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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 4
- Regulation 42B
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Changes and effects yet to be applied to Regulation 42B:
- Regulations modified by 2019 c. 1 s. 79(5)
- Regulations modified by S.I. 2020/1369 reg. 45
- Regulations revoked in part by S.I. 2021/511 reg. 12
- reg. 42B omitted by S.I. 2020/1369 reg. 10(c)
- reg. 42B(1) words inserted by S.I. 2019/107 reg. 29(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 42B(4)(a)(i) words omitted by S.I. 2019/107 reg. 29(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 42B(4)(a)(ii) omitted by S.I. 2019/107 reg. 29(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 4 para. 3(2A) inserted by S.I. 2019/107 reg. 54(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 4(1A) inserted by S.I. 2019/107 reg. 54(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 4 para. 5(1A) inserted by S.I. 2019/107 reg. 54(e)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A) inserted by S.I. 2019/107 reg. 55(d)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 7(A1) inserted by S.I. 2019/107 reg. 55(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- Sch. 5 para. 6(2A)(2B) inserted by S.I. 2019/1440 reg. 29(8)(d)
- Sch. 5 para. 7(8) inserted by S.I. 2019/1440 reg. 29(9)(e)
- Sch. 5 para. 8(6A) inserted by S.I. 2019/1440 reg. 29(10)(c)
- Sch. 5A inserted by S.I. 2019/1440 Sch.
- Sch. 5A para. 5(4) word omitted (cond.) by virtue of S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 5A para. 5(3) words substituted (cond.)by S.I. 2019/1440, Sch. (as amended) by S.I. 2020/18 reg. 16(2)
- Sch. 6 para. 1A(1)(e) inserted by S.I. 2019/107 reg. 56(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 1A inserted by S.I. 2020/1369 reg. 3
- reg. 3(1A)-(1C) inserted by S.I. 2019/644 reg. 2(3)
- reg. 3(2)(ba) inserted by S.I. 2019/1440 reg. 3(3)(b)(ii)
- reg. 8(9)(10) omitted by S.I. 2020/1369 reg. 6(e)
- reg. 8(10) inserted by S.I. 2019/1440 reg. 4(5)
- reg. 9(1) reg. 9 renumbered as reg. 9(1) by S.I. 2019/1440 reg. 5(2)
- reg. 9(2) inserted by S.I. 2019/1440 reg. 5(3)
- reg. 10(3A) inserted by S.I. 2019/1440 reg. 6(3)
- reg. 12A inserted by S.I. 2020/1369 reg. 8
- reg. 13(1A) inserted by S.I. 2020/1369 reg. 9(a)
- reg. 14(1)(b)(i) words substituted in earlier amending provision S.I. 2019/1440, reg. 10 by S.I. 2020/1369 reg. 44(c)
- reg. 15(A1)-(C1) inserted by S.I. 2019/1440 reg. 11(3)
- reg. 15(C1) words substituted (temp.) by S.I. 2019/1440, reg. 11(3) (as amended) by S.I. 2020/18 reg. 12(2)
- reg. 15A inserted by S.I. 2019/1440 reg. 12
- reg. 22(1A) inserted by S.I. 2019/107 reg. 11(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 23(5) inserted by S.I. 2019/107 reg. 12 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 44(5A)-(5D) inserted by S.I. 2019/1440 reg. 18(5)
- reg. 44(5A) words omitted by S.I. 2020/1369 reg. 12(c)
- reg. 44(5C)(a) words omitted by S.I. 2020/1369 reg. 12(d)(i)
- reg. 44(5C)(b) words omitted by S.I. 2020/1369 reg. 12(d)(ii)
- reg. 44(5D)(a) words omitted by S.I. 2020/1369 reg. 12(e)
- reg. 45(6)(f) and word inserted by S.I. 2019/1440 reg. 19(c) (This amendment not applied to legislation.gov.uk. Regs. 19(c) omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(e))
- reg. 45(6)(ea) and word inserted by S.I. 2020/1369 reg. 13(d)
- reg. 52(2A) inserted by 2019 c. 1 s. 76(2)
- reg. 53A inserted by S.I. 2020/1369 reg. 19
- reg. 54(2A) inserted by S.I. 2019/1440 reg. 20(2)
- reg. 54(2A)(a)(b) omitted by S.I. 2020/1369 reg. 20(b)
