26.—(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.
Commencement Information
I1Art. 26 in force at 12.11.2020, see art. 2(1)
27. 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.
Commencement Information
I2Art. 27 in force at 12.11.2020, see art. 2(1)
27A.—(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 [F22025];
(b)an installation that is an ultra-small emitter for the [F22025] 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 [F32025] and ending on 30th June [F32025].
(5) The regulator must send the information submitted by the operator to the UK ETS authority on or before 30th September [F42025].]
Textual Amendments
F1Art. 27A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 16
F2Word in art. 27A(2) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 6(2)
F3Word in art. 27A(4) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 6(3)
F4Word in art. 27A(5) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 6(4)
Commencement Information
I3Art. 27A in force at 31.12.2020 immediately after IP completion day, see art. 2(2)(b)