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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 9
- Regulation 80
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Greenhouse Gas Emissions Trading Scheme Regulations 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 80:
- 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. 80(2) words substituted by S.I. 2020/1369 reg. 33(a)(i)
- reg. 80(2)(b) and word omitted by S.I. 2020/1369 reg. 33(a)(ii)
- reg. 80(3) words substituted by S.I. 2020/1369 reg. 33(b)
- reg. 80(4) words omitted by S.I. 2020/1369 reg. 33(c)(i)
- reg. 80(4) words substituted by S.I. 2020/1369 reg. 33(c)(ii)
- reg. 80(5) words omitted by S.I. 2020/1369 reg. 33(d)
- reg. 80(6) omitted by S.I. 2019/1440 reg. 24(2) (This amendment not applied to legislation.gov.uk. Reg. 24(2) omitted (31.1.2020) by virtue of S.I. 2020/18, regs. 1, 14(2))
- reg. 80(9) omitted by S.I. 2020/1369 reg. 33(e)
- reg. 80(9) words omitted by S.I. 2019/107 reg. 48(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. 80(10) words substituted by S.I. 2020/1369 reg. 33(f)
- reg. 80(11) omitted by S.I. 2019/1440 reg. 24(2) (This amendment not applied to legislation.gov.uk. Reg. 24(2) omitted (31.1.2020) by virtue of S.I. 2020/18, regs. 1, 14(2))
- reg. 80(11) omitted by S.I. 2020/1369 reg. 33(g)
- reg. 80(12) omitted by S.I. 2019/1440 reg. 24(2) (This amendment not applied to legislation.gov.uk. Reg. 24(2) omitted (31.1.2020) by virtue of S.I. 2020/18, regs. 1, 14(2))
- reg. 80(13) words omitted by S.I. 2020/1369 reg. 33(h)
- reg. 80(15) word inserted by S.I. 2019/1440 reg. 24(3)(a)
- reg. 80(15) word omitted by S.I. 2019/1440 reg. 24(3)(b)
- reg. 80(15) words omitted by S.I. 2019/107 reg. 48(c)(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))
- reg. 80(15)(a) words omitted by S.I. 2019/107 reg. 48(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))
- reg. 80(16) words substituted by S.I. 2020/1369 reg. 33(i)
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))
The Union RegistryU.K.
This section has no associated Explanatory Memorandum
80.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) It is the duty of the account holder to comply with the requirement to enter emissions data in accordance with [F2Article 35(2)]; furthermore, an amount of zero must be entered by the account holder if the latter is—
(a)an operator who carried out no regulated activity in the year to which the data would relate; or
(b)a UK administered operator who carried out no aviation activity in that year.
(3) The verifier is responsible under [F3Article 35(4) and (5)] for—
(a)approving the annual verified emissions; and
(b)marking the emissions as verified.
(4) The operator or the UK administered operator is responsible for complying with the requirement under [F4Article 16(1) or 17(1)] to provide information to the registry administrator and request the opening of a registry account.
(5) In complying with the requirement mentioned in paragraph (4), the operator or the UK administered operator must provide such evidence of identity and address as may be required by the registry administrator.
(6) Where—
(a)an operator fails to comply with regulation 41, or
(b)a UK aircraft operator fails to comply with regulation 42,
the registry administrator must set the relevant registry account to blocked status until the compliance status figure for the installation or UK aircraft operator, calculated in accordance with [F5Article 37], is greater than or equal to zero.
(7) This paragraph applies where—
(a)an operator is required to submit a report to the regulator by the terms of a notice of surrender or a revocation notice; and
(b)the operator—
(i)fails to submit the report to the regulator within the time specified in the report;
(ii)submits an incomplete report to the regulator within the time so specified; or
(iii)submits within the time so specified a report to the regulator that cannot be verified in whole or in part in accordance with the monitoring and reporting requirements for the installation.
(8) Where paragraph (7) applies, the registry administrator must set the relevant operator holding account to blocked status until—
(a)the report has been prepared and verified in accordance with the requirements of paragraph 4(1)(b) or 5(1)(b) of Schedule 4 and has been submitted to the regulator; or
(b)the regulator has notified, in accordance with regulation 44(4)(a), a determination of the reportable emissions referred to in paragraph 4(1)(a) or 5(1)(a) of that Schedule.
(9) Where an operator is in breach of the requirement to comply with a notice given under paragraph 11(2) of Schedule 6 or paragraph 10(2) of Schedule 7, the registry administrator must set the operator holding account to blocked status until that notice has been complied with.
(10) Where the registry administrator sets a registry account to blocked status pursuant to paragraph (6), (8) or (9) it must notify the account holder specifying the reason why, and the period during which, the relevant registry account will be blocked.
(11) The regulator must, as soon as is reasonably practicable, notify the registry administrator where a change to the allocation table or aviation allocation table becomes necessary—
(a)by virtue of [F6Article 52(1) or 55(1)], or
[F7(b)for any other reason (and in particular in consequence of paragraph 8(1) or 8(5) of Schedule 5, paragraph 5 or 10 of Schedule 6, or paragraph 6 or 11 of Schedule 6A).]
(12) The registry administrator must, as soon as is reasonably practicable, notify the European Commission in accordance with [F8Article 52(2) or 55(2)] of any changes to the allocation table or aviation allocation table (other than those falling within paragraph (11)(a)).
(13) This paragraph applies where—
(a)a notice of surrender or a revocation notice has been given and has taken effect; and
(b)the operator is unable to comply with the requirement to surrender allowances imposed by that notice by the date specified in the notice, due to the suspension of access to the relevant registry account by the registry administrator pursuant to Article 31.
(14) Where paragraph (13) applies, the registry administrator must, if so requested by the operator, surrender the number of allowances specified in the notice of surrender or the revocation notice.
(15) The registry administrator or the KP registry administrator may refuse to—
(a)open any account in the Union Registry or the UK Registry, or
(b)approve an authorised representative or an additional authorised representative in relation to such an account,
where it is satisfied that the proposed account holder, authorised representative or additional authorised representative is not a fit and proper person to hold such an account or, as the case may be, act as such a representative.
(16) The registry administrator may extend the suspension of the running of delays under [F9Article 39(3)] to all days in a scheme year that are not working days, provided that the decision to do so is published by the registry administrator by 1st December in the previous scheme year.
Textual Amendments
F1Reg. 80(1) omitted (31.1.2014) by virtue of The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(a)
F2Words in reg. 80(2) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(b)
F3Words in reg. 80(3) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(c)
F4Words in reg. 80(4) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(d)
F5Words in reg. 80(6) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(e)
F6Words in reg. 80(11) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(f)
F7Reg. 80(11)(b) substituted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 11
F8Words in reg. 80(12) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(g)
F9Words in reg. 80(16) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 5(8)(h)
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