- reg. 54(7)(ca) inserted by S.I. 2019/1440 reg. 20(6)(b)
- reg. 54(7)(ca)(i) words omitted by S.I. 2020/1369 reg. 20(c)(ii)(aa)
- reg. 54(7)(ca)(ii) omitted by S.I. 2020/1369 reg. 20(c)(ii)(bb)
- reg. 54(9)(10) inserted by S.I. 2019/1440 reg. 20(7)
- reg. 58ZA 58ZB inserted by S.I. 2019/1440 reg. 22
- reg. 58ZB(4) word substituted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(a)
- reg. 58ZB(4) words omitted in earlier amending provision S.I. 2019/1440, reg. 22 by S.I. 2020/1369 reg. 44(f)
- reg. 58ZB(5)(b) word omitted (cond.) by virtue of S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(ii)
- reg. 58ZB(5)(b) words inserted (cond.) by S.I. 2019/1440, reg. 22 (as amended) by S.I. 2020/18 reg. 13(2)(b)(i)
- reg. 80(A1) inserted by S.I. 2019/107 reg. 48(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
- reg. 84A inserted by S.I. 2019/1440 reg. 25
- reg. 84A omitted by S.I. 2020/1369 reg. 36
- reg. 87B(5)(ea) inserted by S.I. 2019/1440 reg. 26(3)(c)
- reg. 90 inserted by S.I. 2019/107 reg. 53 (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
[F1Surrender of a deficit of allowances: UK administered operatorsU.K.
This section has no associated Explanatory Memorandum
42B.—(1) Paragraphs (2) and (3) apply where a deficit arises in respect of compliance by a UK administered operator with regulation 42A(1) or 42A(2) for a scheme year (the “non-compliance year”).
(2) Where the deficit does not result from an error in the verified emissions report submitted by the UK administered operator, the amount of allowances or aviation allowances that the UK administered operator is required to surrender under regulation 42A(2) for the recovery year is increased by an amount of allowances or aviation allowances equal to the deficit.
(3) Where the deficit results from an error in the verified emissions report submitted by the UK administered operator, the amount of annual reportable emissions of the UK administered operator in the year in which the error is discovered, for the purpose of regulation 42A(2), is increased by an amount of annual reportable emissions equal to the deficit.
(4) In this regulation—
(a)“deficit” means a shortfall in the number of allowances or aviation allowances surrendered, calculated as—
(i)where the non-compliance year is any scheme year beginning with 2013 and ending with [F22023], 
, where—
‘x’ is the amount of annual reportable emissions arising in the non-compliance year;
‘y’ is the amount of excluded aviation emissions arising in the non-compliance year (expressed in tonnes of carbon dioxide equivalent); and
‘z’ is the amount of allowances or aviation allowances which the UK administered operator surrendered for the non-compliance year; and
(ii)where the non-compliance year is any scheme year beginning with [F32024], 
, where—
‘x’ is the amount of annual reportable emissions arising in the non-compliance year; and
‘y’ is the amount of allowances or aviation allowances which the UK administered operator surrendered for the non-compliance year; and
(b)the “recovery year” means, in respect of a failure to comply with—
(i)regulation 42A(1), the scheme year 2015; or
(ii)regulation 42A(2), the scheme year following the non-compliance year.]
Textual Amendments
F1Regs. 42A, 42B inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 13
F2Word in reg. 42B(4)(a)(i) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(8)(a)
F3Word in reg. 42B(4)(a)(ii) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(8)(b)
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