub-paragraph (5) does not prevent the regulator correcting errors.

• (7) When converting a permit under sub-paragraph (4), the regulator may include under paragraph 4(2)(d) of Schedule 6 a condition to give proper effect to Article 69(4) of the Monitoring and Reporting Regulation 2018 that requires the operator to submit a report to the regulator relating to non-conformities or recommendations for improvements stated in a verification report under Commission Implementing Regulation (EU) 2018/2067 (as it had effect in EU law) in respect of the scheme year (within the meaning of GGETSR 2012) beginning on 1st January 2020.

• (8) The conversion of a permit under sub-paragraph (3) or (4) does not affect the operator's obligations under the permit in respect of specified emissions before 1st January 2021 (and GGETSR 2012 continue to apply in relation to such obligations).

• (9) A permit that is converted under this paragraph continues in force as if issued under this Order until cancelled, surrendered or revoked under this Order.

Applications for permits, etc. under GGETSR 2012

2

• (1) An application under regulation 10 of GGETSR 2012 for a permit for an installation that is made to the regulator before 1st January 2021, but not determined before that date—

• (a) where the installation is included in the hospital and small emitter list for 2021-2025, must be treated as an application for a hospital or small emitter permit under paragraph 7 of Schedule 7 to this Order;

• (b) in any other case (except where the installation is included in the ultra-small emitter list for 2021-2025), must be treated as an application for a greenhouse gas emissions permit under paragraph 1 of Schedule 6 to this Order.

• (2) An application under regulation 11 of GGETSR 2012 to vary a permit that is made to the regulator before 1st January 2021, but not determined before that date, must be treated as an application to vary the permit under paragraph 6 of Schedule 6 to this Order.

• (3) An application under regulation 12 of GGETSR 2012 for the transfer of a permit that is made to the regulator before 1st January 2021, but not determined before that date, must be treated as an application to transfer the permit under paragraph 7 of Schedule 6 to this Order.

• (4) This sub-paragraph applies where—

• (a) a permit for an installation is converted into a greenhouse gas emissions permit under paragraph 1(4);

• (b) the monitoring methodology plan approved in respect of the installation under Article 8 of the Free Allocation Regulation is contained in the permit by virtue of paragraph 4(1)(hb) or (7) of Schedule 6; and

• (b) a significant modification of the monitoring methodology plan is notified for approval under Article 9 of the Free Allocation Regulation on or before 31st December 2020, but not approved before that date.

• (5) Where sub-paragraph (4) applies, the notification of the significant modification must be treated as an application to vary the permit under paragraph 6 of Schedule 6 to make the significant modification.

Schedule does not apply to permits for relevant Northern Ireland electricity generators, etc.

3

• (1) This Schedule does not apply to—

• (a) relevant Northern Ireland permits; or

• (b) applications for, or in relation to, relevant Northern Ireland permits.

• (2) In this paragraph, “relevant Northern Ireland permit” means a permit within the meaning of GGETSR 2012 that authorises a regulated activity to be carried out at a relevant Northern Ireland electricity generator.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c. 27.

[^f00002]: Treaty Series No. 8 (1953); Cmd 8742.

[^f00003]: S.R. 2013 No. 160.

[^f00004]: OJ No. L 275, 25.10.2003, p. 32.

[^f00005]: 1982 c. 16. Section 24 was amended by section 3(1) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11).

[^f00006]: S.I. 2012/3038, to which there are amendments not relevant to this Order.

[^f00007]: OJ No. L 181, 12.7.2012, p. 30.

[^f00008]: OJ No. L 334, 31.12.2018, p. 1.

[^f00009]: The Natural Resources Body for Wales was established by article 3 of S.I. 2012/1903 (W.230).

[^f00010]: Section 93(2) of the Climate Change Act 2008 defines “tonne of carbon dioxide equivalent”.

[^f00011]: The Scottish Environment Protection Agency was established by section 20 of the Environment Act 1995 (c. 25).

[^f00012]: OJ No. L 181, 12.7.2012, p. 1.

[^f00013]: Commission Implementing Regulation (EU) 2018/2067 is amended prospectively by S.I. 2019/916 with effect from IP completion day and is further amended by this Order.

[^f00014]: 1998 c. 47.

[^f00015]: 1998 c. 46.

[^f00016]: 2006 c. 32. Section 58 was amended by paragraph 6(3) of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23) and sections 21(1) and 49 of the Wales Act 2017 (c. 4). Section 158(3) was substituted by section 43(3) of the Marine and Coastal Access Act 2009.

