Made | 23rd March 2005 | ||
Laid before Parliament | 30th March 2005 | ||
Coming into force | 21st April 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application of these Regulations to the Crown |
4. | Notices |
5. | Applications |
6. | Functions of the regulator: Northern Ireland |
7. | Requirement for greenhouse gas emissions permit to carry out Schedule 1 activities |
8. | Applications for greenhouse gas emissions permits |
9. | Determination of applications and grant of greenhouse gas emissions permits |
10. | Conditions of greenhouse gas emissions permits |
11. | Excluded installations |
12. | Proposed change in operation |
13. | Commencement of a Schedule 1 activity |
14. | Variation of provisions of greenhouse gas emissions permits |
15. | Transfer of greenhouse gas emissions permits |
16. | Applications to surrender a greenhouse gas emissions permit |
17. | Revocation of greenhouse gas emissions permits |
18. | Fees and charges |
19. | Charging scheme for offshore installations |
20. | National Allocation Plans |
21. | Allocation and issue of allowances |
22. | Application for an allocation from the new entrant reserve |
23. | Allowance allocation where permit surrendered or revoked |
24. | Applications to retain allocation |
25. | Supplementary decisions by the regulator or the Secretary of State |
26. | Registry |
27. | Pooling |
28. | Duty of regulator to enforce compliance with monitoring and reporting conditions |
29. | Enforcement notices |
30. | Power of the regulator to determine reportable emissions |
31. | Powers of entry: offshore installations |
32. | Appeals against a decision of, or a notice served by, the regulator or registry administrator |
33. | Appeals for reconsideration of decisions |
34. | Procedure for appeals under regulations 32 and 33 |
35. | Information |
36. | Publication of a list of operators subject to penalties |
37. | National Security |
38. | Offences |
39. | Civil penalties: excess emissions |
40. | Civil penalties: understatement of reportable emissions |
41. | Civil penalties: general |
42. | Directions to regulators |
43. | Guidance to regulators |
44. | Directions to registry administrator |
45. | Guidance to the registry administrator |
46. | Agreement of Scottish Ministers, the National Assembly for Wales and the Department for Environment |
47. | Revocation and savings provisions |
48. | Consequential amendments |
SCHEDULE 1 | Activities |
PART 1 | Activities and Specified Emissions |
PART 2 | Interpretation of Schedule 1 |
SCHEDULE 2 | Appeals (other than appeals to which Schedule 4 applies) |
SCHEDULE 3 | Delegation of Appellate Functions |
SCHEDULE 4 | Appeals under regulation 32: Northern Ireland |
SCHEDULE 5 | Fees And Charges |
PART 1 | Fees in relation to the grant, variation, transfer, surrender and revocation of a greenhouse gas emissions permit |
PART 2 | Fees in respect of the allocation of allowances |
PART 3 | Registry fees |
PART 4 | Subsistence Charges |
SCHEDULE 6 | Consequential Amendments |
and references to an installation include references to part of an installation;
(2) For the purposes of these Regulations -
Application of these Regulations to the Crown
3.
- (1) Subject to the provisions of this regulation, these Regulations bind the Crown.
(2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable under regulation 38 but the High Court, or in relation to an installation in Scotland the Court of Session, may, on the application of a regulator, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding paragraph (2), the provisions of these Regulations apply to persons in the service of the Crown as they apply to other persons.
(4) If the Secretary of State certifies that it appears to her, as respects any Crown premises and any specified powers of entry exercisable under section 108 of the Environment Act 1995[14] or regulation 27 of the Northern Ireland Regulations in relation to functions conferred or imposed by these Regulations, that it is requisite or expedient that, in the interests of national security, the powers of entry should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this paragraph "specified" means specified in the certificate and "Crown premises" means premises held or used by or on behalf of the Crown.
(5) The following persons shall be treated as if they were the operator of the installation concerned for the purpose of any notice served or given or any proceedings instituted in relation to an installation operated or controlled by any person acting on behalf of the Royal Household, the Duchy of Lancaster or the Duke of Cornwall or other possessor of the Duchy of Cornwall -
Notices
4.
