8.—(1) Part 3 (exemptions) is amended as follows.
(2) In article 29(1)(b) (CCA emissions and target periods), omit “subject to article 36,”.
(3) In paragraph (1)(a)(ii) of article 30 (total emissions), for “, gas and fuel” substitute “and gas”.
(4) For article 31 (electricity generating credits), substitute—
31.—(1) In article 30, “electricity generating credit” applies where—
(a)an applicant generates electricity without using an excluded fuel;
(b)the applicant is not issued with a ROC and is not in receipt of a financial incentive made by virtue of the Energy Act 2008(1) in respect of that generation;
(c)the generation does not occur at a place described in paragraph (3); and
(d)the electricity generated is supplied to a public body or undertaking and that supply is a supply of electricity under paragraph 1 or 6 of Schedule 1, such electricity being “the generated and supplied electricity”.
(2) Electricity generating credit is the amount of emissions calculated in accordance with paragraph 29 of Schedule 1 in respect of the generated and supplied electricity.
(3) The places referred to in paragraph (1) are—
(a)an EU ETS installation where electricity is generated;
(b)a nuclear power station;
(c)a hydro-generating station which was ineligible for a ROC.
(4) In this article—
“excluded fuel” means any fuel that has been or should be reported by the applicant in its annual report and any fuel included in the applicant’s residual measurement list;
“hydro-generating station” has the meaning given by article 2(1) of the Renewables Obligation Order 2009(2) and as if that article applied to Scotland and Northern Ireland. ”.
(5) After article 34 (group CCA exemptions), insert—
34A.—(1) Where in a year of the first phase the member of a participant to which a member CCA exemption applies does not have energy use or carbon emissions subject to a CCA target, the member CCA exemption applies in any subsequent year of the phase where the member operates a facility that is specified in a specified facility certificate.
(2) Where in a year of the first phase, a participant which has a general CCA exemption does not have energy use or carbon emissions subject to a CCA target, the general CCA exemption applies in any subsequent year of the phase where the participant operates a facility that is specified in a specified facility certificate.”.
(6) Omit article 36 (requirements for exemption to apply: exception).
(7) For article 37(1) (effect of exemptions and records), substitute—
“(1) Subject to article 38, as a participant, an applicant is exempt from Parts 5 to 7 of this Order for the phase where a general CCA exemption applies to it.”.
(8) In article 38 (loss of exemptions and further exemptions)—
(a)for paragraphs (2) and (3), substitute—
“(2) Where in a year of a phase, the member of a participant to which a member CCA exemption applies does not operate a facility that is specified in a specified facility certificate, the member CCA exemption does not apply—
(a)in the next year of the phase; and
(b)any subsequent year where the member does not operate a CCA facility that is specified in a specified facility certificate.
(3) Where in a year of a phase, a participant which has a general CCA exemption does not operate a CCA facility that is specified in a specified facility certificate, the general CCA exemption does not apply—
(a)in the next year of the phase; and
(b)any subsequent year where the participant does not operate a facility that is specified in a specified facility certificate.”;
(b)in paragraph (5), omit “, as applicable, the footprint report or”.