[^f00017]: The Environment Agency was established by section 1 of the Environment Act 1995 (c. 25).

[^f00018]: 1998 c. 17.

[^f00019]: 2008 c. 32.

[^f00020]: Section 95(1) of the Climate Change Act 2008 defines “national authority”.

[^f00021]: Section 92(1) of the Climate Change Act 2008 defines “greenhouse gas”.

[^f00022]: 2020 c. 14.

[^f00023]: OJ No. L 334, 31.12.2018, p. 1.

[^f00024]: 1995 c. 25; section 108(1) was relevantly amended by section 46(2)(a) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

[^f00025]: 1911 c. 28.

[^f00026]: 1911 c. 6.

[^f00027]: 1995 c. 39; section 44(2) was amended by section 200(2)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00028]: 1979 No. 1714 (N.I. 19).

[^f00029]: The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).

[^f00030]: Section 40 was amended by S.I. 2011/1043 and 2013/755 and amended prospectively by S.I. 2019/458 with effect from IP completion day.

[^f00031]: S.I. 2012/1903 (W. 230).

[^f00032]: S.R. (NI) 2013 No. 160.

[^f00033]: The Scottish Land Court was established by section 3 of the Small Landholders (Scotland) Act 1911 (c. 49) and continued in being under section 1 of the Scottish Land Court Act 1993 (c. 45).

[^f00034]: The Planning Appeals Commission was continued by section 203(1) of the Planning Act (Northern Ireland) 2011 (c. 25).

[^f00035]: The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00036]: S.R. 2005/300, to which there are amendments not relevant to this Order.

[^f00037]: S.I. 1996/972. The definition of “special waste” was substituted by regulation 2(3) of S.S.I 2004/112 and is substituted prospectively by regulation 7(4) of S.S.I. 2019/26 with effect from IP completion day.

[^f00038]: S.I. 2005/1806. Regulation 6 was amended by regulation 3(5) of S.I. 2015/1417.

[^f00039]: S.I. 2005/894, to which there are amendments not relevant to this Order.

[^f00040]: 2003 c. 33. Section 21(3) was amended by regulation 6(2)(b) of S.I. 2011/2499.

[^f00041]: 2008 c. 32.

[^f00042]: OJ No. L 140, 5.6.2009, p. 114.

[^f00043]: S.I. 2003/2562, amended by S.I. 2010/2715 and 2011/1043 and amended prospectively by S.I. 2018/1093 with effect from IP completion day.

[^f00044]: S.R. 2003 No. 470, amended by S.R. 2010 No. 374 and S.I. 2011/1043; there are other amending instruments, but none is relevant.

[^f00045]: 1st Edition, October 2018, available electronically at https://www.icao.int/environmental-protection/CORSIA/Pages/SARPs-Annex-16-Volume-IV.aspx or in paper form from the International Civil Aviation Organisation, 999 Robert-Bourassa Boulevard, Montreal, Quebec, Canada H3C 5H7.

[^f00046]: S.I. 2007/3072; relevant amending instruments are S.I. 2011/2937 and 2018/374.

[^f00047]: 2000 c. 36.

[^f00048]: S.I. 2004/3391, to which there are amendments not relevant to this Order.

[^f00049]: S.S.I. 2004/520, to which there are amendments not relevant to this Order.

[^f00050]: 2007 c. 18.

[^f00051]: Regulation (EC) 765/2008 is amended prospectively by S.I. 2019/696 with effect from IP completion day.

[^f00052]: Paragraphs 24 and 26 of Schedule 7 and paragraph 1 of Schedule 11 provide for the conversion of permits into greenhouse gas emissions permits.

[^f00053]: 2006 c. 46. In section 1159 of the Companies Act 2006, “company” includes any body corporate.

[^f00054]: 1990 c. 43.

[^f00055]: S.I. 1997/2777 (N.I. 18).

[^f00056]: S.S.I. 2012/360.

[^f00057]: S.I. 2013/971.

[^f00058]: S.R. 2013/160.

[^f00059]: S.I. 2016/1154.

[^f00060]: S.S.I. 2018/219.

[^f00061]: O.J. No. L 140, 5.6.2009, p. 16, amended by Council Directive 2013/18/EU (O.J. No. L 158, 10.6.2013, p. 230) and Directive (EU) 2015/1513 (O.J. No. L 239, 15.9.2015, p. 1).

