The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Changes over time for: Section 44

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The Greenhouse Gas Emissions Trading Scheme Regulations 2012, Section 44 is up to date with all changes known to be in force on or before 28 January 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.

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Changes and effects yet to be applied to Regulation 44:

Regulations modified by 2019 c. 1 s. 79(5)

[F1Power to determine reportable emissionsU.K.

This section has no associated Explanatory Memorandum

44.—(1) A power of the regulator to make a conservative estimate of emissions in accordance with Article 70 of the Monitoring and Reporting Regulation [F22018] (a “determination of emissions”) may also be exercised where—

(a)an operator fails to comply with the requirement to submit—

(i)a surrender report in accordance with paragraph 4(1)(a) and (b) of Schedule 4; or

(ii)a revocation report in accordance with paragraph 5(1)(a) and (b) of Schedule 4;

(b)an operator has failed to satisfy the regulator as required pursuant to paragraph 2(3)(c) of Schedule 4 or paragraph 3(8)(c) of Schedule 5; [F3or]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the regulator considers that such a determination is necessary for the purpose of imposing, or considering whether to impose, a penalty under Part 7.

(2) In the case referred to in paragraph (1)(b), in making the determination the regulator may substitute an emissions factor of greater than zero for the factor reported in respect of the bioliquids concerned.

(3) The regulator may make a determination of emissions where—

(a)the operator has failed to submit a report as required pursuant to paragraph 3(8)(b) of Schedule 5; or

(b)the regulator has reason to believe that the report submitted is incorrect.

(4) A determination of emissions—

(a)must be notified to the operator F5... concerned; and

(b)[F6except where paragraph (5B) applies to that determination,] is to be treated as determining all of the reportable emissions from the installation F7... for the period to which the determination relates.

(5) A notice under paragraph (4) [F8or under paragraph (5C)(a)]—

(a)except where it relates to an [F9Article 27] installation, must be served on the registry administrator (and is in that case to be regarded as an instruction to the registry administrator for the purposes of [F10Article 31(6) of the Registries Regulation 2019]); and

(b)must, where required by Article 70(2) of the Monitoring and Reporting Regulation [F112018], specify the corrections that are required to the verified report mentioned F12... in paragraph 2(3)(b) of Schedule 4.

[F13(5A) Paragraph (5B) applies where –

(a)a determination of emissions has been notified to the operator F14... under paragraph (4); and

(b)the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination.

(5B) The regulator must withdraw the determination and make a further determination of emissions (the “rectified determination”).

(5C) A rectified determination—

(a)must be notified to the operator F15... concerned; and

(b)is to be treated as determining all of the reportable emissions from the installation F16... for the period to which the determination relates.

(5D) Where—

(a)any rectified determination is notified to the operator F17... concerned; and

(b)the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination,

the regulator must withdraw the rectified determination and make one or more further rectified determinations.]

(6) A regulator who makes a determination of emissions under the Monitoring and Reporting Regulation [F182018], or by virtue of this regulation, may recover the cost of doing so from the operator F19... concerned.]

Textual Amendments

F1Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12

F2Word in reg. 44(1) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 18(2)(a) (with reg. 31(2)) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))