The Greenhouse Gas Emissions Trading Scheme Regulations 2012
PART 1General
1Citation and commencement
2Duty to review these Regulations
3Interpretation
4Application to the Crown etc.
5Notices etc.
6Applications etc.
7Functions of the regulator: Northern Ireland
8Commission Regulations: designations
PART 2Stationary installations
CHAPTER 1Permits
9Requirement for permit to carry out regulated activities
10Applications for and grant of permits
11Review, variation and consolidation of permits
12Transfer of permits
13Surrender of permits
14Revocation of permits
CHAPTER 2Excluded installations: further provision
15Excluded installations
CHAPTER 3Allocation of allowances
16Allocation of allowances for 2013 to 2020
CHAPTER 4Offshore installations
17Powers of entry
18Charging schemes
19Charging schemes: supplementary
PART 3Aviation
CHAPTER 1General
20Interpretation
21Civil Aviation Authority
CHAPTER 2UK administered operators, UK aircraft operators and regulators
22UK administered operators: power to designate
23Application to be designated as a UK administered operator
24Transfers of operators between member States
25Gibraltar operators
26UK aircraft operators
27Regulators: general
28Regulators: assessment of emissions
29Regulators: change in registered office
CHAPTER 3Allocation of aviation allowances
30Allocation of aviation allowances
CHAPTER 4Monitoring and reporting aviation emissions
31Interpretation
32Application for an emissions plan by a UK administered operator
32AApplication for an emissions plan by a UK administered operator: activities during 2015 to 2023
32BApplication for an emissions plan by a UK administered operator: post-2023 activities
32CApplication for an emissions plan by a UK administered operator: general
33Requirement to notify the regulator if an emissions plan is not applied for before 1st January 2015
33ARequirement to notify the regulator if an emissions plan is not applied for on or after 1st January 2015
34Issue of an emissions plan
35Monitoring and reporting emissions
36Emissions plan conditions
37Variation of an emissions plan
38Variation of a benchmarking plan
CHAPTER 5Sanctions (other than civil penalties)
39Detention and sale of aircraft
40Aircraft operating bans
PART 4Surrender of allowances
41Surrender of allowances: operators of installations
42Surrender of allowances: UK aircraft operators
42ASurrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years
42BSurrender of a deficit of allowances: UK administered operators
PART 5Enforcement etc.
43Enforcement notices
44Power to determine reportable emissions
PART 6Information
45Provision of information
46Disclosure of information
47National security
PART 7Civil Penalties
48Interpretation
49Carbon Price
50Penalty notices
51Discretion in imposing civil penalties
52Carrying out a regulated activity contrary to regulation 9
53Failure to comply with a condition of a permit
54Failure to surrender allowances
55Exceeding an emissions target for an excluded installation
56Failure to pay a penalty for exceeding an emissions target for an excluded installation
57Under-reporting of emissions from an excluded installation
58Failure to notify when an excluded installation ceases to meet the criteria for being excluded
58AFailure to notify when an excluded installation has had a significant capacity reduction or partial cessation of regulated activities
58BFailure to notify when the operator of an excluded installation has suspended the carrying out of regulated activities at the installation
59Failure to surrender a permit
60Failure to submit or resubmit an application for an emissions plan
61Failure to notify the regulator if an emissions plan is not applied for
62Failure to comply with a condition of an emissions plan
63Failure to monitor aviation emissions
64Failure to report aviation emissions
65Failure to provide assistance and advice
66Failure to comply with a direction relating to an operating ban
67Failure to return allowances
68Failure to comply with an enforcement notice
69Failure to comply with an information notice
70Providing false or misleading information
71Publication of names of persons subject to penalties under regulation 54(1)
PART 8Appeals
CHAPTER 1General
72Interpretation
73Rights of appeal
74Rights of appeal: registries
75Appeal body
76Effect of an appeal
77Determination of an appeal
CHAPTER 2Appeals: Scotland and Northern Ireland
78Procedure for appeals
PART 9The Union Registry and the UK Registry
79Interpretation
80The Union Registry
81The UK Registry
PART 10Supplementary
82Recovery of fees
83Consequences of non-payment
84Guidance
PART 11Revocations, savings and transitional provisions.
85Revocations
86Savings and transitional provisions: the 2005 Regulations
87Savings and transitional provisions: the 2010 Regulations
87AObligations in relation to aviation emissions arising before 2013
87AAObligations in relation to aviation emissions arising before 2013: deficits
87BUnreported emissions arising before 2013
88Transitional provisions: permits
89Transitional provisions: aviation emissions plans
SCHEDULE 1Application to the Crown etc.
1Crown application
2Entry to Crown premises
3Service on certain Crown operators
SCHEDULE 2Notices etc.
1In this Schedule, “instrument” means any notice or direction served...
2An instrument must be in writing.
3An instrument may be served on or given to a...
4In the case of a body corporate, an instrument may...
5In the case of a partnership, an instrument may be...
6If a person (“Q”) to be served with or given...
7For the purposes of this Schedule, “proper address” means (subject...
8For the purposes of paragraph 7, where a body corporate...
9(1) Where for the purposes of paragraph 7 the person...
10The provisions of this Schedule do not apply where a...
SCHEDULE 3Applications etc.
1Applications etc.: general
2Determination of applications
SCHEDULE 4Permits
1Applications for permits
2Content of a greenhouse gas emissions permit
3Transfer of permits
4Surrender of permits
5Revocation of permits
SCHEDULE 5Excluded installations
1Interpretation
2Conversion of a greenhouse gas emissions permit
