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PART 3U.K.Administration

AdministrationU.K.

7.—(1) The Administrator must administer the GHG reporting requirement [F1, matters in relation to any GHG reduction obligation of a supplier and GHG credits] in accordance with these Regulations.

(2) The Secretary of State is appointed as the Administrator.

Textual Amendments

Commencement Information

I1Reg. 7 in force at 1.1.2013, see reg. 1

Establishment of accountsU.K.

8.—(1) The Administrator must establish and maintain an account, in which the [F2GHGi] of energy supplied are to be recorded, for each person who—

(a)is, or is likely to become, subject to the GHG reporting requirement [F3or a GHG reduction obligation];

(b)applies for an account; and

(c)satisfies the Administrator that the person is, or is likely to become, a supplier of energy products for relevant use.

[F4(1A) The Administrator may establish and maintain an account for any person not falling within paragraph (1) who intends to apply for, or trade or invest in, GHG credits.]

(2) The Administrator may record such other matters as the Administrator thinks fit in any account established under paragraph (1) [F5or (1A)].

(3) A person must apply for an account under paragraph (1) not later than the end of the period of 28 days beginning on the date on which the person becomes a regulated supplier.

[F6(3A) The Administrator may not establish an account for any person under this regulation unless the Administrator is satisfied that the person has consented to allowing the Administrator such access to premises (other than a dwelling), computers, records or documents as the Administrator may from time to time require in order to verify information given by the person.]

(4) The Administrator must, so far as reasonably practicable, identify all regulated suppliers.

(5) A supplier or other person who applies for an account under this regulation must provide such information or produce such evidence (or both) to the Administrator as the latter may reasonably request F7....

(6) A supplier or other person who applies for an account under this regulation must ensure that the information provided or evidence produced is accurate to the best of the supplier’s or other person’s knowledge and belief.

(7) The Administrator may reject any application under this regulation if the Administrator reasonably believes that the information or evidence provided to the Administrator under this regulation is inaccurate or incomplete.

(8) An “account holder” is a supplier or other person for whom the Administrator establishes an account pursuant to this regulation.

Textual Amendments

Commencement Information

I2Reg. 8 in force at 1.1.2013, see reg. 1

Power of the Administrator to require further information or evidenceU.K.

9.—(1) Where the Administrator has reason to believe that an account holder for whom an account has been established pursuant to regulation [F88(1)] is not subject, and is not likely to become subject, to the GHG reporting requirement [F9or a GHG reduction obligation], the Administrator may require the account holder to provide such [F10evidence or information to the Administrator as may be necessary to satisfy the Administrator as to whether the account holder is subject, or is likely to become subject, to the GHG reporting requirement or a GHG reduction obligation.]

[F11(1A) Where the Administrator has reason to believe that an account holder for whom an account has been established under regulation 8(1A) is holding that account for a purpose other than trading or investing in GHG credits, the Administrator may require the account holder to provide such evidence or information to the Administrator as may be necessary to satisfy the Administrator as to whether the account holder holds the account for the purpose of trading or investing in GHG credits.]

(2) An account holder must—

(a)provide the information or produce the evidence required under this regulation; and

(b)ensure that the information provided or evidence produced is accurate to the best of the account holder’s knowledge and belief.

Textual Amendments

Commencement Information

I3Reg. 9 in force at 1.1.2013, see reg. 1

Closure of accountsU.K.

10.—[F12(1)] Where the Administrator is satisfied that an account holder for whom an account has been established pursuant to regulation [F138(1)] is not subject, and is not likely to become subject, to the GHG reporting requirement, the Administrator may close that account.

[F14(2) The Administrator must close an account established under regulation 8(1) if the Administrator considers that the account holder no longer has good reason to hold the account.

(3) The Administrator may close an account established under regulation 8(1A) if—

(a)all GHG credits standing to the credit of the account have been revoked or may no longer be produced as evidence of emissions savings and the Administrator—

(i)is no longer satisfied that the account holder is holding the account for the purpose of applying for, or trading or investing in, GHG credits; or

(ii)is satisfied that the account holder has failed to comply with regulation 8(5), (6) or 9(1A); or

(b)in the immediately preceding period of 36 months—

(i)no GHG credit has been issued to the account holder; or

(ii)no GHG credit has been credited to the account of the account holder.]

Textual Amendments

Commencement Information

I4Reg. 10 in force at 1.1.2013, see reg. 1

Managing accountsU.K.

11.  Subject to the provisions of these Regulations, the Administrator may manage accounts, including amending details of accounts, and consolidating the accounts of account holders, as the Administrator thinks fit.

Commencement Information

I5Reg. 11 in force at 1.1.2013, see reg. 1

Processing of information and evidenceU.K.

12.—(1) The Administrator must—

(a)record and retain information submitted for the purpose of—

(i)establishing that a supplier is, or reasonably expects to be, subject to the GHG reporting requirement [F15or a GHG reduction obligation]; or

(ii)calculating the greenhouse gas emissions referable to the energy products supplied by each account holder; and

(b)correct any error which is discovered in information stored by the Administrator in relation to an account.

(2) The period for which the Administrator must retain any information pursuant to paragraph (1) is such period as the Administrator considers is reasonable, but it must not be a period of less than ten years beginning with the date of receipt of the information.

(3) The Administrator may record and retain, for purposes connected with the carrying out of the Administrator’s functions, such other information as the Administrator thinks fit.

Textual Amendments

Commencement Information

I6Reg. 12 in force at 1.1.2013, see reg. 1

[F16Duty to require information from regulated suppliers and applicants for GHG creditsU.K.

13.—(1) This regulation applies to—

(a)regulated suppliers, for the purposes of the GHG reporting requirement;

(b)a supplier applying for GHG credits.

(2) Upon request by the Administrator, a supplier to which this regulation applies must provide to the Administrator such of the evidence or information in the Schedule as the Administrator specifies.

(3) When requiring a supplier to provide evidence or information under paragraph (2), the Administrator must impose requirements as to—

(a)the form in which the evidence or information is to be provided;

(b)the methodology to be used in calculating and providing the evidence or information; and

(c)the period within which the evidence or information must be provided.

(4) The Administrator may require a supplier to—

(a)provide such evidence as the Administrator may determine is necessary in order to substantiate information which the supplier is to provide or has provided to the Administrator under this regulation;

(b)provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator’s functions.

(5) In exercising the power under paragraph (4) the Administrator may impose requirements as to—

(a)the form in which the evidence or information must be provided;

(b)the methodology to be used in calculating, compiling and providing the evidence or information; and

(c)the period within which the evidence or information must be provided.

(6) Where the Administrator imposes a requirement under this regulation on a supplier to provide evidence or information, the supplier must—

(a)provide that evidence or information; and

(b)ensure that it is—

(i)accurate; and

(ii)provided in such form, and using such methodology, and within such period, as the Administrator requires.

(7) Nothing in this regulation obliges the Administrator to impose a requirement on a regulated supplier to provide evidence or information to confirm matters previously reported by the same supplier to the Administrator under the RTFO Order.

(8) The power of the Administrator to require a supplier to provide evidence under paragraph (4)(a) includes the power to require the supplier to produce a verifier’s assurance report in relation to any of the following (where the supplier has applied for a GHG credit in relation to any of the following)—

(a)electricity supplied for use in electric road vehicles;

(b)gaseous renewable transport fuel which is to be used only in non-road transports;

(c)RFNBO, in respect of which no RTF certificate has been issued under the RTFO Order;

(d)renewable hydrogen or hydrogen from fossil fuel sources;

(e)renewable transport fuel for use in aviation;

(f)a UER.]

Textual Amendments

Power to require information from non-regulated suppliersU.K.

14.—[F17(A1) This regulation applies to non-regulated suppliers to which regulation 13 does not apply.]

(1) The Administrator may impose a requirement on a non-regulated supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator’s functions.

(2) Without prejudice to the generality of paragraph (1), the Administrator may require a non-regulated supplier to provide the Administrator with the information, in relation to that supplier, which is referred to in [F18paragraph (2) of regulation 13], and references in that paragraph to the “reporting period” are to be treated as references to such period during a reporting period as the Administrator notifies to the supplier for the purposes of this paragraph.

(3) The Administrator may require a non-regulated supplier to produce such evidence as the Administrator may determine is necessary in order to substantiate information which the supplier has provided to the Administrator under this regulation.

(4) The Administrator may impose requirements as to—

(a)the form in which the information or evidence must be provided;

(b)the methodology to be used in calculating and providing the information or evidence; and

(c)the period within which it must be provided.

(5) Where the Administrator imposes a requirement under this regulation on a non-regulated supplier to provide information or evidence, the supplier must provide that information or evidence and ensure that it is—

(a)accurate to the best of the supplier’s knowledge and belief; and

(b)provided in such form, using such methodology, within such period and in relation to such period as the Administrator requires.

Textual Amendments

Commencement Information

I7Reg. 14 in force at 1.1.2013, see reg. 1

Mass balance systemU.K.

15.—(1) When providing information or evidence to the Administrator relating to the compliance of renewable transport fuel with the sustainability criteria and relating to the additional sustainability information, a supplier must use a mass balance system in accordance with this regulation.

(2) In using a mass balance system, and notwithstanding regulations [F1913(6)(b)(i)] and 14(5)(a), a supplier may report that the relevant feedstock or fuel has sustainability characteristics other than its actual sustainability characteristics if the condition in paragraph (3) is met.

(3) That condition is that none of the relevant feedstock or fuel which is subject to that mass balance system is reported to have sustainability characteristics other than those attributed to it by that system.

(4) In this regulation, “report” means to produce information or evidence in accordance with regulations [F2013(6)] and 14(5), and “reported” is to be construed accordingly.

(5) A mass balance system is a system which—

(a)allows amounts of relevant feedstock or fuel with different sustainability characteristics to be mixed (“the mixture”);

(b)provides for the sustainability characteristics of amounts added to the mixture to be attributed to other amounts withdrawn from the mixture; and

(c)requires the sustainability characteristics attributed to the sum of the amounts withdrawn from the mixture to be the same, and in the same quantities, as the sustainability characteristics attributed to the sum of the amounts added to the mixture.

(6) For the purposes of paragraphs (2) to (5), the sustainability characteristics of relevant feedstock or fuel include—

(a)its type;

(b)its place of origin; and

(c)any other matter relevant to its compliance with the sustainability criteria.

Textual Amendments

Commencement Information

I8Reg. 15 in force at 1.1.2013, see reg. 1

[F21Data allocation system: information on the origin and place of purchase of an energy product received from multiple sourcesU.K.

15A.—(1) This regulation applies where a supplier is providing information to the Administrator for the purposes of regulation 13(2) in relation to an energy product (“relevant energy product”) or crude oil (“relevant crude”) which—

(a)has been received by a supplier from multiple sources; and

(b)has become a mixture of energy products or relevant crudes of different origins or places of purchase.

(2) The supplier may use a data allocation system in accordance with this regulation instead of providing information on the origin or place of purchase of the relevant energy product or the relevant crude in the terms required by regulation 13(2).

(3) If the condition in paragraph (4) is met, the supplier may report to the Administrator the ratios of the relevant energy product or the relevant crude used by the refinery (or the refineries) from which the supplier received the material which is subject to the data allocation system.

(4) The condition is that the origin and the place of purchase of the relevant energy product or the relevant crude which is subject to the data allocation system are identical to the origin and the place of purchase attributed to it by that system.

(5) A data allocation system is a system which—

(a)allows amounts of energy products or crude oil of different origins or places of purchase to be mixed (“the mixture”);

(b)provides for the origins or the places of purchase of amounts added to the mixture to be attributed to other amounts withdrawn from the mixture; and

(c)requires the origins or the places of purchase attributed to the sum of the amounts withdrawn from the mixture to be the same, and in the same proportions, as the origins or the places of purchase attributed to the sum of the amounts added to the mixture.

(6) In this regulation, “origin” and “place of purchase” have the meanings given in paragraph 11 of the Schedule.]

Textual Amendments

Other powers and duties conferred and imposed on the AdministratorU.K.

16.—(1) In addition to the duties imposed upon the Administrator elsewhere in these Regulations, the Administrator has the following duties—

(a)to publicise the GHG reporting requirement [F22and GHG reduction obligations] so as to ensure, so far as reasonably practicable, that it is brought to the attention of suppliers who are or may be subject to that requirement [F23or such an obligation];

(b)to verify, so far as reasonably practicable, the information provided pursuant to regulation [F2413(2)] by each account holder;

(c)to ensure, so far as reasonably practicable, that there is no regulated supplier who, though subject to the GHG reporting requirement, is failing to report the information and evidence required by regulation 4(2).

[F25(d)where a GHG credit is transferred between account holders, to record that fact in the relevant accounts;

(e)to ensure, so far as reasonably practicable, that there is no regulated supplier which, having failed to produce the evidence required to discharge fully the GHG reduction obligation for a reporting period, is failing to pay the sum due under regulation 16F.]

(2) In so far as it is not reasonably practicable for the Administrator under paragraph (1)(b) to verify the information provided by a regulated supplier as to the amount of each type of energy product supplied, the Administrator may require that supplier to submit a verifier’s report, meeting the requirements of regulation 6(4) modified in accordance with paragraph (3), in respect of that information.

[F26(3) For the purposes of paragraph (2), regulation 6(4) is to have effect as if, for regulation 6(4)(c), there were substituted—

“(c)consider whether the relevant systems used—

(i)to collate and report information relating to the amount of each type of energy product supplied;

(ii)in the case of crude oil, to report its origin, and the reasonable steps taken to ascertain its origin;

(iii)in the case of refined fuel (including refined biofuel), to report its place of purchase, and the reasonable steps taken to ascertain its place of purchase,

are likely to produce data which is reasonably accurate and reliable and whether there are controls in place to help protect against material misstatements due to fraud or error, and for these purposes “origin” and “place of purchase” have the meanings given in paragraph 11 of the Schedule.”.]

(4) Where the Administrator imposes a requirement on a regulated supplier to submit a verifier’s report under paragraph (2), that report must be submitted to the Administrator by such date as the Administrator notifies to the supplier for the purposes of this paragraph.

(5) In addition to the powers conferred upon the Administrator elsewhere in these Regulations, the Administrator may—

(a)take reasonable steps to promote good working relationships with suppliers of energy products for relevant use and others having an interest in the implementation of these Regulations; and

(b)publish such guidance as the Administrator thinks fit for purposes connected with the implementation of provision made by or under these Regulations.

Textual Amendments

Commencement Information

I9Reg. 16 in force at 1.1.2013, see reg. 1