The CRC Energy Efficiency Scheme Order 2010

1. Introductory Text

2. PART 1 Introduction

   1. CHAPTER 1 General

      1. 1. Citation and commencement

      2. 2. The trading scheme: phases and application

      3. 3. Interpretation

      4. 4. Supplies and emissions

      5. 5. Registration and requirements of participants and others

      6. 6. Powers and duties of the administrator

      7. 7. Penalties, offences and appeals

      8. 8. Groups: liability to comply with this Order

   2. CHAPTER 2 The administrator and co-operation

      1. 9. The administrator

      2. 10. Co-operation and provision of information

3. PART 2 Registration as a participant

   1. CHAPTER 1 General

      1. 11. Applications, information and charges

      2. 12. Time for applications

      3. 13. Registration and certificates

   2. CHAPTER 2 Public bodies

      1. 14. Government departments and the devolved administrations

      2. 15. Other public bodies

      3. 16. Public bodies: applications by groups

      4. 17. Public bodies: applications other than by groups

      5. 18. Determinations by the administrator

   3. CHAPTER 3 Universities and colleges: England

      1. 19. Universities and colleges: England

      2. 20. Qualifying electricity

      3. 21. Universities and colleges: groups

      4. 22. Applications

   4. CHAPTER 4 Undertakings

      1. 23. Groups of undertakings

      2. 24. Undertakings: applications by groups

      3. 25. Undertakings: applications by significant group undertakings

      4. 26. Undertakings: applications other than by groups

      5. 27. Changes to undertakings and groups

      6. 28. Determinations by the administrator

4. PART 3 Exemptions

   1. 29. CCA emissions and target periods

   2. 30. Total emissions

   3. 31. Electricity generating credit

   4. 32. Member CCA exemptions

   5. 33. General CCA exemptions

   6. 34. Group CCA exemptions

   7. 35. Requirements for exemptions to apply: general

   8. 36. Requirements for exemption to apply: exception

   9. 37. Effect of exemptions and records

   10. 38. Loss of exemptions and further exemptions

5. PART 4 Footprint reports and residual measurement lists

   1. 39. Provision of footprint reports

   2. 40. Member CCA exemptions

   3. 41. Footprint emissions

   4. 42. Requirement for residual measurement lists

   5. 43. Residual percentage

   6. 44. Content of residual measurement lists

   7. 45. Compilation of residual measurement lists

   8. 46. Changes affecting participants

6. PART 5 Annual reports

   1. 47. Provision of annual reports

   2. 48. Member CCA exemptions

   3. 49. Annual report

   4. 50. CRC emissions

   5. 51. Changes affecting participants

7. PART 6 Allowances and CRC emissions

   1. 52. Validity of allowances

   2. 53. Allowances and CRC emissions

   3. 54. Cancellation of allowances and surplus surrendered allowances

   4. 55. Allowances and trading

   5. 56. Community tradeable emissions allowances

8. PART 7 Records

   1. 57. General

   2. 58. Records: general

   3. 59. Records: residual measurements lists and public disclosure

   4. 60. Audit of records

9. PART 8 Information and assistance requirements

   1. 61. Supplies of electricity, gas and fuel under Part 8

   2. 62. Information on half hourly meters and amount of supplies

   3. 63. Information on electricity and gas supplied from authorised suppliers holding a licence

