The Greenhouse Gas Emissions Trading Scheme Regulations 2012

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Duty to review these Regulations

   3. 3. Interpretation

   4. 4. Application to the Crown etc.

   5. 5. Notices etc.

   6. 6. Applications etc.

   7. 7. Functions of the regulator: Northern Ireland

   8. 8. Commission Regulations: designations

3. PART 2 Stationary installations

   1. CHAPTER 1 Permits

      1. 9. Requirement for permit to carry out regulated activities

      2. 10. Applications for and grant of permits

      3. 11. Review, variation and consolidation of permits

      4. 12. Transfer of permits

      5. 13. Surrender of permits

      6. 14. Revocation of permits

   2. CHAPTER 2 Excluded installations: further provision

      1. 15. Excluded installations

   3. CHAPTER 3 Allocation of allowances

      1. 16. Allocation of allowances for 2013 to 2020

   4. CHAPTER 4 Offshore installations

      1. 17. Powers of entry

      2. 18. Charging schemes

      3. 19. Charging schemes: supplementary

4. PART 3 Aviation

   1. CHAPTER 1 General

      1. 20. Interpretation

      2. 21. Civil Aviation Authority

   2. CHAPTER 2 UK administered operators, UK aircraft operators and regulators

      1. 22. UK administered operators: power to designate

      2. 23. Application to be designated as a UK administered operator

      3. 24. Transfers of operators between member States

      4. 25. Gibraltar operators

      5. 26. UK aircraft operators

      6. 27. Regulators: general

      7. 28. Regulators: assessment of emissions

      8. 29. Regulators: change in registered office

   3. CHAPTER 3 Allocation of aviation allowances

      1. 30. Allocation of aviation allowances

   4. CHAPTER 4 Monitoring and reporting aviation emissions

      1. 31. Interpretation

      2. 32. Application for an emissions plan by a UK administered operator

      3. 32A. Application for an emissions plan by a UK administered operator: activities during 2015 to 2023

      4. 32B. Application for an emissions plan by a UK administered operator: post-2023 activities

      5. 32C. Application for an emissions plan by a UK administered operator: general

      6. 33. Requirement to notify the regulator if an emissions plan is not applied for before 1st January 2015

      7. 33A. Requirement to notify the regulator if an emissions plan is not applied for on or after 1st January 2015

      8. 34. Issue of an emissions plan

      9. 35. Monitoring and reporting emissions

      10. 36. Emissions plan conditions

      11. 37. Variation of an emissions plan

      12. 38. Variation of a benchmarking plan

   5. CHAPTER 5 Sanctions (other than civil penalties)

      1. 39. Detention and sale of aircraft

      2. 40. Aircraft operating bans

5. PART 4 Surrender of allowances

   1. 41. Surrender of allowances: operators of installations

   2. 42. Surrender of allowances: UK aircraft operators

   3. 42A. Surrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years

   4. 42B. Surrender of a deficit of allowances: UK administered operators

6. PART 5 Enforcement etc.

   1. 43. Enforcement notices

   2. 44. Power to determine reportable emissions

7. PART 6 Information

   1. 45. Provision of information

   2. 46. Disclosure of information

   3. 47. National security

8. PART 7 Civil Penalties

   1. 48. Interpretation

   2. 49. Carbon Price

   3. 50. Penalty notices

   4. 51. Discretion in imposing civil penalties

   5. 52. Carrying out a regulated activity contrary to regulation 9

   6. 53. Failure to comply with a condition of a permit

   7. 54. Failure to surrender allowances

   8. 55. Exceeding an emissions target for an excluded installation

   9. 56. Failure to pay a penalty for exceeding an emissions target for an excluded installation

   10. 57. Under-reporting of emissions from an excluded installation

   11. 58. Failure to notify when an excluded installation ceases to meet the criteria for being excluded

   12. 58A. Failure to notify when an excluded installation has had a significant capacity reduction or partial cessation of regulated activities

   13. 58B. Failure to notify when the operator of an excluded installation has suspended the carrying out of regulated activities at the installation

   14. 59. Failure to surrender a permit

   15. 60. Failure to submit or resubmit an application for an emissions plan

   16. 61. Failure to notify the regulator if an emissions plan is not applied for

   17. 62. Failure to comply with a condition of an emissions plan

   18. 63. Failure to monitor aviation emissions

   19. 64. Failure to report aviation emissions

   20. 65. Failure to provide assistance and advice

   21. 66. Failure to comply with a direction relating to an operating ban

   22. 67. Failure to return allowances

   23. 68. Failure to comply with an enforcement notice

   24. 69. Failure to comply with an information notice

   25. 70. Providing false or misleading information

   26. 71. Publication of names of persons subject to penalties under regulation 54(1)

9. PART 8 Appeals

   1. CHAPTER 1 General

      1. 72. Interpretation

      2. 73. Rights of appeal

      3. 74. Rights of appeal: registries

      4. 75. Appeal body

      5. 76. Effect of an appeal

      6. 77. Determination of an appeal

   2. CHAPTER 2 Appeals: Scotland and Northern Ireland

      1. 78. Procedure for appeals

10. PART 9 The Union Registry and the UK Registry

    1. 79. Interpretation

    2. 80. The Union Registry

    3. 81. The UK Registry

11. PART 10 Supplementary

    1. 82. Recovery of fees

    2. 83. Consequences of non-payment

    3. 84. Guidance

    4. 84A. Duty of Secretary of State to publish information

12. PART 11 Revocations, savings and transitional provisions.

    1. 85. Revocations

    2. 86. Savings and transitional provisions: the 2005 Regulations

    3. 87. Savings and transitional provisions: the 2010 Regulations

    4. 87A. Obligations in relation to aviation emissions arising before 2013

    5. 87AA. Obligations in relation to aviation emissions arising before 2013: deficits

    6. 87B. Unreported emissions arising before 2013

    7. 88. Transitional provisions: permits

    8. 89. Transitional provisions: aviation emissions plans

13. Signature

14. 1. SCHEDULE 1

       Application to the Crown etc.

       1. 1. Crown application

       2. 2. Entry to Crown premises

       3. 3. Service on certain Crown operators

    2. SCHEDULE 2

       Notices etc.

       1. 1. In this Schedule, “instrument” means any notice or direction served...

       2. 2. An instrument must be in writing.

       3. 3. An instrument may be served on or given to a...

       4. 4. In the case of a body corporate, an instrument may...

       5. 5. In the case of a partnership, an instrument may be...

       6. 6. If a person (“Q”) to be served with or given...

       7. 7. For the purposes of this Schedule, “proper address” means (subject...

       8. 8. For the purposes of paragraph 7, where a body corporate...

       9. 9. (1) Where for the purposes of paragraph 7 the person...

       10. 10. The provisions of this Schedule do not apply where a...

    3. SCHEDULE 3

       Applications etc.

       1. 1. Applications etc.: general

       2. 2. Determination of applications

    4. SCHEDULE 4

       Permits

       1. 1. Applications for permits

       2. 2. Content of a greenhouse gas emissions permit

       3. 3. Transfer of permits

       4. 4. Surrender of permits

       5. 5. Revocation of permits

    5. SCHEDULE 5

       Excluded installations

       1. 1. Interpretation

       2. 2. Conversion of a greenhouse gas emissions permit

       3. 3. Content of an excluded installation emissions permit

       4. 4. Activities during 2012: duty to notify regulator

       5. 5. Emissions target: duty not to exceed

       6. 6. Emissions target: increase in the capacity of an excluded installation

       7. 7. Banking an overachieved emissions target

       8. 8. Termination of an excluded installation emissions permit

       9. 9. End of excluded installation status

    6. SCHEDULE 6

       Allocation and adjustment of allowances

       1. 1. Interpretation

       2. 1A. Application

       3. 2. Application for an allocation from the new entrant reserve: new entrants

       4. 3. Application for an allocation from the new entrant reserve: significant capacity extensions

       5. 4. Notification of preliminary annual number of allowances: new entrants and significant capacity extensions

       6. 5. Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions

       7. 6. Adjustment of allocation: significant capacity reductions

       8. 7. Adjustment of allocation to an installation: permanent cessations of regulated activities

       9. 8. Adjustment of allocation to an installation: partial cessation of regulated activities

