The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020

This Statutory Instrument has been made in part in consequence of a defect in S.I. 2018/1342 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2020 No. 711

Exiting The European Union

Climate Change

Climate Change Levy

Energy

The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020

Made

8th July 2020

Laid before Parliament

9th July 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 41(1) of, and paragraph 12(b) of Schedule 4 to, the European Union (Withdrawal Agreement) Act 2020(1), makes the following Regulations.

Citation and commencement

1.—(1) These Regulations may be cited as the Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020.

(2) These Regulations come into force immediately before IP completion day.

Amendment of the Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018

2.—(1) The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018(2) are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), for “exit day” substitute “IP completion day”;

(b) in paragraph (2), in the inserted definition of “Annex 1 activities”, for “exit day” in both places it occurs substitute “IP completion day”.

Amendment of the CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

3.—(1) The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018(3) are amended as follows.

(2) In regulation 2(2)—

(a) in sub-paragraph (a), in the substituted paragraph 16(3A) of Schedule 1 to the CRC Energy Efficiency Scheme Order 2013(4), for “exit day” in each place it occurs substitute “IP completion day”;

(b) in sub-paragraph (b), in the substituted paragraph 28(1) of that Schedule, for “exit day” in each place it occurs substitute “IP completion day”;

(c) in sub-paragraph (c), for “exit day” substitute “IP completion day”.

Amendment of the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

4.—(1) The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018(5) are amended as follows.

(2) In regulation 3(3)—

(a) in sub-paragraph (b), in the inserted paragraph 1A of Schedule 1 to the Energy Savings Opportunity Scheme Regulations 2014(6), for “exit day” in each place it occurs substitute “IP completion day”;

(b) for sub-paragraph (c) substitute—

“(c) after paragraph 3 insert—

“3A.   Paragraph 3 does not apply in respect of a qualification date on or after IP completion day.”.”.

Kwasi Kwarteng

Minister of State for Business, Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

8th July 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 41(1) of, and paragraph 12(b) of Schedule 4 to, the European Union (Withdrawal Agreement) Act 2020 (c. 1) in order to replace references to “exit day” with references to “IP completion day”.

Regulation 2 amends the Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018 (S.I. 2018/1205).

Regulation 3 amends the CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336).

Regulation 4 amends the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342). The amendment in regulation 4(2)(b) is supplementary to the amendment in regulation 4(2)(a). It retains paragraph 3 of Schedule 1 to the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643) (which was omitted by S.I. 2018/1342) for the purpose of a conversion to euros for a qualification date before IP completion day.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2020 c. 1.

(2)

S.I. 2018/1205.

(3)

S.I. 2018/1336.

(4)

S.I. 2013/1119, amended by S.I. 2018/1336; there are other amending instruments but none is relevant.

(5)

S.I. 2018/1342.

(6)

S.I. 2014/1643, amended by S.I. 2018/1342; there are other amending instruments but none is relevant.