   4. 64. Information from electricity suppliers

   5. 65. Assistance by occupiers

   6. 66. Information and assistance by franchisees

   7. 67. Information and assistance: public bodies

10. PART 9 Administration of the scheme

    1. 68. The Registry

    2. 69. Security of the Registry

    3. 70. Security and identities

    4. 71. Preventing or suspending use of the Registry

    5. 72. Cancellation of registrations of participants

    6. 73. Account holders

    7. 74. Determinations

11. PART 10 Achievement and performance tables, publication and verification

    1. 75. Achievement tables

    2. 76. No information on relative change and early action

    3. 77. Performance tables

    4. 78. Publication

    5. 79. Verification

    6. 80. Further publication

12. PART 11 Charging

    1. 81. Charges

    2. 82. Chargeable activities

    3. 83. Amount of charges

    4. 84. Revised charges

    5. 85. Collection and remittance of charges

13. PART 12 Monitoring compliance

    1. 86. Compliance notices

    2. 87. Inspections

14. PART 13 Enforcement

    1. 88. Powers of the administrator in respect of enforcement

    2. 89. Authorised persons

    3. 90. Notices to provide information: compliance with articles 58 and 59

    4. 91. Enforcement notices

15. PART 14 Civil penalties

    1. 92. Civil penalties

    2. 93. Recovery of civil penalties

    3. 94. Waiver and modification of civil penalties

    4. 95. Failures in respect of registration

    5. 96. Failures in respect of footprint reports

    6. 97. Failures in respect of annual reports

    7. 98. Failures to provide information or notifications

    8. 99. Inaccurate footprint reports and annual reports

    9. 100. Failures to surrender allowances contrary to Part 6

    10. 101. Later discovered failures to surrender allowances contrary to Part 6

    11. 102. Failures to maintain records

    12. 103. Failures to provide information on half hourly meters under article 62

    13. 104. Failures to provide information under article 64

    14. 105. Blocking and publication

16. PART 15 Criminal offences and penalties

    1. 106. Offences

    2. 107. Penalties

    3. 108. Bodies corporate

    4. 109. Scottish partnerships

    5. 110. The Crown

17. PART 16 Appeals, service of notices and national security

    1. 111. Appeals

    2. 112. Service of documents and periods to comply

    3. 113. National security

18. Signature

19. 1. SCHEDULE 1

       Supplies and emissions

       1. SECTION 1 Electricity, gas and fuels: general

          1. 1. Electricity

          2. 2. Gas

          3. 3. Fuels

          4. 4. Fuels table

          5. 5. Measurement units

       2. SECTION 2 Electricity and gas: self-supply

          1. 6. Self-supply of electricity by generators, transmitters, distributors and authorised suppliers

          2. 7. Self-supply by authorised gas suppliers

       3. SECTION 3 Franchise agreements

          1. 8. Supplies under franchise agreements

          2. 9. Franchise agreements

          3. 10. Franchise agreements not existing

          4. 11. Supplies to franchisees regarded as supplies to franchisors

       4. SECTION 4 Deductions from supplies

          1. 12. Deductions from supplies

          2. 13. Unconsumed supply

          3. 14. Occupation of premises

          4. 15. Consumption outside the United Kingdom

          5. 16. Domestic accommodation

          6. 17. Caravan sites: accommodation

          7. 18. Emergency and temporary accommodation

          8. 19. Transport consumption

          9. 20. Un-metered transport supply: electricity

          10. 21. Un-metered transport supply: gas

          11. 22. Purposes of transport

       5. SECTION 5 Deductions from supplies during the first phase in Northern Ireland

          1. 23. Application of section 5

          2. 24. Public lighting supplies

       6. SECTION 6 Additions to supplies: estimation adjustments

          1. 25. Additions to supplies

          2. 26. Estimation adjustment: electricity and gas

          3. 27. Estimation adjustment: fuels

       7. SECTION 7 Renewables generation and amount of emissions from supplies

          1. 28. Renewables generation: electricity

          2. 29. Amount of emissions

          3. 30. Conversion factors

          4. 31. Revisions to conversion factors

    2. SCHEDULE 2

       Core supplies

       1. SECTION 1 Core electricity supplies

          1. 1. Core electricity supplies

          2. 2. Settled half hourly meters

          3. 3. Non-settled half hourly meters

          4. 4. Non-domestic meters

          5. 5. Dynamic supply

       2. SECTION 2 Core gas supplies

          1. 6. Core gas supplies

          2. 7. Daily meters

          3. 8. Hourly meters

          4. 9. Large gas point meters

    3. SCHEDULE 3

       Public bodies

       1. SECTION 1 Interpretation

          1. 1. Public bodies

          2. 2. Public authorities and the National Assembly for Wales Commission

          3. 3. Public bodies: bodies corporate

          4. 4. Public bodies: proprietors of Academies and colleges

          5. 5. Public bodies: one public body part of another

       2. SECTION 2 Public bodies: groups

          1. 6. Groups and members

          2. 7. Bodies corporate

          3. 8. Educational bodies: England and Wales

          4. 9. Grant-aided schools: Northern Ireland

       3. SECTION 3 Public bodies: government and local authority decisions

          1. 10. Government and local authority decisions

          2. 11. The Scottish Ministers

          3. 12. The Welsh Assembly Government and Welsh Ministers

          4. 13. Northern Ireland departments

          5. 14. Government decisions

          6. 15. Government decisions: supplies and departments

          7. 16. Local authority decisions

          8. 17. Notification of government and local authority decisions

    4. SCHEDULE 4

       Undertakings and significant group undertakings

       1. Undertakings and significant group undertakings

          1. 1. Undertakings

          2. 2. Significant group undertakings

          3. 3. Significant group undertakings: movement between groups during a phase

          4. 4. Significant group undertakings as participants

    5. SCHEDULE 5

       Information

       1. SECTION 1 Information on registration

          1. 1. General

          2. 2. Contact information

          3. 3. Where the applicant is a group of undertakings—

          4. 4. Where the applicant is a group of public bodies, the...

          5. 5. The name, postal address, email address and telephone number of...

          6. 6. Total supplies of qualifying electricity

          7. 7. Exemptions

       2. SECTION 2 Information in footprint years

          1. 8. General

          2. 9. Supplies

          3. 10. Residual measurement list and residual supplies

          4. 11. Electricity generating credit and renewables generation

          5. 12. EU ETS and CCA emissions

          6. 13. Decisions in respect of domestic accommodation and un-metered transport supplies

