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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 3
- CHAPTER 4
- Regulation 37
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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.
Changes and effects yet to be applied to Regulation 37:
- Regulations modified by 2019 c. 1 s. 79(5)
- Regulations modified by S.I. 2020/1369 reg. 45
- Regulations revoked in part by S.I. 2021/511 reg. 12
- reg. 16-40 omitted by S.I. 2020/1369 reg. 10(b)
- reg. 37(3A) omitted by S.I. 2019/107 reg. 23 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
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. 4 para. 3(2A) inserted by S.I. 2019/107 reg. 54(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 4(1A) inserted by S.I. 2019/107 reg. 54(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 5(1A) inserted by S.I. 2019/107 reg. 54(e)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A) inserted by S.I. 2019/107 reg. 55(d)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 7(A1) inserted by S.I. 2019/107 reg. 55(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A)(2B) inserted by S.I. 2019/1440 reg. 29(8)(d)
- Sch. 5 para. 7(8) inserted by S.I. 2019/1440 reg. 29(9)(e)
- Sch. 5 para. 8(6A) inserted by S.I. 2019/1440 reg. 29(10)(c)
- Sch. 5A inserted by S.I. 2019/1440 Sch.
- Sch. 5A para. 5(4) word omitted (cond.) by virtue of S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 5A para. 5(3) words substituted (cond.)by S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 6 para. 1A(1)(e) inserted by S.I. 2019/107 reg. 56(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 1A inserted by S.I. 2020/1369 reg. 3
- reg. 3(1A)-(1C) inserted by S.I. 2019/644 reg. 2(3)
- reg. 3(2)(ba) inserted by S.I. 2019/1440 reg. 3(3)(b)(ii)
- reg. 8(9)(10) omitted by S.I. 2020/1369 reg. 6(e)
- reg. 8(10) inserted by S.I. 2019/1440 reg. 4(5)
- reg. 9(1) reg. 9 renumbered as reg. 9(1) by S.I. 2019/1440 reg. 5(2)
- reg. 9(2) inserted by S.I. 2019/1440 reg. 5(3)
- reg. 10(3A) inserted by S.I. 2019/1440 reg. 6(3)
- reg. 12A inserted by S.I. 2020/1369 reg. 8
- reg. 13(1A) inserted by S.I. 2020/1369 reg. 9(a)
- reg. 14(1)(b)(i) words substituted in earlier amending provision S.I. 2019/1440, reg. 10 by S.I. 2020/1369 reg. 44(c)
- reg. 15(A1)-(C1) inserted by S.I. 2019/1440 reg. 11(3)
- reg. 15(C1) words substituted (temp.) by S.I. 2019/1440, reg. 11(3) (as amended) by S.I. 2020/18 reg. 12(2)
- reg. 15A inserted by S.I. 2019/1440 reg. 12
- reg. 22(1A) inserted by S.I. 2019/107 reg. 11(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 23(5) inserted by S.I. 2019/107 reg. 12 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 44(5A)-(5D) inserted by S.I. 2019/1440 reg. 18(5)
- reg. 44(5A) words omitted by S.I. 2020/1369 reg. 12(c)
- reg. 44(5C)(a) words omitted by S.I. 2020/1369 reg. 12(d)(i)
- reg. 44(5C)(b) words omitted by S.I. 2020/1369 reg. 12(d)(ii)
- reg. 44(5D)(a) words omitted by S.I. 2020/1369 reg. 12(e)
- reg. 45(6)(f) and word inserted by S.I. 2019/1440 reg. 19(c) (This amendment not applied to legislation.gov.uk. Regs. 19(c) omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(e))
- reg. 45(6)(ea) and word inserted by S.I. 2020/1369 reg. 13(d)
- reg. 52(2A) inserted by 2019 c. 1 s. 76(2)
- reg. 53A inserted by S.I. 2020/1369 reg. 19
- reg. 54(2A) inserted by S.I. 2019/1440 reg. 20(2)
- reg. 54(2A)(a)(b) omitted by S.I. 2020/1369 reg. 20(b)
- reg. 54(7)(ca) inserted by S.I. 2019/1440 reg. 20(6)(b)
- reg. 54(7)(ca)(i) words omitted by S.I. 2020/1369 reg. 20(c)(ii)(aa)
- reg. 54(7)(ca)(ii) omitted by S.I. 2020/1369 reg. 20(c)(ii)(bb)
- reg. 54(9)(10) inserted by S.I. 2019/1440 reg. 20(7)
- reg. 58ZA 58ZB inserted by S.I. 2019/1440 reg. 22
- reg. 58ZB(4) word substituted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(a)
- reg. 58ZB(4) words omitted in earlier amending provision S.I. 2019/1440, reg. 22 by S.I. 2020/1369 reg. 44(f)
- reg. 58ZB(5)(b) word omitted (cond.) by virtue of S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(ii)
- reg. 58ZB(5)(b) words inserted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(i)
- reg. 80(A1) inserted by S.I. 2019/107 reg. 48(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 84A inserted by S.I. 2019/1440 reg. 25
- reg. 84A omitted by S.I. 2020/1369 reg. 36
- reg. 87B(5)(ea) inserted by S.I. 2019/1440 reg. 26(3)(c)
- reg. 90 inserted by S.I. 2019/107 reg. 53 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
Variation of an emissions planU.K.
This section has no associated Explanatory Memorandum
37.—(1) The regulator may, by giving notice to a UK administered operator (“A”), make any variation of A's emissions plan that the regulator considers necessary in consequence of a report made by A under Article 69.
(2) The regulator may, by giving notice to A, vary A's emissions plan where—
(a)A applies to the regulator for an amendment to the emissions plan, pursuant to a condition of the plan; or
(b)A has failed to comply with a requirement in the emissions plan to apply for such an amendment.
(3) The regulator may, by giving notice to a UK administered operator, vary an emissions plan in order to comply with the regulator's duty under regulation 36(1) or 89(4).
[F1(3A) The regulator may, by giving notice to a UK administered operator, vary an emissions plan in order to take account of any amendments to the Directive which may be made from time to time.]
(4) A notice given under paragraph (1), (2)(b) or (3) may specify a period within which a fee for the variation of the emissions plan must be paid.
Textual Amendments
F1Reg. 37(3A) inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 11
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