[^f00062]: Paragraph 23(4) of Schedule 7 provides for the regulator to give a conversion notice in respect of the hospital or small emitter permit instead of revoking the permit.

[^f00063]: The hospital and small emitter list for 2021-2025 can be accessed at www.sepa.org.uk/media/504726/uk-article-27-27a-installation-list.pdf. A copy of the list may be inspected at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET; the Industrial Pollution and Radiochemical Inspectorate, Department for Agriculture, Environment and Rural Affairs, Klondyke Building, Cromac Avenue, Belfast BT7 2JA; the Scottish Government Directorate of Energy & Climate Change, Fourth Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow G2 8LU; and the offices of the Welsh Government, Cathays Park 2, Cathays Park, Cardiff CF10 2NQ.

[^f00064]: Paragraph 10 of Schedule 7 and paragraph 1 of Schedule 11 provide for the conversion of permits into hospital or small emitter permits.

[^f00065]: The ultra-small emitter list for 2021-2025 can be accessed at www.sepa.org.uk/media/504726/uk-article-27-27a-installation-list.pdf. A copy of the list may be inspected at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET; the Industrial Pollution and Radiochemical Inspectorate, Department for Agriculture, Environment and Rural Affairs, Klondyke Building, Cromac Avenue, Belfast BT7 2JA; the Scottish Government Directorate of Energy & Climate Change, Fourth Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow G2 8LU; and the offices of the Welsh Government, Cathays Park 2, Cathays Park, Cardiff CF10 2NQ.

[^f00066]: S.S.I. 2014/229.

Editorial notes

[^c24437931]: 2008 c. 27.

[^c24437941]: Treaty Series No. 8 (1953); Cmd 8742.

[^c24437951]: S.R. 2013 No. 160.

[^c24437961]: OJ No. L 275, 25.10.2003, p. 32.

[^c24437971]: 1982 c. 16. Section 24 was amended by section 3(1) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11).

[^c24437981]: S.I. 2012/3038, to which there are amendments not relevant to this Order.

[^c24437991]: OJ No. L 181, 12.7.2012, p. 30.

[^c24438001]: OJ No. L 334, 31.12.2018, p. 1.

[^c24438011]: The Natural Resources Body for Wales was established by article 3 of S.I. 2012/1903 (W.230).

[^c24438021]: Section 93(2) of the Climate Change Act 2008 defines “tonne of carbon dioxide equivalent”.

[^c24438031]: The Scottish Environment Protection Agency was established by section 20 of the Environment Act 1995 (c. 25).

[^c24438041]: OJ No. L 181, 12.7.2012, p. 1.

[^c24438051]: Commission Implementing Regulation (EU) 2018/2067 is amended prospectively by S.I. 2019/916 with effect from IP completion day and is further amended by this Order.

[^c24438061]: 1998 c. 47.

[^c24438071]: 1998 c. 46.

[^c24438081]: 2006 c. 32. Section 58 was amended by paragraph 6(3) of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23) and sections 21(1) and 49 of the Wales Act 2017 (c. 4). Section 158(3) was substituted by section 43(3) of the Marine and Coastal Access Act 2009.

[^c24438091]: The Environment Agency was established by section 1 of the Environment Act 1995 (c. 25).

[^c24438101]: 1998 c. 17.

[^c24438111]: 2008 c. 32.

[^c24438121]: Section 95(1) of the Climate Change Act 2008 defines “national authority”.

[^c24438131]: Section 92(1) of the Climate Change Act 2008 defines “greenhouse gas”.

[^c24438161]: 1995 c. 25; section 108(1) was relevantly amended by section 46(2)(a) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

[^c24438181]: 1911 c. 6.

[^c24438191]: 1995 c. 39; section 44(2) was amended by section 200(2)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^c24438201]: 1979 No. 1714 (N.I. 19).

[^c24438211]: The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).

[^c24438221]: Section 40 was amended by S.I. 2011/1043 and 2013/755 and amended prospectively by S.I. 2019/458 with effect from IP completion day.

[^c24438231]: S.I. 2012/1903 (W. 230).

[^c24438241]: S.R. (NI) 2013 No. 160.

[^c24438251]: The Scottish Land Court was established by section 3 of the Small Landholders (Scotland) Act 1911 (c. 49) and continued in being under section 1 of the Scottish Land Court Act 1993 (c. 45).