    6. SCHEDULE 6

       Changes to participants

       1. PART 1 Public bodies: government

          1. SECTION 1 Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government

             1. 1. Application of Part 1

             2. 2. Notifications and applications: time to comply and the administrator

          2. SECTION 2 Creation of new departments

             1. 3. Creation of a new department

             2. 4. Creation of a new department: year 1

             3. 5. Creation of a new department: year 2

             4. 6. Creation of a new department: after year 2

             5. 7. Deemed supplies of the new department

          3. SECTION 3 Transfers of parts of government departments, Northern Ireland departments or the Scottish Ministers

             1. 8. Transfer of part of a department to another department

             2. 9. Transfers: year 1

             3. 10. Transfers: year 2

             4. 11. Deemed supplies

          4. SECTION 4 Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government

             1. 12. Mergers of departments

          5. SECTION 5 Government decisions and separate participation

             1. 13. Government decisions

             2. 14. Separate participants: year 1

       2. PART 2 Other public bodies

          1. 1. Application of Part 2

          2. 2. Notifications and applications: time to comply and the administrator

          3. 3. Mergers of public bodies

       3. PART 3 Undertakings

          1. SECTION 1 Post-qualification period

             1. 1. Time for applications

             2. 2. Significant group undertakings leaving a group but not joining another group

             3. 3. Joining of undertakings with a group which is not required to register as a participant

             4. 4. Joining of undertakings with a group which is required to register as a participant

             5. 5. Significant group undertakings transferring between groups

          2. SECTION 2 Footprint years and annual reporting years

             1. 6. Application and general changes during footprint years and annual reporting years

             2. 7. Notifications and applications: time to comply and the administrator

             3. 8. Determinations

             4. 9. Significant group undertakings becoming participants

             5. 10. Joining of a participant or significant group undertaking with a non-participant

             6. 11. Joining of a participant as a member of another participant

             7. 12. Significant group undertakings transferring to another participant

    7. SCHEDULE 7

       The Registry

       1. 1. Setting up accounts

       2. 2. Account holders and information

       3. 3. Recording of transfers between accounts

       4. 4. Updating of accounts

       5. 5. Non-compliance accounts and third party accounts

    8. SCHEDULE 8

       Achievement and performance tables

       1. 1. Absolute change in CRC emissions

       2. 2. Relative change in CRC emissions

       3. 3. Historic average of CRC emissions and reported or determined CRC emissions

       4. 4. Adjustments to CRC emissions

       5. 5. Early action

    9. SCHEDULE 9

       Powers of entry and inspection

       1. SECTION 1

          1. 1. Powers of entry and inspection

          2. 2. In any case where it is proposed to enter any...

          3. 3. Where an authorised person proposes to enter any premises and—...

          4. 4. In relation to any premises belonging to or used for...

          5. 5. Where an authorised person proposes to exercise the power conferred...

          6. 6. Before exercising the power conferred by paragraph 1(g), an authorised...

          7. 7. No answer given by a person in pursuance of a...

          8. 8. Nothing in paragraph 1 compels the production by any person...

       2. SECTION 2 Warrants, evidence and compensation

          1. 9. Entry and inspection under warrant

          2. 10. The conditions mentioned in paragraph 9 are—

          3. 11. In a case where paragraph 2 applies, a justice of...

          4. 12. Every warrant under paragraph 9 continues in force until the...

          5. 13. An authorised person must produce evidence of that person’s authorisation...

          6. 14. A person who, in exercise of the power, enters on...

          7. 15. Compensation in respect of entry and inspection

          8. 16. Compensation is not payable by virtue of paragraph 15 in...

          9. 17. Any dispute as to a person’s entitlement to compensation under...

          10. 18. An authorised person is not to be liable in any...

    10. SCHEDULE 10

        Appeals

        1. 1. Except where paragraph 4, 5 or 6 applies, the appeal...

        2. 2. Under paragraph 1, where the determination, notice or penalty is...

        3. 3. Paragraph 4 applies where an appeal is made by an...

        4. 4. Where this paragraph applies, the appeal body is an independent...

        5. 5. Where an appeal is made by an applicant or participant...

        6. 6. Where a determination, notice or penalty is made or given...

        7. 7. An appellant must give written notice of the appeal together...

        8. 8. An appeal must be received by the appeal body no...

        9. 9. The appeal body may decide an appeal received late.

        10. 10. An appellant may withdraw an appeal by notifying the appeal...

        11. 11. The bringing of an appeal— (a) except where the appeal...

        12. 12. The appeal body may— (a) in respect of a determination,...

        13. 13. The appeal body may publicise the appeal where it considers...

        14. 14. The appeal body may— (a) adopt such procedures as it...

        15. 15. On request by the administrator, the appeal body may award...

        16. 16. The costs under paragraph 15— (a) are those agreed by...

        17. 17. In this Schedule, “independent person” means a person who has...

    11. SCHEDULE 11

        Service of documents

        1. 1. The provisions of this Schedule apply to the service of...

        2. 2. A document must be in writing.

        3. 3. Subject to paragraph 5, a document may be served on...

        4. 4. For the purposes of paragraph 3, a document is served...

        5. 5. A document may be served on an applicant or participant...

        6. 6. Except where paragraph 5 applies, if a person to be...

        7. 7. In paragraphs 3 and 6, “proper address” means in the...

        8. 8. For the purposes of paragraph 7, the principal office of...

        9. 9. Where— (a) a participant is a group; and

20. Explanatory Note