The CRC Energy Efficiency Scheme Order 2010
PART 1Introduction
CHAPTER 1General
1Citation and commencement
2The trading scheme: phases and application
3Interpretation
4Supplies and emissions
5Registration and requirements of participants and others
6Powers and duties of the administrator
7Penalties, offences and appeals
8Groups: liability to comply with this Order
CHAPTER 2The administrator and co-operation
9The administrator
10Co-operation and provision of information
PART 2Registration as a participant
CHAPTER 1General
11Applications, information and charges
12Time for applications
13Registration and certificates
CHAPTER 2Public bodies
14Government departments and the devolved administrations
15Other public bodies
16Public bodies: applications by groups
17Public bodies: applications other than by groups
18Determinations by the administrator
CHAPTER 3Universities and colleges: England
19Universities and colleges: England
20Qualifying electricity
21Universities and colleges: groups
22Applications
CHAPTER 4Undertakings
23Groups of undertakings
24Undertakings: applications by groups
25Undertakings: applications by significant group undertakings
26Undertakings: applications other than by groups
27Changes to undertakings and groups
28Determinations by the administrator
PART 3Exemptions
29CCA emissions and target periods
30Total emissions
31Electricity generating credit
32Member CCA exemptions
33General CCA exemptions
34Group CCA exemptions
35Requirements for exemptions to apply: general
36Requirements for exemption to apply: exception
37Effect of exemptions and records
38Loss of exemptions and further exemptions
PART 4Footprint reports and residual measurement lists
39Provision of footprint reports
40Member CCA exemptions
41Footprint emissions
42Requirement for residual measurement lists
43Residual percentage
44Content of residual measurement lists
45Compilation of residual measurement lists
46Changes affecting participants
PART 5Annual reports
47Provision of annual reports
48Member CCA exemptions
49Annual report
50CRC emissions
51Changes affecting participants
PART 6Allowances and CRC emissions
52Validity of allowances
53Allowances and CRC emissions
54Cancellation of allowances and surplus surrendered allowances
55Allowances and trading
56Community tradeable emissions allowances
PART 7Records
57General
58Records: general
59Records: residual measurements lists and public disclosure
60Audit of records
PART 8Information and assistance requirements
61Supplies of electricity, gas and fuel under Part 8
62Information on half hourly meters and amount of supplies
63Information on electricity and gas supplied from authorised suppliers holding a licence
64Information from electricity suppliers
65Assistance by occupiers
66Information and assistance by franchisees
67Information and assistance: public bodies
PART 9Administration of the scheme
68The Registry
69Security of the Registry
70Security and identities
71Preventing or suspending use of the Registry
72Cancellation of registrations of participants
73Account holders
74Determinations
PART 10Achievement and performance tables, publication and verification
75Achievement tables
76No information on relative change and early action
77Performance tables
78Publication
79Verification
80Further publication
PART 11Charging
81Charges
82Chargeable activities
83Amount of charges
84Revised charges
85Collection and remittance of charges
PART 12Monitoring compliance
86Compliance notices
87Inspections
PART 13Enforcement
88Powers of the administrator in respect of enforcement
89Authorised persons
90Notices to provide information: compliance with articles 58 and 59
91Enforcement notices
PART 14Civil penalties
92Civil penalties
93Recovery of civil penalties
94Waiver and modification of civil penalties
95Failures in respect of registration
96Failures in respect of footprint reports
97Failures in respect of annual reports
98Failures to provide information or notifications
99Inaccurate footprint reports and annual reports
100Failures to surrender allowances contrary to Part 6
101Later discovered failures to surrender allowances contrary to Part 6
102Failures to maintain records
103Failures to provide information on half hourly meters under article 62
104Failures to provide information under article 64
105Blocking and publication
PART 15Criminal offences and penalties
106Offences
107Penalties
108Bodies corporate
109Scottish partnerships
110The Crown
PART 16Appeals, service of notices and national security
111Appeals
112Service of documents and periods to comply
113National security
SCHEDULE 1Supplies and emissions
SECTION 1Electricity, gas and fuels: general
1Electricity
2Gas
