The Greenhouse Gas Emissions Trading Scheme Order 2020

Changes to legislation:

The Greenhouse Gas Emissions Trading Scheme Order 2020, Paragraph 4 is up to date with all changes known to be in force on or before 15 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 6 Paragraph 4:

Sch. 5A para. 34(5) inserted by S.I. 2025/124 art. 29(2)(c)
Sch. 5A para. 34(1)-(1B) substituted for Sch. 5A para. 34(1) by S.I. 2025/124 art. 29(2)(a)
Sch. 6 para. 4(6) words inserted by S.I. 2025/100 art. 8(2)(b)(i)
Sch. 7 para. 19A(6) inserted by S.I. 2025/124 art. 31(6)
Sch. 7 para. 23B inserted by S.I. 2025/124 art. 31(9)
Sch. 7 para. 19G(1)(a)(i) words substituted by S.I. 2025/124 art. 31(7)(a)
Sch. 7 para. 19G(1)(a)(ii) words substituted by S.I. 2025/124 art. 31(7)(b)
Sch. 8 para. 7A inserted by S.I. 2025/124 art. 32(6)
Sch. 8 para. 3(4)(4A) substituted for Sch. 8 para. 3(4) by S.I. 2025/124 art. 32(4)
art. 4A(5)(h) inserted by S.I. 2025/124 art. 13(5)(f)
art. 23A(2)(b)(i)(aa) words omitted by S.I. 2025/124 art. 17(2)(a)
art. 34B(8) inserted by S.I. 2025/124 art. 21(4)
art. 34C(1)(k) inserted by S.I. 2025/124 art. 22(2)
art. 34D(2A) inserted by S.I. 2025/124 art. 23(2)
art. 34AA inserted by S.I. 2025/124 art. 20
art. 75B(3)(b)(iii)(cc)(dd) inserted by S.I. 2025/124 art. 26(2)
art. 75B(3A)(3B) inserted by S.I. 2025/124 art. 26(3)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 5A para. 34(5) inserted by S.I. 2025/124 art. 29(2)(c)
Sch. 5A para. 34(1)-(1B) substituted for Sch. 5A para. 34(1) by S.I. 2025/124 art. 29(2)(a)
Sch. 7 para. 19A(6) inserted by S.I. 2025/124 art. 31(6)
Sch. 7 para. 23B inserted by S.I. 2025/124 art. 31(9)
Sch. 7 para. 19G(1)(a)(i) words substituted by S.I. 2025/124 art. 31(7)(a)
Sch. 7 para. 19G(1)(a)(ii) words substituted by S.I. 2025/124 art. 31(7)(b)
Sch. 8 para. 7A inserted by S.I. 2025/124 art. 32(6)
Sch. 8 para. 3(4)(4A) substituted for Sch. 8 para. 3(4) by S.I. 2025/124 art. 32(4)
art. 4A(5)(h) inserted by S.I. 2025/124 art. 13(5)(f)
art. 23A(2)(b)(i)(aa) words omitted by S.I. 2025/124 art. 17(2)(a)
art. 34B(8) inserted by S.I. 2025/124 art. 21(4)
art. 34C(1)(k) inserted by S.I. 2025/124 art. 22(2)
art. 34D(2A) inserted by S.I. 2025/124 art. 23(2)
art. 34AA inserted by S.I. 2025/124 art. 20
art. 75B(3)(b)(iii)(cc)(dd) inserted by S.I. 2025/124 art. 26(2)
art. 75B(3A)(3B) inserted by S.I. 2025/124 art. 26(3)

Greenhouse gas emissions permits: content of permitU.K.

This adran has no associated Memorandwm Esboniadol

4.—(1) A greenhouse gas emissions permit must contain—

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

(b)the postal address and national grid reference of the installation (or, in the case of an installation in UK coastal waters or the UK sector of the continental shelf, equivalent information identifying the installation and its location);

(c)a description of the installation, the regulated activities to be carried out at the installation and the specified emissions from those activities;

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

(e)the date on which the permit comes into force;

(f)the monitoring plan—

(i)where an application is made for the permit, approved in relation to the installation under F1...the Monitoring and Reporting Regulation 2018;

(ii)where an existing permit is converted into a greenhouse gas emissions permit, approved in relation to the installation under F1...the Monitoring and Reporting Regulation 2012 or F1... the Monitoring and Reporting Regulation 2018 for the purpose of monitoring specified emissions at the installation immediately before the greenhouse gas emissions permit comes into force;

(g)the monitoring and reporting conditions (see sub-paragraph (2));

(h)the surrender condition (see [F2sub-paragraph (3)]);

[F3(ha)the free allocation conditions (see sub-paragraph (6));

