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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 2
- CHAPTER 1
- Regulation 12A
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The Greenhouse Gas Emissions Trading Scheme Regulations 2012, Section 12A is up to date with all changes known to be in force on or before 06 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1[F2Transfer of permits: underreporting discovered after transferU.K.
This section has no associated Explanatory Memorandum
12A.—(1) This regulation applies where—
(a)after the transfer of a greenhouse gas emissions permit under regulation 12 takes effect, the regulator becomes aware, following a determination of reportable emissions under regulation 44, of an error in a report submitted for a scheme year by the transferring operator under the monitoring and reporting requirements of the permit; and
(b)as a result of the error, the transferring operator failed to comply with the surrender requirements of the permit in respect of the scheme year to which the error relates.
(2) The regulator must give notice to the transferring operator of the error as soon as reasonably practicable.
(3) The transferring operator must, within the period of one month beginning with the date the transferring operator received the notice, effect a transfer to the new operator of allowances equal to the reportable emissions in respect of which, as a result of the error, the transferring operator failed to comply with the surrender condition of the permit.
(4) The new operator must surrender the allowances within the period of one month beginning with the date of the transfer of the allowances.
(5) In paragraph (1), the reference to the transfer of a permit under regulation 12 includes a reference to an application for a transfer of a permit to which effect is given by a variation of the new operator’s existing permit.
(6) In this regulation—
(a)“transferring operator” means the person who was the current operator for the purposes of regulation 12; and
(b)“new operator” has the same meaning as in regulation 12.]]
Textual Amendments
F1Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12
F2Reg. 12A inserted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 8 (with reg. 46)
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