3Fuels
4Fuels table
5Measurement units
SECTION 2Electricity and gas: self-supply
6Self-supply of electricity by generators, transmitters, distributors and authorised suppliers
7Self-supply by authorised gas suppliers
SECTION 3Franchise agreements
8Supplies under franchise agreements
9Franchise agreements
10Franchise agreements not existing
11Supplies to franchisees regarded as supplies to franchisors
SECTION 4Deductions from supplies
12Deductions from supplies
13Unconsumed supply
14Occupation of premises
15Consumption outside the United Kingdom
16Domestic accommodation
17Caravan sites: accommodation
18Emergency and temporary accommodation
19Transport consumption
20Un-metered transport supply: electricity
21Un-metered transport supply: gas
22Purposes of transport
SECTION 5Deductions from supplies during the first phase in Northern Ireland
23Application of section 5
24Public lighting supplies
SECTION 6Additions to supplies: estimation adjustments
25Additions to supplies
26Estimation adjustment: electricity and gas
27Estimation adjustment: fuels
SECTION 7Renewables generation and amount of emissions from supplies
28Renewables generation: electricity
29Amount of emissions
30Conversion factors
31Revisions to conversion factors
SCHEDULE 2Core supplies
SECTION 1Core electricity supplies
1Core electricity supplies
2Settled half hourly meters
3Non-settled half hourly meters
4Non-domestic meters
5Dynamic supply
SECTION 2Core gas supplies
6Core gas supplies
7Daily meters
8Hourly meters
9Large gas point meters
SCHEDULE 3Public bodies
SECTION 1Interpretation
1Public bodies
2Public authorities and the National Assembly for Wales Commission
3Public bodies: bodies corporate
4Public bodies: proprietors of Academies and colleges
5Public bodies: one public body part of another
SECTION 2Public bodies: groups
6Groups and members
7Bodies corporate
8Educational bodies: England and Wales
9Grant-aided schools: Northern Ireland
SECTION 3Public bodies: government and local authority decisions
10Government and local authority decisions
11The Scottish Ministers
12The Welsh Assembly Government and Welsh Ministers
13Northern Ireland departments
14Government decisions
15Government decisions: supplies and departments
16Local authority decisions
17Notification of government and local authority decisions
SCHEDULE 4Undertakings and significant group undertakings
Undertakings and significant group undertakings
1Undertakings
2Significant group undertakings
3Significant group undertakings: movement between groups during a phase
4Significant group undertakings as participants
SCHEDULE 5Information
SECTION 1Information on registration
1General
2Contact information
3Where the applicant is a group of undertakings—
4Where the applicant is a group of public bodies, the...
5The name, postal address, email address and telephone number of...
6Total supplies of qualifying electricity
7Exemptions
SECTION 2Information in footprint years
8General
9Supplies
10Residual measurement list and residual supplies
11Electricity generating credit and renewables generation
12EU ETS and CCA emissions
13Decisions in respect of domestic accommodation and un-metered transport supplies
SCHEDULE 6Changes to participants
PART 1Public bodies: government
SECTION 1Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
1Application of Part 1
2Notifications and applications: time to comply and the administrator
SECTION 2Creation of new departments
3Creation of a new department
4Creation of a new department: year 1
5Creation of a new department: year 2
6Creation of a new department: after year 2
7Deemed supplies of the new department
SECTION 3Transfers of parts of government departments, Northern Ireland departments or the Scottish Ministers
8Transfer of part of a department to another department
9Transfers: year 1
10Transfers: year 2
11Deemed supplies
SECTION 4Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government
12Mergers of departments
SECTION 5Government decisions and separate participation
13Government decisions
14Separate participants: year 1
PART 2Other public bodies
1Application of Part 2
2Notifications and applications: time to comply and the administrator
3Mergers of public bodies
PART 3Undertakings
SECTION 1Post-qualification period
1Time for applications
2Significant group undertakings leaving a group but not joining another group
3Joining of undertakings with a group which is not required to register as a participant
4Joining of undertakings with a group which is required to register as a participant
5Significant group undertakings transferring between groups
SECTION 2Footprint years and annual reporting years
