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The Greenhouse Gas Emissions Trading Scheme Order 2020
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End of hospital or small emitter status: end of allocation periodU.K.
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26.—(1) The regulator must, [F1as soon as reasonably practicable after the hospital and small emitter list for 2026-2030 is published and in any event on or before 31st October 2025,] give notice to the operator of an installation to which sub-paragraph (2) applies—
(a)stating that the operator must comply with the conditions of a greenhouse gas emissions permit from 1st January 2026; and
[F2(b)stating that, unless the monitoring plan already complies with the Monitoring and Reporting Regulation 2018, the operator must apply to the regulator on or before 30th [F3November] 2025 to vary the monitoring plan so that it does comply with that Regulation.]
(2) This sub-paragraph applies to an installation that is a hospital or small emitter for the 2025 scheme year other than an installation that is included in—
(a)the hospital and small emitter list for 2026-2030; or
(b)the ultra-small emitter list for 2026-2030.
(3) Where a notice under sub-paragraph (1) is given, the regulator must convert, with effect from 1st January 2026, the installation's hospital or small emitter permit (if any) into a greenhouse gas emissions permit by varying it under paragraph 6 of Schedule 6 so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 4 of Schedule 6.
[F4(4) Despite sub-paragraph (3)—
(a)where the monitoring plan does not already comply with the Monitoring and Reporting Regulation 2018, the regulator may revoke the permit under paragraph 12 of Schedule 6 instead of converting it if—
(i)the operator fails to apply to the regulator on or before 30th [F5November] 2025 to vary the monitoring plan; or
(ii)the variations applied for are not such that the plan would comply with that Regulation;
(b)the regulator must revoke the permit instead of converting it if the regulator considers that the operator will not be capable of monitoring and reporting the installation’s reportable emissions in accordance with the monitoring and reporting conditions of a greenhouse gas emissions permit.]
(5) When varying a permit, the regulator may make only such variations as the regulator considers necessary in consequence of the installation ceasing to be a hospital or small emitter.
(6) The conversion of the permit does not affect the obligations of the operator under the permit in respect of specified emissions before 1st January 2026.
Textual Amendments
F1Words in Sch. 7 para. 26(1) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(4)(a)(i)
F2Sch. 7 para. 26(1)(b) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 25(8)(a)
F3Word in Sch. 7 para. 26(1)(b) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(4)(a)(ii)
F4Sch. 7 para. 26(4) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 25(8)(b)
F5Word in Sch. 7 para. 26(4)(a)(i) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 8(4)(b)
Commencement Information
I1Sch. 7 para. 26 in force at 12.11.2020, see art. 2(1)
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