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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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Termination of an [F1Article 27] installation emissions permitU.K.
This section has no associated Explanatory Memorandum
8.—[F2(1) Where the regulator is satisfied that the annual reportable emissions from an Article 27 installation have exceeded the maximum amount, the regulator must, as soon as is reasonably practicable, give a notice to the operator.]
(2) A notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—
(a)the installation will not be treated as an [F1Article 27] installation; and
(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation [F3for the remainder of the allocation period during which the notice is given].
(3) This sub-paragraph applies where the regulator is satisfied that the operator of an [F1Article 27] installation has—
(a)committed a sufficiently serious breach of the conditions of the [F1Article 27] installation emissions permit, or
(b)failed to pay to the regulator the penalty imposed under regulation 56 within one month after the date specified in the penalty notice.
(4) Where sub-paragraph (3) applies the regulator may revoke the permit under regulation 14 or give a notice to the operator in accordance with sub-paragraph (5).
(5) The notice must state that, from the beginning of the scheme year following the year in which notice is given—
(a)the installation will not be treated as an [F1Article 27] installation; and
(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation [F4for the remainder of the allocation period during which the notice is given].
(6) Where notice is given under sub-paragraph (1) or (4), the regulator must vary the [F1Article 27] installation emissions permit, with effect from the 1st January in the scheme year following the year in which the notice was given (“the date of conversion”), so that the provisions of the permit that satisfy the requirements of paragraph 3 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.
[F5(6A) Where regulation 15(C1) applies, the regulator must vary the excluded installation emissions permit, with effect from 1st January 2026, so that the provisions of the permit that satisfy the requirements of paragraph 3 of this Schedule are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.]
(7) In varying a permit under sub-paragraph (6), the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation ceasing to be treated as an [F1Article 27] installation.
(8) A variation of a permit under sub-paragraph (6) does not affect any obligations of the operator under the permit in respect of emissions arising from activities prior to the date of conversion.
(9) Where—
(a)notice is given under sub-paragraph (1) or (4), and
(b)the operator holds a registry account with [F1Article 27] status in respect of the installation,
the regulator must give notice to the registry administrator, in accordance with the Registries Regulation [F62019], to change the status of the account to open from the year beginning with the date of conversion.
(10) Where sub-paragraph (3) applies and the permit is revoked, the regulator must give notice to the registry administrator in accordance with the Registries Regulation [F72019] to close the account.
Textual Amendments
F1Words in Sch. 5 para. 8 substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 29(10)(a) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F2Sch. 5 para. 8(1) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 40(f)(i) (with reg. 46)
F3Words in Sch. 5 para. 8(2)(b) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 29(10)(b) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F4Words in Sch. 5 para. 8(5)(b) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 29(10)(b) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F5Sch. 5 para. 8(6A) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 29(10)(c) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F6Word in Sch. 5 para. 8(9) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 40(f)(ii) (with reg. 46)
F7Word in Sch. 5 para. 8(10) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 40(f)(iii) (with reg. 46)
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