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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 3
- CHAPTER 1
- Regulation 20
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Changes and effects yet to be applied to Regulation 20:
- Regulations modified by 2019 c. 1 s. 79(5)
- Regulations modified by S.I. 2020/1369 reg. 45
- Regulations revoked in part by S.I. 2021/511 reg. 12
- reg. 16-40 omitted by S.I. 2020/1369 reg. 10(b)
- reg. 20 word inserted by S.I. 2019/107 reg. 9(h)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 word omitted by S.I. 2019/107 reg. 9(h)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words inserted by S.I. 2019/107 reg. 9(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words inserted by S.I. 2019/107 reg. 9(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words inserted by S.I. 2019/107 reg. 9(g) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words inserted by S.I. 2019/107 reg. 9(h)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words omitted by S.I. 2019/107 reg. 9(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words omitted by S.I. 2019/107 reg. 9(f) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words substituted by S.I. 2019/107 reg. 9(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words substituted by S.I. 2019/107 reg. 9(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 20 words substituted by S.I. 2019/107 reg. 9(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 4 para. 3(2A) inserted by S.I. 2019/107 reg. 54(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 4(1A) inserted by S.I. 2019/107 reg. 54(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 5(1A) inserted by S.I. 2019/107 reg. 54(e)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A) inserted by S.I. 2019/107 reg. 55(d)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 7(A1) inserted by S.I. 2019/107 reg. 55(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A)(2B) inserted by S.I. 2019/1440 reg. 29(8)(d)
- Sch. 5 para. 7(8) inserted by S.I. 2019/1440 reg. 29(9)(e)
- Sch. 5 para. 8(6A) inserted by S.I. 2019/1440 reg. 29(10)(c)
- Sch. 5A inserted by S.I. 2019/1440 Sch.
- Sch. 5A para. 5(4) word omitted (cond.) by virtue of S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 5A para. 5(3) words substituted (cond.)by S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 6 para. 1A(1)(e) inserted by S.I. 2019/107 reg. 56(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 1A inserted by S.I. 2020/1369 reg. 3
- reg. 3(1A)-(1C) inserted by S.I. 2019/644 reg. 2(3)
- reg. 3(2)(ba) inserted by S.I. 2019/1440 reg. 3(3)(b)(ii)
- reg. 8(9)(10) omitted by S.I. 2020/1369 reg. 6(e)
- reg. 8(10) inserted by S.I. 2019/1440 reg. 4(5)
- reg. 9(1) reg. 9 renumbered as reg. 9(1) by S.I. 2019/1440 reg. 5(2)
- reg. 9(2) inserted by S.I. 2019/1440 reg. 5(3)
- reg. 10(3A) inserted by S.I. 2019/1440 reg. 6(3)
- reg. 12A inserted by S.I. 2020/1369 reg. 8
- reg. 13(1A) inserted by S.I. 2020/1369 reg. 9(a)
- reg. 14(1)(b)(i) words substituted in earlier amending provision S.I. 2019/1440, reg. 10 by S.I. 2020/1369 reg. 44(c)
- reg. 15(A1)-(C1) inserted by S.I. 2019/1440 reg. 11(3)
- reg. 15(C1) words substituted (temp.) by S.I. 2019/1440, reg. 11(3) (as amended) by S.I. 2020/18 reg. 12(2)
- reg. 15A inserted by S.I. 2019/1440 reg. 12
- reg. 22(1A) inserted by S.I. 2019/107 reg. 11(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 23(5) inserted by S.I. 2019/107 reg. 12 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 44(5A)-(5D) inserted by S.I. 2019/1440 reg. 18(5)
- reg. 44(5A) words omitted by S.I. 2020/1369 reg. 12(c)
- reg. 44(5C)(a) words omitted by S.I. 2020/1369 reg. 12(d)(i)
- reg. 44(5C)(b) words omitted by S.I. 2020/1369 reg. 12(d)(ii)
- reg. 44(5D)(a) words omitted by S.I. 2020/1369 reg. 12(e)
- reg. 45(6)(f) and word inserted by S.I. 2019/1440 reg. 19(c) (This amendment not applied to legislation.gov.uk. Regs. 19(c) omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(e))
- reg. 45(6)(ea) and word inserted by S.I. 2020/1369 reg. 13(d)
- reg. 52(2A) inserted by 2019 c. 1 s. 76(2)
- reg. 53A inserted by S.I. 2020/1369 reg. 19
- reg. 54(2A) inserted by S.I. 2019/1440 reg. 20(2)
- reg. 54(2A)(a)(b) omitted by S.I. 2020/1369 reg. 20(b)
- reg. 54(7)(ca) inserted by S.I. 2019/1440 reg. 20(6)(b)
- reg. 54(7)(ca)(i) words omitted by S.I. 2020/1369 reg. 20(c)(ii)(aa)
- reg. 54(7)(ca)(ii) omitted by S.I. 2020/1369 reg. 20(c)(ii)(bb)
- reg. 54(9)(10) inserted by S.I. 2019/1440 reg. 20(7)
- reg. 58ZA 58ZB inserted by S.I. 2019/1440 reg. 22
- reg. 58ZB(4) word substituted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(a)
- reg. 58ZB(4) words omitted in earlier amending provision S.I. 2019/1440, reg. 22 by S.I. 2020/1369 reg. 44(f)
- reg. 58ZB(5)(b) word omitted (cond.) by virtue of S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(ii)
- reg. 58ZB(5)(b) words inserted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(i)
- reg. 80(A1) inserted by S.I. 2019/107 reg. 48(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 84A inserted by S.I. 2019/1440 reg. 25
- reg. 84A omitted by S.I. 2020/1369 reg. 36
- reg. 87B(5)(ea) inserted by S.I. 2019/1440 reg. 26(3)(c)
- reg. 90 inserted by S.I. 2019/107 reg. 53 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
InterpretationU.K.
