There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Greenhouse Gas Emissions Trading Scheme Order 2020. Any changes that have already been made by the team appear in the content and are referenced with annotations.
5.—(1) The operator of an installation who wishes to apply for the installation to be a hospital or small emitter for the scheme years in the 2026-2030 allocation period must submit the following to the regulator—
(a)details of the installation, including details of any permit in force;
(b)evidence that the installation meets condition A, B or C (see paragraph 6);
(c)where the operator submits evidence that the installation meets condition A, the evidence and any estimate required by paragraph 6(3);
(d)where the operator submits evidence that the installation meets condition C, any estimate required by paragraph 6(6).
(2) An application—
(a)may not be made before 1st April [F12025];
(b)must be made on or before 30th June [F12025].
(3) After receiving an application, the regulator must on or before [F231st August 2025]—
(a)make a preliminary assessment of whether or not the installation meets condition A, B or C; and
(b)send the preliminary assessment and the reasons for it to the UK ETS authority.
(4) After receiving the preliminary assessment—
(a)the UK ETS authority must make a final assessment of whether or not the installation meets condition A, B or C; and
(b)if the UK ETS authority considers that the installation meets condition A, B or C, the UK ETS authority must include the installation in a list (the “hospital and small emitter list for 2026-2030”).
(5) The UK ETS authority must publish the hospital and small emitter list for 2026-2030 on or before [F317th October].
(6) Evidence of an installation's historic reportable emissions may not be taken into account for the purposes of assessing whether or not an installation meets condition B or C unless the evidence is—
(a)verified [F4as satisfactory] in accordance with the Verification Regulation 2018; or
(b)where relevant, set out in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii).
(7) An application may not be made under this paragraph and paragraph 3 of Schedule 8.
Textual Amendments
F1Word in Sch. 7 para. 5(2) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(2)(a)
F2Words in Sch. 7 para. 5(3) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(2)(b)
F3Words in Sch. 7 para. 5(5) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(2)(c)
F4Words in Sch. 7 para. 5(6)(a) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 39(2)
Commencement Information
I1Sch. 7 para. 5 in force at 12.11.2020, see art. 2(1)
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