8.—(1) Where the regulator is satisfied that—
(a)the annual reportable emissions from an excluded installation which does not primarily provide services to a hospital have exceeded the maximum amount, or
(b)an excluded installation has ceased to primarily provide services to a hospital,
the regulator must, as soon as is reasonably practicable, give a notice to the operator.
(2) A notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—
(a)the installation will not be treated as an excluded installation; and
(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
(3) This sub-paragraph applies where the regulator is satisfied that the operator of an excluded installation has—
(a)committed a sufficiently serious breach of the conditions of the excluded installation emissions permit, or
(b)failed to pay to the regulator the penalty imposed under regulation 56 within one month after the date specified in the penalty notice.
(4) Where sub-paragraph (3) applies the regulator may revoke the permit under regulation 14 or give a notice to the operator in accordance with sub-paragraph (5).
(5) The notice must state that, from the beginning of the scheme year following the year in which notice is given—
(a)the installation will not be treated as an excluded installation; and
(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
(6) Where notice is given under sub-paragraph (1) or (4), the regulator must vary the excluded installation emissions permit, with effect from the 1st January in the scheme year following the year in which the notice was given (“the date of conversion”), so that the provisions of the permit that satisfy the requirements of paragraph 3 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.
(7) In varying a permit under sub-paragraph (6), the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation ceasing to be treated as an excluded installation.
(8) A variation of a permit under sub-paragraph (6) does not affect any obligations of the operator under the permit in respect of emissions arising from activities prior to the date of conversion.
(9) Where—
(a)notice is given under sub-paragraph (1) or (4), and
(b)the operator holds a registry account with excluded status in respect of the installation,
the regulator must give notice to the registry administrator, in accordance with the Registries Regulation [F12013], to change the status of the account to open from the year beginning with the date of conversion.
(10) Where sub-paragraph (3) applies and the permit is revoked, the regulator must give notice to the registry administrator in accordance with the Registries Regulation [F12013] to close the account.
Textual Amendments
F1Word in Sch. 5 para. 8(9)(10) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(13)