23.—(1) Where—
(a)an installation (other than a hospital-qualifying installation) is a hospital or small emitter for any of the 2021, 2022, 2023, 2026, 2027 and 2028 scheme years; and
(b)the regulator considers that the installation's reportable emissions in any of those years exceed the maximum amount,
the regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator of the installation.
(2) Where the regulator considers that a hospital-qualifying installation ceases to be an installation that primarily provides services to a hospital in a scheme year (the “relevant scheme year”) for which the installation is a hospital or small emitter, the regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator of the installation.
(3) But sub-paragraph (2) does not apply—
(a)where the relevant scheme year is in the 2021-2025 allocation period and the installation was in operation in any of the 2016, 2017 and 2018 scheme years (within the meaning of GGETSR 2012), if—
(i)the installation's reportable emissions in each of those years did not exceed the maximum amount; and
(ii)where the activity referred to in column 1 of the first entry in table C in Schedule 2 (combustion of fuels) was carried out at the installation, the installation's rated thermal input was below 35 megawatts in each of those years.
(b)where the relevant scheme year is in the 2026-2030 allocation period and the installation was in operation in any of the 2021, 2022 and 2023 scheme years, if—
(i)the installation's reportable emissions in each of those years do not exceed the maximum amount; and
(ii)where the activity referred to in column 1 of the first entry in table C in Schedule 2 (combustion of fuels) is carried out at the installation, the installation's rated thermal input is below 35 megawatts in each of those years.
(4) Where a hospital or small emitter permit may be revoked under paragraph 12 of Schedule 6, the regulator may instead of revoking the permit give a notice (a “conversion notice”) to the operator of the installation.
Commencement Information
I1Sch. 7 para. 23 in force at 12.11.2020, see art. 2(1)