3Content of an excluded installation emissions permit
4Activities during 2012: duty to notify regulator
5Emissions target: duty not to exceed
6Emissions target: increase in the capacity of an excluded installation
7Banking an overachieved emissions target
8Termination of an excluded installation emissions permit
9End of excluded installation status
SCHEDULE 6Allocation and adjustment of allowances
1Interpretation
1AApplication
2Application for an allocation from the new entrant reserve: new entrants
3Application for an allocation from the new entrant reserve: significant capacity extensions
4Notification of preliminary annual number of allowances: new entrants and significant capacity extensions
5Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions
6Adjustment of allocation: significant capacity reductions
7Adjustment of allocation to an installation: permanent cessations of regulated activities
8Adjustment of allocation to an installation: partial cessation of regulated activities
9Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities
10Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities
11Recovery of allowances
SCHEDULE 6AAllocation and adjustment of allowances: installations which cease to be excluded installations
1Application of this Schedule
2Interpretation
3Notification of end of excluded installation status: no significant capacity reduction or partial cessation
4Application for an allocation from the new entrant reserve: significant capacity extensions of excluded installations
5Notification of preliminary annual number of allowances: significant capacity extensions of excluded installations
6Calculation of final total annual amount of allowances allocated free of charge: significant capacity extensions of excluded installations
7Adjustment of allocation: significant capacity reduction of excluded installation
8Adjustment of allocation: permanent cessation of regulated activities at an excluded installation
9Adjustment of allocation to an installation: partial cessation of regulated activities of excluded installation
10Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities
11Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities
12Recovery of allowances
SCHEDULE 7Allocation of aviation allowances
1Purpose of this Schedule
1AInterpretation
2Application for a benchmarking plan
3Issue of a benchmarking plan
4Amendment of a benchmarking plan
5Monitoring tonne-kilometre data
6Reporting tonne-kilometre data
7Submission of the report to the Secretary of State and the European Commission
8Publication of aviation allowances
9Force majeure
10Recovery of allowances
SCHEDULE 8Allocation of aviation allowances from the special reserve
1Purpose of this Schedule
2Application for a benchmarking plan
3Issue of a benchmarking plan
4Amendment of a benchmarking plan
5Monitoring tonne-kilometre data
6Application for an allocation of allowances
7Submission of an application to the Secretary of State and to the European Commission
8Publication of aviation allowances from the special reserve
9Maximum allocation of aviation allowances from the special reserve
SCHEDULE 9Detention and sale of aircraft
1Interpretation
2Sale following detention of aircraft
3Release of aircraft
4Court procedures
5Proceeds of sale
6Equipment and documents
7Assistance of aerodrome operator
8Procedure for applying for leave to sell an aircraft
SCHEDULE 10Aircraft operating bans
1Application for an operating ban
2Enforcement of an operating ban
SCHEDULE 11Appeals to the Scottish Ministers
PART 1
1(1) Any person who wishes to appeal to the Scottish...
2(1) Subject to sub-paragraph (2), notice of appeal in accordance...
3(1) The regulator must, within 16 days of receipt of...
4(1) Before determining an appeal, the appeal body may afford...
5(1) Where an appeal under regulation 73(1) is to be...
6(1) The appeal body must give notice to the appellant...
7Where an appeal is made against the refusal of an...
8Where the appeal body's determination of an appeal is quashed...
9In this Part— (a) “affected party” means an interested party—...
PART 2
10In this Part— “appointed person” means a person appointed under...
11An appointment must be in writing and—
12Subject to the provisions of this Part, an appointed person,...
13(1) If the appellant, the regulator or any person whose...
14(1) Where— (a) under paragraph 11(c) the appointment of the...
15(1) Anything done or omitted to be done by an...
SCHEDULE 12Appeals (Northern Ireland)
1(1) A person who wishes to appeal to the Planning...
2Notice of appeal in accordance with paragraph 1 is to...
3(1) The appeals commission must determine the appeal and paragraphs...
4An appeal under this Schedule must be accompanied by a...

2012 No. 3038

Climate Change

The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Made

Laid before Parliament

Coming into force

The Secretary of State is a Minister designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the environment.

In accordance with section 2(4) of the Pollution Prevention and Control Act 1999 (“the 1999 Act”) F3, the Secretary of State has consulted the Environment Agency, the Scottish Environment Protection Agency, and such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses, and such other bodies and persons, as the Secretary of State considers appropriate.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for the references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.

Accordingly the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of and Schedule 1 to the 1999 Act F4 and by section 2(2) of the European Communities Act 1972, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 F5, makes the following Regulations F6:

Annotations:
Amendments (Textual)
F2

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

F4

Paragraph 9A of Schedule 1 was inserted by S.I. 2005/925, and amended by S.I. 2012/2788, There are other amendments to Schedule 1 which are not relevant to these Regulations.

F5

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

F6

Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.