[^c24438261]: The Planning Appeals Commission was continued by section 203(1) of the Planning Act (Northern Ireland) 2011 (c. 25).

[^c24438271]: The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^c24438281]: S.R. 2005/300, to which there are amendments not relevant to this Order.

[^c24438291]: S.I. 1996/972. The definition of “special waste” was substituted by regulation 2(3) of S.S.I 2004/112 and is substituted prospectively by regulation 7(4) of S.S.I. 2019/26 with effect from IP completion day.

[^c24438301]: S.I. 2005/1806. Regulation 6 was amended by regulation 3(5) of S.I. 2015/1417.

[^c24438311]: S.I. 2005/894, to which there are amendments not relevant to this Order.

[^c24438321]: 2003 c. 33. Section 21(3) was amended by regulation 6(2)(b) of S.I. 2011/2499.

[^c24438331]: 2008 c. 32.

[^c24438341]: OJ No. L 140, 5.6.2009, p. 114.

[^c24438371]: 1st Edition, October 2018, available electronically at https://www.icao.int/environmental-protection/CORSIA/Pages/SARPs-Annex-16-Volume-IV.aspx or in paper form from the International Civil Aviation Organisation, 999 Robert-Bourassa Boulevard, Montreal, Quebec, Canada H3C 5H7.

[^c24438391]: 2000 c. 36.

[^c24438401]: S.I. 2004/3391, to which there are amendments not relevant to this Order.

[^c24438411]: S.S.I. 2004/520, to which there are amendments not relevant to this Order.

[^c24438441]: Paragraphs 24 and 26 of Schedule 7 and paragraph 1 of Schedule 11 provide for the conversion of permits into greenhouse gas emissions permits.

[^c24438451]: 2006 c. 46. In section 1159 of the Companies Act 2006, “company” includes any body corporate.

[^c24438461]: 1990 c. 43.

[^c24438471]: S.I. 1997/2777 (N.I. 18).

[^c24438481]: S.S.I. 2012/360.

[^c24438491]: S.I. 2013/971.

[^c24438501]: S.R. 2013/160.

[^c24438511]: S.I. 2016/1154.

[^c24438521]: S.S.I. 2018/219.

[^c24438541]: Paragraph 23(4) of Schedule 7 provides for the regulator to give a conversion notice in respect of the hospital or small emitter permit instead of revoking the permit.

[^c24438551]: The hospital and small emitter list for 2021-2025 can be accessed at www.sepa.org.uk/media/504726/uk-article-27-27a-installation-list.pdf. A copy of the list may be inspected at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET; the Industrial Pollution and Radiochemical Inspectorate, Department for Agriculture, Environment and Rural Affairs, Klondyke Building, Cromac Avenue, Belfast BT7 2JA; the Scottish Government Directorate of Energy & Climate Change, Fourth Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow G2 8LU; and the offices of the Welsh Government, Cathays Park 2, Cathays Park, Cardiff CF10 2NQ.

[^c24438561]: Paragraph 10 of Schedule 7 and paragraph 1 of Schedule 11 provide for the conversion of permits into hospital or small emitter permits.

[^c24438571]: The ultra-small emitter list for 2021-2025 can be accessed at www.sepa.org.uk/media/504726/uk-article-27-27a-installation-list.pdf. A copy of the list may be inspected at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET; the Industrial Pollution and Radiochemical Inspectorate, Department for Agriculture, Environment and Rural Affairs, Klondyke Building, Cromac Avenue, Belfast BT7 2JA; the Scottish Government Directorate of Energy & Climate Change, Fourth Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow G2 8LU; and the offices of the Welsh Government, Cathays Park 2, Cathays Park, Cardiff CF10 2NQ.

[^c24438581]: S.S.I. 2014/229.

