PART 3Installations

Installations: requirement for permit to carry out regulated activityI126

1

No person may carry out a regulated activity at an installation in a scheme year unless the operator of the installation holds a greenhouse gas emissions permit or a hospital or small emitter permit for the installation that authorises the regulated activity to be carried out.

2

Paragraph (1) does not apply to a regulated activity carried out at an installation in a scheme year for which the installation is an ultra-small emitter.

3

Schedule 6 (which provides for applications for greenhouse gas emissions permits and generally for permits) has effect.

4

Schedule 7 (which provides for hospitals and small emitters) has effect.

5

Schedule 8 (which provides for ultra-small emitters) has effect.

Annotations:
Commencement Information
I1

Art. 26 in force at 12.11.2020, see art. 2(1)

Installations: requirement to surrender allowancesI227

Where the operator of an installation holds a greenhouse gas emissions permit, the operator must surrender allowances in accordance with the surrender condition of the permit for each scheme year (or part of a scheme year) that the permit is in force.

Annotations:
Commencement Information
I2

Art. 27 in force at 12.11.2020, see art. 2(1)

I3F1Installations: information to be submitted before 2026-2030 allocation period where no application for free allocation, etc. is made27A

1

This article applies where the operator of an installation referred to in paragraph (2) does not make an application under any of the following—

a

paragraph 5 of Schedule 7 (hospital or small emitter status for 2026-2030 allocation period);

b

paragraph 3 of Schedule 8 (ultra-small emitter status for 2026-2030 allocation period);

c

Article 4 of the Free Allocation Regulation (free allocation in 2026-2030 allocation period).

2

The installations are—

a

an installation for which a permit is issued on or before 30th June 2024;

b

an installation that is an ultra-small emitter for the 2024 scheme year;

c

an installation for which an application for a permit has been made but not yet determined.

3

The operator must submit the following to the regulator—

a

details of the installation, including details of any permit in force;

b

activity information (that is to say, the information set out in section 1.3 of Annex 4 to the Free Allocation Regulation);

c

details of eligibility for free allocation (that is to say, the information set out in section 1.4 of Annex 4 to the Free Allocation Regulation);

d

a statement that the operator is not applying for free allocation in the 2026-2030 allocation period under Article 4 of the Free Allocation Regulation.

4

The information referred to in paragraph (3) must be submitted in the period beginning on 1st April 2024 and ending on 30th June 2024.

5

The regulator must send the information submitted by the operator to the UK ETS authority on or before 30th September 2024.