- (1) Any notice or other document served or given under these Regulations by an appropriate authority, a responsible authority, the Secretary of State or a regulator shall be in writing or if the person to be served with or given any such notice or document has provided an address for service using electronic communications, by electronic communications.
(2) Any such notice or other document may be served on or given to a person by -
(3) Any such notice or other document may -
(4) For the purpose of this regulation and of section 7 of the Interpretation Act 1978[15] (service of documents by post) in its application to this regulation, the proper address of any person on or to whom any such notice or other document is to be served or given shall be his last known address, except that -
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
(5) If the person to be served with or given any such notice or document has specified an address in the United Kingdom other than his proper address within the meaning of paragraph (4) as the one at which he or someone on his behalf will accept notices or documents of the same description as that notice or document, that address shall also be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as his proper address.
(6) Where a notice or document is served or given using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.
Applications
5.
- (1) A regulator may require any application or type of application made to it under any provision of these Regulations to be made on a form made available by the regulator.
(2) A form made available by a regulator under paragraph (1) shall specify the information required by the regulator to determine the application, which shall include any information required to be contained in the application by the provision of these Regulations under which the application is made.
(3) Where a regulator makes available a form under paragraph (1) in relation to the making of applications to it under a provision of these Regulations any application made to it under that provision shall be made on that form.
(4) Any application made under these Regulations may, with the agreement of the regulator, be sent to the regulator electronically.
(5) Where an application which is required to be accompanied by a fee is sent electronically, the fee may be sent to the regulator separately from the application, but the application shall not be treated as having been received by the regulator until the fee has also been received.
(6) An application made under these Regulations may be withdrawn at any time before it is determined.
(7) In its application to regulation 11 (excluded installations), paragraphs (1) to (6) shall apply as if any reference to "the regulator" were a reference to "the responsible authority".
(8) In its application to regulation 27 (pooling), paragraphs (1) to (6) shall apply as if any reference to "the regulator" were a reference to "the appropriate authority".
Functions of the regulator: Northern Ireland
6.
Any functions conferred or imposed by these Regulations on the chief inspector may be delegated by him to any inspector appointed under regulation 8(1) of the Northern Ireland Regulations.
(3) For the purpose of paragraph (2)(g), "environmental licence" means -
(4) Where an application is for a greenhouse gas emissions permit to operate more than one installation the application shall contain the information required by paragraph (2) in relation to each installation.
(5) The regulator may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified, the application shall, if the regulator gives notice to the applicant that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.
Determination of applications and grant of greenhouse gas emissions permits
9.
- (1) The regulator shall give notice of its determination of an application for a greenhouse gas emissions permit within a period of two months beginning on the date on which it received the application or within such longer period as may be agreed in writing with the applicant.
(2) For the purpose of calculating the period of two months mentioned in paragraph (1) no account shall be taken of any period beginning with the date on which notice is served on the applicant under regulation 8(5) and ending on the date on which the applicant furnishes the information specified in the notice.
(3) If a regulator fails to give notice of its determination of an application for a greenhouse gas emissions permit within the period allowed by or under paragraph (1), the application shall, if the applicant notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.
(4) Subject to paragraph (6), where an application is duly made to the regulator, the regulator shall either grant the greenhouse gas emissions permit subject to the conditions required or authorised to be imposed by regulation 10 or refuse the application.
(5) Where a regulator grants a greenhouse gas emissions permit -
the fee prescribed in Schedule 5 in respect of the grant of the permit shall be payable within a period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
(6) A greenhouse gas emissions permit shall not be granted if the regulator -
(7) A greenhouse gas emissions permit may authorise the operation of more than one installation on the same site operated by the same operator but may not otherwise authorise the operation of more than one installation.
(8) A greenhouse gas emissions permit authorising the operation of an installation shall include -
(9) Where -
the regulator may replace the permit with a consolidated permit applying to the same Schedule 1 activities and subject to the same conditions as the permit being replaced.
Conditions of greenhouse gas emissions permits
10.
- (1) There shall be included in a greenhouse gas emissions permit such conditions as the regulator considers appropriate and in particular such conditions as the regulator considers appropriate to comply with paragraphs (2) to (6).
(2) A greenhouse gas emissions permit shall include conditions concerning the monitoring and reporting of specified emissions from the installation to which it relates and, in particular -
(b) a requirement that all reports submitted pursuant to conditions imposed under sub-paragraph (ii) are verified in accordance with the criteria set out in Annex V of the Directive and that the regulator is informed of the results of any such verification; and
(c) a requirement that an operator notifies the regulator as soon as he becomes aware of any factor which might prevent him from complying with any of the conditions included in a greenhouse gas emissions permit pursuant to this paragraph.
(3) A greenhouse gas emissions permit shall contain conditions to ensure that the operator surrenders allowances equal to the annual reportable emissions from the installation within four months of the end of the scheme year during which those emissions arose.
(4) A greenhouse gas emissions permit shall provide that for the purpose of assessing compliance with a condition imposed pursuant to paragraph (3) in relation to a recovery year, the annual reportable emissions from the installation in that year shall be deemed to be increased by an amount equal to the amount of annual reportable emissions in respect of which the operator failed to comply with that condition in the non-compliance year.
(5) For the purposes of paragraph (4) -
(6) A greenhouse gas emissions permit shall contain a condition stating that in relation to any period for which the installation is an excluded installation (the "exclusion period") -
(7) Subject to paragraph (8), where an operator makes a change in operation to an excluded installation, the greenhouse gas emissions permit which relates to that installation shall, for the duration of the period for which the installation is an excluded installation, be deemed to authorise the change in operation.
(8) Paragraph (7) shall not prevent an operator from making an application under regulation 14(2) for a variation of the provisions of a greenhouse gas emissions permit which relates to an excluded installation.
(9) Regulators shall periodically review the conditions of greenhouse gas emissions permits and may do so at any time.
Excluded installations
11.
- (1) Where the European Commission has provided for the temporary exclusion of an installation under Article 27(2) of the Directive, the operator of the installation may apply to the responsible authority for a certificate stating that the installation is an excluded installation.
(2) The Secretary of State shall, within 7 days beginning on the date of a notification by the European Commission of a decision under Article 27(2) of the Directive providing for the temporary exclusion of an installation or of the publication of the decision in the Official Journal of the European Union, whichever is the earlier, publish or, as the case may be, further publish the decision in such manner as she considers appropriate.
(3) Subject to paragraph (4), an application under paragraph (1) shall be made before the expiry of the period of two months beginning with the date on which the Secretary of State publishes or, as the case may be, further publishes a European Commission decision in accordance with paragraph (2), whichever is the later.
(4) A responsible authority may accept an application after the date by which an application is required to be made under paragraph (3).
(5) An application under paragraph (1) shall -
(6) Where an application is duly made, the responsible authority shall serve on the regulator and the operator a certificate which shall -
(7) Where a decision of the European Commission under Article 27(2) of the Directive provides for an installation to be temporarily excluded from a date prior to the date of that decision, the certificate served under paragraph (6) in respect of that installation may provide that for the purposes of compliance with any conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(2) or (3) the installation shall be treated as if it were an excluded installation from the date provided for in the decision of the European Commission.
(8) Where an application for a certificate under paragraph (1) relates to an installation in respect of which an allocation for the first scheme phase has been made under regulation 21(1)(b), or if applicable (1)(c), or under regulation 22(13)(b) or (18) the responsible authority, shall before serving a certificate under paragraph (6) take such steps as are necessary to ensure that -
(9) Where an operator fails to comply with the conditions referred to in paragraph (6)(d), the responsible authority may serve a notice on the operator and the regulator revoking the certificate served under paragraph (6).
(10) Where the regulator effects a transfer or partial transfer under regulation 15 of a greenhouse gas emissions permit which relates to an excluded installation, the regulator shall notify the responsible authority of the transfer or partial transfer and provide a copy of the updated permit and any new permit granted which relates to that installation.
(11) Where the regulator notifies the responsible authority in accordance with paragraph (10) -
(12) For the purposes of this regulation, the "responsible authority" means, subject to paragraph (13), the person who is responsible for the national policy by virtue of which the European Commission has provided for the temporary exclusion of the installation.
(13) If there is doubt as to who is responsible for a particular national policy, the Secretary of State shall decide who is to be considered to be responsible for the policy for the purposes of this regulation.
Proposed change in operation
12.
- (1) Subject to paragraph (4), where an operator of an installation who holds a greenhouse gas emissions permit in respect of the Schedule 1 activities carried out in the installation proposes to make a change in operation the operator shall, at least 14 days before making the change, notify the regulator.
(2) A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in operation including a brief explanation of whether and, if so, why it -
(3) A regulator shall, by notice served on the operator, acknowledge receipt of any notification received under paragraph (1).
(4) Paragraph (1) shall not apply where -
Commencement of a Schedule 1 activity
13.
- (1) Before the latest of -
the operator of an installation in respect of which a greenhouse gas emissions permit has been granted but which has not been put into operation may notify the regulator that it does not intend to put the installation into operation on or before 31st March in the following year ("the notified non-operation year").
(2) Where an operator which has notified the regulator under paragraph (1) puts the installation into operation in a notified non-operation year, it shall notify the regulator that the installation has been put into operation before the expiry of a period of 14 days beginning on the day on which the installation is put into operation.
Variation of provisions of greenhouse gas emissions permits
14.
- (1) The regulator may at any time vary any provision of a greenhouse gas emissions permit (including the extent to which the permit authorises a Schedule 1 activity) and shall do so if it appears to the regulator at that time, whether as a result of a review under regulation 10(9) or otherwise, that regulation 9(8) or 10 requires provisions to be included in the permit which are different from the subsisting provisions.
(2) An operator of an installation who holds a greenhouse gas emissions permit in respect of the Schedule 1 activity carried out in that installation may apply to the regulator for the variation of the provisions of his permit.
(3) An application under paragraph (2) shall be made in accordance with paragraph (5) and shall, subject to paragraph (4), be accompanied by the fee prescribed in respect of the application in Schedule 5.
(4) Where an application under paragraph (2) relates to an offshore installation, the fee prescribed in Schedule 5 in respect of the application shall be payable within the period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
(5) An application under paragraph (2) shall contain the following information -
(6) The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application; and if the operator fails to furnish the specified information within the period specified in the notice, the application shall, if the regulator gives notice to the operator that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.
(7) Where an application is duly made to the regulator under paragraph (2), the regulator shall determine whether to vary the provisions of the greenhouse gas emissions permit and shall give notice of its determination within two months beginning with the day on which the regulator received the application or within such longer period as may be agreed in writing with the operator.
(8) For the purpose of calculating the periods mentioned in paragraph (7) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph (6) and ending on the date on which the operator furnishes the information specified in the notice.
(9) Where the regulator decides to vary the provisions of the greenhouse gas emissions permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice on the operator (a "variation notice") specifying the variations of the provisions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.
(10) A variation notice served under paragraph (9) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, the fee prescribed in respect of the variation notice in Schedule 5.
(11) Where the regulator decides on an application under paragraph (2) not to vary the provisions of the greenhouse gas emissions permit, it shall give notice of its decision to the operator.
(12) If the regulator fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraphs (7) and (8), the application shall, if the operator notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.
Transfer of greenhouse gas emissions permits
15.
- (1) Subject to paragraph (2), where the operator of an installation wishes to transfer, in whole or in part, his greenhouse gas emissions permit to another person ("the proposed transferee") the operator and the proposed transferee shall jointly make an application to the regulator to effect the transfer.
(2) A greenhouse gas emission permit which relates to an installation in which a Schedule 1 activity is no longer carried out may not be transferred.
