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The Greenhouse Gas Emissions Trading Scheme Order 2020
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Permits under GGETSR 2012U.K.
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1.—(1) This paragraph applies to a permit within the meaning of GGETSR 2012 that immediately before this Schedule comes into force authorises a regulated activity to be carried out at an installation.
(2) But this paragraph does not apply to a permit—
(a)in respect of which an application under regulation 13 of GGETSR 2012 for the surrender of the permit has been made but has yet to be determined;
(b)that is due, in accordance with provision made under GGETSR 2012, to be surrendered or revoked; or
(c)that authorises a regulated activity to be carried out at an installation included in the ultra-small emitter list for 2021-2025.
(3) Where the installation is included in the hospital and small emitter list for 2021-2025, the regulator must—
(a)convert the permit into a hospital or small emitter permit the provisions of which satisfy the requirements of paragraph 11 of Schedule 7 and that authorises the regulated activity to be carried out at the installation from 1st January 2021; and
(b)give notice of the conversion to the operator of the installation.
(4) In any other case, the regulator must—
(a)convert the permit into a greenhouse gas emissions permit the provisions of which satisfy the requirements of paragraph 4 of Schedule 6 and that authorises the regulated activity to be carried out at the installation from 1st January 2021; and
(b)give notice of the conversion to the operator of the installation.
(5) When converting a permit under sub-paragraph (3) or (4), the regulator may make only such changes to the operator's obligations under the permit as the regulator considers necessary to convert the permit into a greenhouse gas emissions permit or, as the case may be, a hospital or small emitter permit.
(6) But sub-paragraph (5) does not prevent the regulator correcting errors.
(7) When converting a permit under sub-paragraph (4), the regulator may include under paragraph 4(2)(d) of Schedule 6 a condition to give proper effect to Article 69(4) of the Monitoring and Reporting Regulation 2018 that requires the operator to submit a report to the regulator relating to non-conformities or recommendations for improvements stated in a verification report under [F1Commission Implementing Regulation (EU) 2018/2067 (as it had effect in EU law)] in respect of the scheme year (within the meaning of GGETSR 2012) beginning on 1st January 2020.
(8) The conversion of a permit under sub-paragraph (3) or (4) does not affect the operator's obligations under the permit in respect of specified emissions before 1st January 2021 (and GGETSR 2012 continue to apply in relation to such obligations).
(9) A permit that is converted under this paragraph continues in force as if issued under this Order until cancelled, surrendered or revoked under this Order.
Textual Amendments
F1Words in Sch. 11 para. 1(7) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 43(2)
Commencement Information
I1Sch. 11 para. 1 in force at 12.11.2020, see art. 2(1)
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