[^key-1350923fa86d658417ff786ecce29baf]: Art. 1 in force at 12.11.2020, see art. 2(1)

[^key-7230a00e767ce7bff5290af3cf90339e]: Art. 2 in force at 12.11.2020, see art. 2(1)

[^key-2d45b251945490f4f6d6b24ad1c10da2]: Art. 3 in force at 12.11.2020, see art. 2(1)

[^key-cd2959b91b58e623973ff505da7c6df2]: Art. 4 in force at 12.11.2020, see art. 2(1)

[^key-959f4ada57b5ff08f0a7142debe5c4fa]: Art. 5 in force at 12.11.2020, see art. 2(1)

[^key-9b738762a7ecbcee4345ec7964da9f82]: Art. 6 in force at 12.11.2020, see art. 2(1)

[^key-c5d20d92813894882bd28e2ab0a1be8d]: Art. 7 in force at 12.11.2020, see art. 2(1)

[^key-dd6d5a72384b8bd1d2ce9469c794dd05]: Art. 8 in force at 12.11.2020, see art. 2(1)

[^key-6471c8cb1d028a01426017b85997ce5e]: Art. 9 in force at 12.11.2020, see art. 2(1)

[^key-e142d818723cb7ce8a600ef5ef87c93a]: Art. 10 in force at 12.11.2020, see art. 2(1)

[^key-0e24842093f301044c4777e78c4b7f04]: Art. 11 in force at 12.11.2020, see art. 2(1)

[^key-dbccfba9c22dca50011b401cd4ca6bc3]: Art. 12 in force at 12.11.2020, see art. 2(1)

[^key-de97801af4e1808332931ef5b13eaeda]: Art. 13 in force at 12.11.2020, see art. 2(1)

[^key-3a06f40bfa809820e07bc2216d4cce70]: Art. 14 in force at 12.11.2020, see art. 2(1)

[^key-bc3d86beb33ad92eb668d51e95cb5d65]: Art. 15 in force at 12.11.2020, see art. 2(1)

[^key-d1c29ff34ae0d11928fbd1b21de20c07]: Art. 16 in force at 12.11.2020, see art. 2(1)

[^key-697e8fbef37d8c3ba4f55b6be222d03e]: Art. 17 in force at 12.11.2020, see art. 2(1)

[^key-66e00370aacf04f302cccd3659ac8556]: Art. 18 in force at 12.11.2020, see art. 2(1)

[^key-7e63db665040482ddbf2bdf44c0bfd97]: Art. 19 in force at 12.11.2020, see art. 2(1)

[^key-4b5439d371e406e9e54b393df9af2df5]: Art. 20 in force at 12.11.2020, see art. 2(1)

[^key-26bf4882a28385c96bdd041b2c08f96a]: Art. 21 in force at 12.11.2020, see art. 2(1)

[^key-b9270023bf4188a13f6a7c690e80716d]: Art. 22 in force at 12.11.2020, see art. 2(1)

[^key-1036c31b321d2924f98502fc5c903ede]: Art. 23 in force at 12.11.2020, see art. 2(1)

[^key-6ee1e53c5c841f346c33b661e8c52e11]: Art. 24 in force at 12.11.2020, see art. 2(1)

[^key-23bb02755a7b08f1176a73191acfd87c]: Art. 26 in force at 12.11.2020, see art. 2(1)

[^key-362d16e3afcf6eded7ae91726c454808]: Art. 27 in force at 12.11.2020, see art. 2(1)

[^key-1b8f01a10ea113fde27dae26fdaf95e4]: Art. 28 in force at 12.11.2020, see art. 2(1)

[^key-8532a4e1377a9105d6062a89a6bfc403]: Art. 29 in force at 12.11.2020, see art. 2(1)

[^key-b8858d1ef508e8929247c2d7a0d6f88d]: Art. 30 in force at 12.11.2020, see art. 2(1)

[^key-08fcfbb7031dbbc099204ce8e7842945]: Art. 31 in force at 12.11.2020, see art. 2(1)

[^key-807d0324e6d551b35652166e3fff9b8d]: Art. 32 in force at 12.11.2020, see art. 2(1)

[^key-df138da055634bb6727cfe6e5455ecf4]: Art. 33 in force at 12.11.2020, see art. 2(1)

[^key-9de8740df58b7982086526618bbd7b1d]: Art. 34 in force at 12.11.2020, see art. 2(1)

[^key-4dbb77c1e3e6ddbae4f60adfd987b3c3]: Art. 35 in force at 12.11.2020, see art. 2(1)

[^key-3ba1f5bd3f6862157c63e47c9496c2ea]: Art. 36 in force at 12.11.2020, see art. 2(1)

[^key-1bb1ddc1311bdee04dedca4589545b31]: Art. 37 in force at 12.11.2020, see art. 2(1)

[^key-b5527c37dbb3e5d02ac160d53a6aed0b]: Art. 38 in force at 12.11.2020, see art. 2(1)