       10. 9. Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities

       11. 10. Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities

       12. 11. Recovery of allowances

    7. SCHEDULE 6A

       Allocation and adjustment of allowances: installations which cease to be excluded installations

       1. 1. Application of this Schedule

       2. 2. Interpretation

       3. 3. Notification of end of excluded installation status: no significant capacity reduction or partial cessation

       4. 4. Application for an allocation from the new entrant reserve: significant capacity extensions of excluded installations

       5. 5. Notification of preliminary annual number of allowances: significant capacity extensions of excluded installations

       6. 6. Calculation of final total annual amount of allowances allocated free of charge: significant capacity extensions of excluded installations

       7. 7. Adjustment of allocation: significant capacity reduction of excluded installation

       8. 8. Adjustment of allocation: permanent cessation of regulated activities at an excluded installation

       9. 9. Adjustment of allocation to an installation: partial cessation of regulated activities of excluded installation

       10. 10. Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities

       11. 11. Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities

       12. 12. Recovery of allowances

    8. SCHEDULE 7

       Allocation of aviation allowances

       1. 1. Purpose of this Schedule

       2. 1A. Interpretation

       3. 2. Application for a benchmarking plan

       4. 3. Issue of a benchmarking plan

       5. 4. Amendment of a benchmarking plan

       6. 5. Monitoring tonne-kilometre data

       7. 6. Reporting tonne-kilometre data

       8. 7. Submission of the report to the Secretary of State and the European Commission

       9. 8. Publication of aviation allowances

       10. 9. Force majeure

       11. 10. Recovery of allowances

    9. SCHEDULE 8

       Allocation of aviation allowances from the special reserve

       1. 1. Purpose of this Schedule

       2. 2. Application for a benchmarking plan

       3. 3. Issue of a benchmarking plan

       4. 4. Amendment of a benchmarking plan

       5. 5. Monitoring tonne-kilometre data

       6. 6. Application for an allocation of allowances

       7. 7. Submission of an application to the Secretary of State and to the European Commission

       8. 8. Publication of aviation allowances from the special reserve

       9. 9. Maximum allocation of aviation allowances from the special reserve

    10. SCHEDULE 9

        Detention and sale of aircraft

        1. 1. Interpretation

        2. 2. Sale following detention of aircraft

        3. 3. Release of aircraft

        4. 4. Court procedures

        5. 5. Proceeds of sale

        6. 6. Equipment and documents

        7. 7. Assistance of aerodrome operator

        8. 8. Procedure for applying for leave to sell an aircraft

    11. SCHEDULE 10

        Aircraft operating bans

        1. 1. Application for an operating ban

        2. 2. Enforcement of an operating ban

    12. SCHEDULE 11

        Appeals to the Scottish Ministers

        1. PART 1

           1. 1. (1) Any person who wishes to appeal to the Scottish...

           2. 2. (1) Subject to sub-paragraph (2), notice of appeal in accordance...

           3. 3. (1) The regulator must, within 16 days of receipt of...

           4. 4. (1) Before determining an appeal, the appeal body may afford...

           5. 5. (1) Where an appeal under regulation 73(1) is to be...

           6. 6. (1) The appeal body must give notice to the appellant...

           7. 7. Where an appeal is made against the refusal of an...

           8. 8. Where the appeal body's determination of an appeal is quashed...

           9. 9. In this Part— (a) “affected party” means an interested party—...

        2. PART 2

           1. 10. In this Part— “appointed person” means a person appointed under...

           2. 11. An appointment must be in writing and—

           3. 12. Subject to the provisions of this Part, an appointed person,...

           4. 13. (1) If the appellant, the regulator or any person whose...

           5. 14. (1) Where— (a) under paragraph 11(c) the appointment of the...

           6. 15. (1) Anything done or omitted to be done by an...

    13. SCHEDULE 12

        Appeals (Northern Ireland)

        1. 1. (1) A person who wishes to appeal to the Planning...

        2. 2. Notice of appeal in accordance with paragraph 1 is to...

        3. 3. (1) The appeals commission must determine the appeal and paragraphs...

        4. 4. An appeal under this Schedule must be accompanied by a...

15. Explanatory Note