The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021

Schedule 5A amended (registry)

23.—(1) Schedule 5A is amended as follows.

Paragraph 6A inserted

(2) After paragraph 6 insert—

“Reportable emissions and aviation emissions to be recorded in registry

6A.— (1) The regulator and the registry administrator must exercise their functions to ensure that the following provisions of this paragraph are complied with.

(2) Where the operator of an installation submits a report of the installation’s reportable emissions to the regulator in accordance with a condition of a greenhouse gas emissions permit included under paragraph 4(2)(b) of Schedule 6, the reportable emissions stated in the report must be recorded in the operator holding account for the installation on or before 30th April in the year in which the report is submitted.

(3)  Where an aircraft operator submits a report of the aircraft operator’s aviation emissions to the regulator in accordance with article 33, the aviation emissions stated in the report must be recorded in the aircraft operator’s aircraft operator holding account on or before 30th April in the year in which the report is submitted.

(4) Where the regulator makes a determination of emissions under article 45 of—

(a) an installation for any period for which a greenhouse gas emissions permit for the installation is in force; or

(b) an aircraft operator,

the reportable emissions or aviation emissions so determined must be recorded in the operator holding account for the installation or, as the case may be, the aircraft operator’s aircraft operator holding account within 1 month after the date on which notice of the determination is given under paragraph (5) of that article.”.

Paragraph 8A inserted

(3) After paragraph 8 insert—

“Exemption from liability

8A.— (1) Each of the following is exempt from liability in damages for anything done or omitted in the exercise or purported exercise of functions conferred or imposed on the UK ETS authority or the registry administrator under this Schedule—

(a) a national authority(1);

(b) a person referred to in article 9(1) (meaning of regulator).

(2) Sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith; or

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998(2).”.

Paragraph 22 amended (transfer reversals)

(4) After paragraph 22(5) insert—

“(6) The registry administrator may reverse the transfer of an allowance from the allocation account if the transfer was made in error.”.

Paragraph 25 amended (suspension of accounts)

(5) In paragraph 25—

(a) after sub-paragraph (1)(c) insert—

“(d) at the request of the account holder.”;

(b) in sub-paragraph (3) after “suspends an account” insert “under sub-paragraph (1)(a), (b) or (c)”.

(1)

Section 95(1) of the Climate Change Act 2008 defines “national authority”.

(2)

1998 c. 42.