Duty on regulator5
1
The regulator must exercise its permitting functions for the purposes in paragraph (2).
2
The purposes are—
a
to ensure that the permit for each plant listed in the Transitional National Plan contains a TNP provision, unless it is a plant in respect of which—
i
a notice of closure has been received under regulation 8(1)(a);
ii
a notice of variation has been received under regulation 8(1)(b); or
iii
the operator has given notice to the regulator that the plant should be exempted from inclusion in the Transitional National Plan under Article 33 (limited life time derogation);
b
to ensure that the operator of a participating plant notifies the regulator of any closure, or any variation of the operation of that plant which will cause it not to be a large combustion plant; and
c
to ensure that the operator of a participating plant does not operate the plant so as to exceed the emission allowance for a calendar year as recorded on the register under paragraph 4 of Schedule 1 in respect of that plant, subject to any transfer of emission allowance in respect of that plant recorded under paragraph 5(a) of that Schedule.