This section has no associated Explanatory Memorandum
20. In this Part (and in Schedules 7 to 10)—
“the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 F1;
“area”, in relation to a regulator, means—
“authority”, in relation to a UK administered operator (“P”) means—
(a)
[F4the Welsh Ministers, where P’s regulator is the NRBW;]
(b)
the Scottish Ministers, where P's regulator is SEPA;
(c)
the Department of the Environment in Northern Ireland, where P's regulator is the chief inspector;
(d)
otherwise, the Secretary of State;
“benchmarking plan” has the meaning given by paragraph 2 of Schedule 7;
“benchmarking year”, in relation to a trading period, means the calendar year ending 24 months before the beginning of the period;
“Commission list” means the list of operators set out in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator F5, as amended from time to time;
“emissions plan” means a plan issued under—
(a)
regulation 34(1)(a);
(b)
regulation 19(1)(a) of the 2010 Regulations; or
(c)
regulation 15(1)(a) of the 2009 Regulations;
[F6“Eurocontrol” means the European organisation for air safety navigation;
“excluded aviation activity” means—
(a)
in respect of the scheme year 2013, an activity consisting in—
(i)
a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state or Croatia; or
(ii)
an outermost region flight;
(b)
in respect of any other scheme year, an activity consisting in—
(i)
a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state; or
(ii)
an outermost region flight;
“excluded aviation emissions” means aviation emissions arising from an excluded aviation activity;]
“member State” includes an EEA state;
[F7“non-UK operator” has the meaning given in regulation 24(2);
“outermost region” means—
(a)
in respect of the scheme year 2013, the Canary Islands, French Guiana, Guadeloupe, Martinique, Réunion, Saint-Martin, the Azores, or Madeira;
(b)
in respect of any other scheme year, the Canary Islands, French Guiana, Guadeloupe, Martinique, Mayotte, Réunion, Saint-Martin, the Azores, or Madeira;
“outermost region flight” means—
(a)
in respect of the scheme year 2013, a flight between an aerodrome located in an outermost region and an aerodrome located in—
(i)
a different outermost region;
(ii)
an area of an EEA state which is not an outermost region; or
(iii)
Croatia;
(b)
in respect of any other scheme year, a flight between an aerodrome located in an outermost region and an aerodrome located in—
(i)
a different outermost region; or
(ii)
an area of an EEA state which is not an outermost region;]
“registered office” (except in Schedule 9) means the registered office in the United Kingdom that a company is required to have under section 86 of the Companies Act 2006 F8;
[F9“Small Emitters Tool Regulation” means Commission Regulation (EU) No 606/2010 on the approval of a simplified tool developed by the European organisation for air safety navigation (Eurocontrol) to estimate the fuel consumption of certain small emitting aircraft operators, as amended from time to time;]
“tonne-kilometre” and “tonne-kilometre data” have the same meaning as in the Monitoring and Reporting Regulation;
“UK administered operator” means (subject to regulations 22 to 25) a person who is—
(a)
identified in the Commission list, and
(b)
specified in that list as an aircraft operator to be administered by the United Kingdom;
“unlisted operator” means a person who is—
(a)
not identified in the Commission list, and
(b)
the user or owner of an aircraft used to perform an aviation activity.
Textual Amendments
F1S.I. 2009/2301; revoked with savings etc. by S.I. 2010/1996.
F2Words in reg. 20 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(a) (with Sch. 7)
F3Words in reg. 20 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(b) (with Sch. 7)
F4Words in reg. 20 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(3) (with Sch. 7)
F5OJ No L 219, 22.8.2009, p 1; amended by Commission Regulations (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12), No 115/2011 (OJ No L 39, 12.2.2011, p 1), No 394/2011 (OJ No L 107, 27.4.2011, p 1) and No 100/2012 (OJ No L 39, 11.2.2012, p 1).
F6Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(a)
F7Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(b)
F9Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(c)
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