6Application and general changes during footprint years and annual reporting years
7Notifications and applications: time to comply and the administrator
8Determinations
9Significant group undertakings becoming participants
10Joining of a participant or significant group undertaking with a non-participant
11Joining of a participant as a member of another participant
12Significant group undertakings transferring to another participant
SCHEDULE 7The Registry
1Setting up accounts
2Account holders and information
3Recording of transfers between accounts
4Updating of accounts
5Non-compliance accounts and third party accounts
SCHEDULE 8Achievement and performance tables
1Absolute change in CRC emissions
2Relative change in CRC emissions
3Historic average of CRC emissions and reported or determined CRC emissions
4Adjustments to CRC emissions
5Early action
SCHEDULE 9Powers of entry and inspection
SECTION 1
1Powers of entry and inspection
2In any case where it is proposed to enter any...
3Where an authorised person proposes to enter any premises and—...
4In relation to any premises belonging to or used for...
5Where an authorised person proposes to exercise the power conferred...
6Before exercising the power conferred by paragraph 1(g), an authorised...
7No answer given by a person in pursuance of a...
8Nothing in paragraph 1 compels the production by any person...
SECTION 2Warrants, evidence and compensation
9Entry and inspection under warrant
10The conditions mentioned in paragraph 9 are—
11In a case where paragraph 2 applies, a justice of...
12Every warrant under paragraph 9 continues in force until the...
13An authorised person must produce evidence of that person’s authorisation...
14A person who, in exercise of the power, enters on...
15Compensation in respect of entry and inspection
16Compensation is not payable by virtue of paragraph 15 in...
17Any dispute as to a person’s entitlement to compensation under...
18An authorised person is not to be liable in any...
SCHEDULE 10Appeals
1Except where paragraph 4, 5 or 6 applies, the appeal...
2Under paragraph 1, where the determination, notice or penalty is...
3Paragraph 4 applies where an appeal is made by an...
4Where this paragraph applies, the appeal body is an independent...
5Where an appeal is made by an applicant or participant...
6Where a determination, notice or penalty is made or given...
7An appellant must give written notice of the appeal together...
8An appeal must be received by the appeal body no...
9The appeal body may decide an appeal received late.
10An appellant may withdraw an appeal by notifying the appeal...
11The bringing of an appeal— (a) except where the appeal...
12The appeal body may— (a) in respect of a determination,...
13The appeal body may publicise the appeal where it considers...
14The appeal body may— (a) adopt such procedures as it...
15On request by the administrator, the appeal body may award...
16The costs under paragraph 15— (a) are those agreed by...
17In this Schedule, “independent person” means a person who has...
SCHEDULE 11Service of documents
1The provisions of this Schedule apply to the service of...
2A document must be in writing.
3Subject to paragraph 5, a document may be served on...
4For the purposes of paragraph 3, a document is served...
5A document may be served on an applicant or participant...
6Except where paragraph 5 applies, if a person to be...
7In paragraphs 3 and 6, “proper address” means in the...
8For the purposes of paragraph 7, the principal office of...
9Where— (a) a participant is a group; and

2010 No. 768

Climate Change

The CRC Energy Efficiency Scheme Order 2010

Made

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 17th day of March 2010

Present,

The Queen’s Most Excellent Majesty in Council

Whereas:

a

the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of the Environment of Northern Ireland have in accordance with section 48 of and paragraph 10 of Schedule 3 to the Climate Change Act 20081—

i

obtained, and taken into account, the advice of the Committee on Climate Change in respect of this Order; and

ii

consulted such persons likely to be affected by this Order as they considered appropriate;

and

b

in accordance with paragraph 11 of Schedule 3 to the Climate Change Act 2008, a draft of the statutory instrument containing this Order has been approved by resolution of each House of Parliament, the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly,

Her Majesty, in exercise of the powers conferred by sections 44 and 46(3) of and Schedule 2 and paragraph 9 of Schedule 3 to the Climate Change Act 2008, is pleased, by and with the advice of Her Privy Council, to order as follows: