2019 No. 644
The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the environment.
In accordance with section 2(4) of the Pollution Prevention and Control Act 19993, the Secretary of State has consulted the Environment Agency, the Natural Resources Body for Wales, 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.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999, and by section 2(2) of the European Communities Act 1972, makes the following Regulations4:
Citation and commencement1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019 and come into force on 25th March 2019.
Amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 20122
1
The Greenhouse Gas Emissions Trading Scheme Regulations 20125 are amended in accordance with paragraphs (2) to (6).
2
In regulation 3(1), after the definition of “the 2010 Regulations” insert—
“the 2018 surrender deadline” means, subject to paragraphs (1A) to (1C), 10.59 pm on 29th March 2019;
3
After regulation 3(1), insert—
1A
This paragraph applies if at any time before 10.59 pm on 29th March 2019 an enactment (“enactment 1”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the European Union (Withdrawal) Act 20186 (“the 2018 Act”), is to be a date after 29th March 2019.
1B
This paragraph applies where—
a
paragraph (1A) applies; and
b
at any time on or after 10.59 pm on 29th March 2019 but before the 2018 surrender deadline which applies in relation to enactment 1, a subsequent enactment (“enactment 2”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the 2018 Act, is to be a date after the date provided for in enactment 1,
and in the event of an enactment subsequent to enactment 2, the references in sub-paragraph (b) to enactment 1 are to be read as references to enactment 2 and so on.
1C
Where paragraph (1A) or paragraph (1B) applies—
a
if exit day is a day falling before 1st May 2019, the 2018 surrender deadline is immediately before the UK’s exit from the European Union; and
b
if exit day is a day falling on or after 1st May 2019, the 2018 surrender deadline is 30th April 2019.
4
In regulation 42A(2)(a), for “26th March 2019” substitute “the 2018 surrender deadline”.
5
In regulation 54(7)(b)(i), for “26th March 2019” substitute “the 2018 surrender deadline”.
6
In paragraph 2(4)(a) of Schedule 4, for “26th March 2019” substitute “the 2018 surrender deadline”.
(This note is not part of the Regulations)