(hb)where a monitoring methodology plan has been approved in relation to the installation under Article 8 of the Free Allocation Regulation, the monitoring methodology plan;]

[F4(hc)the cessation condition (see sub-paragraph (8));]

(i)any conditions that the regulator considers necessary to ensure that the operator notifies the regulator of any planned or effective changes to the capacity, activity level or operation of the installation, on or before 31st December in the year in which the change is planned or occurs;

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

(2) The monitoring and reporting conditions are—

(a)a condition requiring the operator to monitor the installation's reportable emissions in accordance with—

(i)the Monitoring and Reporting Regulation 2018; and

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

(b)a condition requiring the operator to prepare in accordance with the Monitoring and Reporting Regulation 2018 a report of the installation's reportable emissions in each scheme year that is verified [F5as satisfactory] in accordance with the Verification Regulation 2018 and to submit the report [F6(and the verification report)] to the regulator on or before 31st March in the following year;

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any further conditions that the regulator considers necessary to give proper effect to the Monitoring and Reporting Regulation 2018 or the Verification Regulation 2018.

(3) The surrender condition is a condition requiring the operator to surrender allowances equal to the installation's reportable emissions in a scheme year on or before 30th April in the following year.

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(6) The free allocation conditions are the following conditions, which must be expressed to apply while the installation is an FA installation—

(a)a condition requiring the operator to monitor the activity level of the installation in accordance with—

(i)the Free Allocation Regulation; and

(ii)the monitoring methodology plan approved under Article 8 of the Free Allocation Regulation (including the written documentation of the procedures referred to in Article 8(3) of that Regulation);

[F11(b)a condition requiring the operator, in accordance with the Activity Level Changes Regulation, to prepare an activity level report that is verified as satisfactory in accordance with the Verification Regulation 2018 and to submit the report (and the verification report) to the regulator—

(i)on or before 31st March in each scheme year; or

(ii)in the case of an installation in relation to which the Activity Level Changes Regulation has effect with the modifications referred to in paragraph 5 of Schedule 8A—

(aa)on or before 31st March in the first eligible scheme year (within the meaning of that Schedule) or, if later, within 3 months after the date on which the final annual number of allowances to be allocated in respect of the installation is approved under paragraph 4(6) of that Schedule;

(bb)on or before 31st March in each subsequent scheme year;]

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any further conditions that the regulator considers necessary to give proper effect to the Free Allocation Regulation or the Activity Level Changes Regulation.

(7) Where, after the date of issue of, or conversion of a permit into, a greenhouse gas emissions permit, a monitoring methodology plan is approved in relation to an installation under Article 8 of the Free Allocation Regulation, the regulator must vary the permit under paragraph 6 so that it contains the monitoring methodology plan.]

[F13(8) The cessation condition is a condition requiring the operator, where all regulated activities authorised by the permit have ceased to be carried out at the installation in a scheme year, to notify the regulator of the following on or before the cessation condition notification date—

(a)the date of the cessation;

(b)whether or not the operator intends for one or more of the regulated activities authorised by the permit to resume at the installation;

(c)where the operator does intend for one or more of the regulated activities authorised by the permit to resume at the installation, each of the following—

(i)the date by which the operator expects those regulated activities to resume;

(ii)whether either—

(aa)the installation is technically capable of resuming those regulated activities without physical changes being made; or

(bb)the operator intends for the technical capability required for those regulated activities to resume to be restored at the installation.

(9) But the cessation condition does not apply where either of the following conditions is met—

(a)the operator has applied to surrender the permit under paragraph 11;

(b)all regulated activities authorised by the permit have resumed prior to the cessation condition notification date.

(10) For the purposes of this paragraph, the “cessation condition notification date” is the later of —

(a)the last day of the period of 1 month beginning with the day on which all regulated activities authorised by the permit ceased to be carried out at the installation; and

(b)the 31st December in the scheme year within which the cessation occurs.]

Textual Amendments

F1Words in Sch. 6 para. 4(1)(f) omitted (7.2.2022) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 24(3)(a)

F2Words in Sch. 6 para. 4(1)(h) substituted (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(2)(a)

F3Sch. 6 para. 4(1)(ha)(hb) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(2)(a)

F4Sch. 6 para. 4(1)(hc) inserted (6.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 8(2)(a)

F5Words in Sch. 6 para. 4(2)(b) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(2)(b)(i)

F6Words in Sch. 6 para. 4(2)(b) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(2)(b)(ii)

F7Sch. 6 para. 4(2)(c) omitted (1.1.2023) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(2)

F8Sch. 6 para. 4(4) omitted (1.1.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(2)(b)

F9Sch. 6 para. 4(5) omitted (1.1.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(2)(b)

F10Sch. 6 para. 4(6)(7) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(2)(c)