[^key-6b52ed8b9b5a9962bfc17fe13cdc608e]: Art. 39 in force at 12.11.2020, see art. 2(1)

[^key-e923930b10e283f40c46b192d8d6397f]: Art. 40 in force at 12.11.2020, see art. 2(1)

[^key-14570ec51952d44b4a92172c569d90ef]: Art. 41 in force at 12.11.2020, see art. 2(1)

[^key-434a74cf07f469d9a45f861a6f89232f]: Art. 42 in force at 12.11.2020, see art. 2(1)

[^key-b4a903c4617169e76fde042991cc73e1]: Art. 43 in force at 12.11.2020, see art. 2(1)

[^key-13ceb954caaef7928c405b1e836b128e]: Art. 44 in force at 12.11.2020, see art. 2(1)

[^key-c96c52d692f471f1e2a690482da664c6]: Art. 45 in force at 12.11.2020, see art. 2(1)

[^key-f177f4f041779f5985bbaadf4979b42f]: Art. 46 in force at 12.11.2020, see art. 2(1)

[^key-11308bcc1e958e0edac270f71936249e]: Art. 47 in force at 12.11.2020, see art. 2(1)

[^key-ed04196e563cdcf7dafc285855a4f683]: Art. 48 in force at 12.11.2020, see art. 2(1)

[^key-5e9774c1a530f0e0eb42ed3f85602b1c]: Art. 49 in force at 12.11.2020, see art. 2(1)

[^key-04c689285d3345b976c3636d41fa0deb]: Art. 50 in force at 12.11.2020, see art. 2(1)

[^key-bd77930617da011712b5c3705305e49e]: Art. 51 in force at 12.11.2020, see art. 2(1)

[^key-e8c32fb7694199bd34a044a9d018ec68]: Art. 52 in force at 12.11.2020, see art. 2(1)

[^key-a81f2f3b9b7fb61578ff303662eb5420]: Art. 53 in force at 12.11.2020, see art. 2(1)

[^key-31649895faecbef68225812ba604fb5a]: Art. 54 in force at 12.11.2020, see art. 2(1)

[^key-089e092a68052b53b8325791aa58be08]: Art. 55 in force at 12.11.2020, see art. 2(1)

[^key-c50eb5956185fed00a54b69d5f8eddd7]: Art. 56 in force at 12.11.2020, see art. 2(1)

[^key-22ea9793af811efb92535b3557b137b6]: Art. 57 in force at 12.11.2020, see art. 2(1)

[^key-66fbee36b577545867f5427aa93c7b94]: Art. 58 in force at 12.11.2020, see art. 2(1)

[^key-db33385dfe27ed048fd4c61a56cc6e5e]: Art. 59 in force at 12.11.2020, see art. 2(1)

[^key-199c82e21678f7ba5c0079b3aadb83cc]: Art. 60 in force at 12.11.2020, see art. 2(1)

[^key-eed7606b267e6c697bcca51577034fac]: Art. 61 in force at 12.11.2020, see art. 2(1)

[^key-135c19ab792b05f087cbe04683cc71ee]: Art. 62 in force at 12.11.2020, see art. 2(1)

[^key-3a61a1a16f7eb545518af1805c44c288]: Art. 63 in force at 12.11.2020, see art. 2(1)

[^key-4b0df51725db2ce1bfec211a34b2dc4a]: Art. 64 in force at 12.11.2020, see art. 2(1)

[^key-de69e21d591372255c4baba134ea0e3f]: Art. 65 in force at 12.11.2020, see art. 2(1)

[^key-a348d40bad708865295eb2900888b8c7]: Art. 66 in force at 12.11.2020, see art. 2(1)

[^key-309abe16bc3d4dd049b3f0c0d4db859b]: Art. 67 in force at 12.11.2020, see art. 2(1)

[^key-b365d79fde930cab4239b4a7a185f768]: Art. 68 in force at 12.11.2020, see art. 2(1)

[^key-6632daf97eb38a15a37a3dbf5d845015]: Art. 69 in force at 12.11.2020, see art. 2(1)

[^key-06a67a4edd4c4a7b8ce28f4986a65147]: Art. 70 in force at 12.11.2020, see art. 2(1)

[^key-0bebe6da37cfd7819de46b222ed7372f]: Art. 71 in force at 12.11.2020, see art. 2(1)

[^key-6563baa6cc8aaceff8d9627a1dbda81a]: Art. 72 in force at 12.11.2020, see art. 2(1)

