The CRC Energy Efficiency Scheme Order 2013

Joining of a participant or participant equivalent with a non-participant

10.—(1) Sub-paragraphs (2) to (8) apply where the following change occurs—

(a) a participant or participant equivalent (“C”) becomes a member of a group (“D”); and

(b) D is not a participant.

(2) In respect of the change, where C is a participant—

(a) C must notify the administrator of the change and when it occurred; or

(b) D must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(3) In respect of the change, where C is a participant equivalent—

(a) C must—

(i) apply for registration as a participant in accordance with article 11; and

(ii) notify the administrator of the change and when it occurred; or

(b) D must—

(i) apply for registration as a participant in accordance with article 11; and

(ii) notify the administrator of the change and when it occurred.

(4) Where—

(a) D applies for registration under sub-paragraph (2)(b) or (3)(b); and

(b) C is a participant,

C’s registration is cancelled.

(5) Where—

(a) D does not apply for registration under sub-paragraph (2)(b) or (3)(b); and

(b) C is a participant,

C’s registration is not cancelled.

(6) Where—

(a) the change occurs in an annual reporting year; and

(b) D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and as if C were a member of D for the whole of that year.

(7) Where—

(a) the change occurs in an annual reporting year; and

(b) D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C for the whole of that year.

(8) Where a non participant equivalent member of C is a participant, that member—

(a) continues as a participant; or

(b) must—

(i) notify the administrator of the change and when it occurred; and

(ii) in the notification, inform the administrator whether or not its registration is to be cancelled.

(9) Sub-paragraphs (10) to (12) apply where the following change occurs—

(a) a participant equivalent (“C”) is a member of a participant (“A”);

(b) C becomes a member of a group (“D”); and

(c) D is not a participant.

(10) In respect of the change—

(a) A and D must notify the administrator of the change and when it occurred and D must apply for registration as a participant in accordance with article 11; or

(b) C must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(11) Where—

(a) the change occurs in an annual reporting year; and

(b) D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiary undertakings that become a member of D and as if C were a member of D, for the whole of that year.

(12) Where—

(a) the change occurs in an annual reporting year; and

(b) D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiaries that become a member of D, for the whole of that year.