13.—(1) Subject to paragraph (4), if an installation has ceased operation the operator must apply to the regulator to surrender the permit authorising regulated activities at the installation.
[F1(2) An application under paragraph (1) must be made by the date specified in paragraph (3), or such later date as may be agreed with the regulator.
(3) The date specified is, in the case of an installation that has ceased operation by virtue of meeting the condition in—
(a)paragraph 7(1)(b) or (c) of Schedule 6, the last day of the one month period beginning with the day on which the installation ceased operation;
(b)paragraph 7(1)(d) of Schedule 6, the last day of the one month period following the end of the relevant period (as defined by paragraph 7(5) of that Schedule);
(c)paragraph 8(1)(d) of Schedule 6A—
(i)where the entry year is 2015, the later of 31st December 2015 or the last day of the one month period following the end of the relevant period (as defined by paragraph 8(15)(b) of Schedule 6A);
(ii)where the entry year is any other scheme year, the later of 31st January in the entry year or the last day of the one month period following the end of the relevant period (as defined by paragraph 8(15)(b) of Schedule 6A).]
(4) The application need not be made where—
(a)the permit authorises regulated activities at more than one installation, some of which have not ceased operation; and
(b)by the end of the period mentioned in paragraph (2), the operator has applied to vary that permit so that it no longer applies to any of those installations that have ceased operation.
(5) Where the carrying out of regulated activities at an installation mentioned in paragraph (6) has been suspended, but the installation has not ceased operation, the operator may at any time make an application under paragraph (1) but is not obliged to do so.
(6) Those installations are—
(a)an excluded installation; or
(b)an installation that, by virtue of Article 10a(3) of the Directive, is not eligible for an allocation.
(7) If the application under paragraph (1) is granted, the notice of determination given to the operator (“notice of surrender”) takes effect on the date specified in the notice.
(8) Paragraph 4 of Schedule 4 makes further provision about the surrender of permits.
Textual Amendments
F1Reg. 13(2)(3) substituted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 3