[^key-a6dfeb9f4dd5c4c8a008dc07b196cd37]: Art. 73 in force at 12.11.2020, see art. 2(1)

[^key-1fd598f9b26ba80e2c482b864492c56f]: Art. 74 in force at 12.11.2020, see art. 2(1)

[^key-f6a621ca4fbd2c8ba66b6555fc16e64f]: Art. 75 in force at 12.11.2020, see art. 2(1)

[^key-21b129f759fa61f58878ebea8f0a19b9]: Art. 76 in force at 12.11.2020, see art. 2(1)

[^key-3a95801aa7d4337b2f07ba17f6be4374]: Art. 77 in force at 12.11.2020, see art. 2(1)

[^key-14a87ecc01bc8fd78264ef7d7992e3db]: Sch. 1 para. 1 in force at 12.11.2020, see art. 2(1)

[^key-71024884cd6d4c1a1c17c92c2b8f9118]: Sch. 1 para. 2 in force at 12.11.2020, see art. 2(1)

[^key-626100640176364861c68b4a62e1b613]: Sch. 2 para. 1 in force at 12.11.2020, see art. 2(1)

[^key-d42f05649ae92e7da00b6b665f8b9e72]: Sch. 2 para. 2 in force at 12.11.2020, see art. 2(1)

[^key-8c1620a5dffdc42fd0947f33c8537312]: Sch. 2 para. 3 in force at 12.11.2020, see art. 2(1)

[^key-b7ee65441d29c22052f623c7d119773e]: Sch. 3 para. 1 in force at 12.11.2020, see art. 2(1)

[^key-101f5abeb65d510383b0fdfc8405dd56]: Sch. 3 para. 2 in force at 12.11.2020, see art. 2(1)

[^key-1d9c7067559c9a6e6df50189ece88e8e]: Sch. 3 para. 3 in force at 12.11.2020, see art. 2(1)

[^key-30ed5eb698da79432117f2861c8f8dab]: Sch. 3 para. 4 in force at 12.11.2020, see art. 2(1)

[^key-6163b6c013983a2a24fe0ab21f2d7eaf]: Sch. 4 para. 1 in force at 12.11.2020, see art. 2(1)

[^key-0095a9896ec02f697d8595b833e2dd18]: Sch. 4 para. 2 in force at 12.11.2020, see art. 2(1)

[^key-67a8a8f1ad635aa2902a32d8998313f7]: Sch. 4 para. 3 in force at 12.11.2020, see art. 2(1)

[^key-f87b31ec88465b348c7938417444a0e8]: Sch. 4 para. 4 in force at 12.11.2020, see art. 2(1)

[^key-b72274d48e4e703ed0ffa3ab4d6b1661]: Sch. 4 para. 5 in force at 12.11.2020, see art. 2(1)

[^key-c0d40e05953227fd062e4671eb7af922]: Sch. 4 para. 6 in force at 12.11.2020, see art. 2(1)

[^key-fd2bdf0e2177fe51bf50d5107b846c82]: Sch. 4 para. 7 in force at 12.11.2020, see art. 2(1)

[^key-3516189ae481d551d1bc5be9baebf727]: Sch. 4 para. 9 in force at 12.11.2020, see art. 2(1)

[^key-c2413b4c67365c33b4f76dc4470d3b5b]: Sch. 4 para. 10 in force at 12.11.2020, see art. 2(1)

[^key-465f021cbe06bedc958a40866fefccbc]: Sch. 4 para. 11 in force at 12.11.2020, see art. 2(1)

[^key-b7223fb07f2c6f3a360c818c0521e6e4]: Sch. 4 para. 12 in force at 12.11.2020, see art. 2(1)

[^key-5e145782c08cdd83c0e5dd21c21708bf]: Sch. 4 para. 13 in force at 12.11.2020, see art. 2(1)

[^key-8660fdcc158d251e66f51990fd709d77]: Sch. 4 para. 14 in force at 12.11.2020, see art. 2(1)

[^key-950734e297c2b310dff5a4c7af053bc7]: Sch. 4 para. 15 in force at 12.11.2020, see art. 2(1)

[^key-7ed8a6fd5d76739ef6598bdd6a567e99]: Sch. 4 para. 16 in force at 12.11.2020, see art. 2(1)

[^key-db4cf11fe2970ae0d07cd9511e419af3]: Sch. 4 para. 17 in force at 12.11.2020, see art. 2(1)