The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. 2005/2903) (“the 2005 Amendment Regulations”) in relation to the way in which the 2005 Amendment Regulations deal with the approval of, and authorisation to participate in, projects under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Cm 6485).

Regulation 2(2) and (9) remove redundant provisions.

Regulation 2(3) provides for the replacement of Part 3 (project approval and authorisation to participate). Under the new Part 3, appeals in respect of applications made under regulation 5 of the 2005 Amendment Regulations will be heard by the First-tier Tribunal rather than the Secretary of State. In addition, the drafting of this Part has been clarified to reflect the transfer of functions under this Part from the Secretary of State to the Environment Agency, which was given effect to by S.I. 2011/727. In particular, the new Part replaces the references to “the Secretary of State” with “the Environment Agency”. This is subject to an exception where an application has been referred to the Secretary of State for determination. Redundant provisions regarding fees have also been removed from this new Part.

A copy of the report produced by the World Commission on Dams, which is referred to in regulation 7(6)(b) of the new Part 3, can be found at http://www.unep.org/dams/WCD/report/WCD_DAMS%20report.pdf.

Regulation 2(4) revokes Part 5 of the 2005 Amendment Regulations (offences) and in doing so abolishes the existing criminal offence of making a false or misleading statement in connection with an application made under regulation 5 of the 2005 Amendment Regulations.

Regulation 2(5) to (8) amends the existing civil penalty regime in regulation 17 of the 2005 Amendment Regulations to enable the Environment Agency or the Secretary of State (as the case may be) to impose a civil penalty in the event that false or misleading information is provided in connection with an application made under regulation 5 of the 2005 Amendment Regulations. An appeal against the imposition of a civil penalty may be made to the First-tier Tribunal under the existing regulation 18 of the 2005 Amendment Regulations.

Regulation 3 provides for the 2005 Amendment Regulations, in force immediately before 1st February 2015, which is the date on which these Regulations come into force, to continue to apply to applications submitted before that date.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.