(3) An application under paragraph (1) shall, subject to paragraph (5), be accompanied by the fee prescribed in respect of the transfer in Schedule 5 and shall contain the following information -
(4) Where the operator wishes to transfer only part of his greenhouse gas emissions permit (a "partial transfer"), an application under paragraph (1) shall -
specify whether the application under regulation 22(1) relates to the transferred unit; and
(d) where the installation to which the permit relates is included in a pool in accordance with regulation 27, specify whether the installation, or in the case of a partial transfer, the transferred unit, should continue to be included in the pool.
(5) Where an application under paragraph (1) relates to an offshore installation, the fee prescribed in Schedule 5 in respect of the application shall be payable within the period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
(6) The regulator shall effect the transfer unless the regulator considers that -
(7) The regulator shall effect a transfer under this regulation by -
(ii) reissuing the original greenhouse gas emissions permit to the operator, updated to record the transfer and varied to-
(b) in the case of a transfer of the whole greenhouse gas emissions permit, reissuing to the operator and the proposed transferee the permit updated to include the name and other particulars of the proposed transferee as the operator of the transferred unit,
and the transfer shall take effect from such date as may be agreed with the applicants and specified in the updated greenhouse gas emissions permit and, in the case of a partial transfer, the new greenhouse gas emissions permit.
(8) In the case of a partial transfer effected under this regulation, the conditions included in the new greenhouse gas emissions permit and the original greenhouse gas emissions permit after the transfer shall be the same as the conditions included in the original permit immediately before the transfer in so far as they are relevant, respectively, to any installation to which the new permit relates or the original permit continues to relate but subject to such variations as, in the opinion of the regulator, are necessary to take account of the transfer.
(9) If within the period of two months beginning with the date on which the regulator receives an application under paragraph (1), or within such longer period as the regulator and the applicants may agree in writing, the regulator has neither effected the transfer nor given notice to the applicants that it has rejected the application, the application shall, if the applicants notify the regulator in writing that they are treating the application as having been refused, be deemed to have been refused at the end of that period or that longer period, as the case may be.
(10) The regulator may, by notice, require the operator or the proposed transferee to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining an application under this regulation.
(11) Where a notice is served on an operator or proposed transferee under paragraph (10)-
(12) Where a regulator effects the transfer of a greenhouse gas emissions permit in accordance with paragraph (7)(b), the regulator shall notify the registry administrator of the transfer.
Applications to surrender a greenhouse gas emissions permit
16.
- (1) Where an operator has ceased carrying out in an installation all of the Schedule 1 activities authorised by a greenhouse gas emissions permit in relation to that installation, the operator shall apply to the regulator to surrender the permit.
(2) An application under paragraph (1) shall be made before the expiry of a period of one month beginning on the date on which the operator ceased to carry out the activity or activities in the installation to which the greenhouse gas emissions permit relates or by the date of entry into force of approved NAP regulations in relation to the first scheme phase, whichever is the later.
(3) Paragraph (1) shall not apply where -
(4) An application under paragraph (1) shall, subject to paragraph (5), be accompanied by the fee prescribed in respect of the application in Schedule 5, and shall contain the operator's telephone number and postal address and, if different, any address to which correspondence relating to the application should be sent.
(5) Where an application under paragraph (1) relates to an offshore installation, the fee prescribed in Schedule 5 in respect of the application shall be payable within the period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
(6) Where an application is duly made under paragraph (1), the regulator shall within two months give the operator and, where the surrender relates to an installation included in a pool in accordance with regulation 27, the appropriate authority, notice of the surrender of its greenhouse gas emissions permit ("a notice of surrender") and the notice shall take effect, subject to regulation 32(10), on the date specified in the notice.
(7) A notice of surrender of the permit shall require the operator, in relation to the scheme year in which the notice of surrender takes effect, to -
(8) The report referred to in paragraph (7)(a) shall be prepared and verified in accordance with the monitoring and reporting conditions in the greenhouse gas emissions permit to which the application to surrender relates.
(9) From the date on which the notice of surrender takes effect, the greenhouse gas emissions permit shall cease to have effect to authorise the carrying out of a Schedule 1 activity but any conditions of the permit shall continue to have effect so far as they are not superseded by the requirements of the notice pursuant to paragraph (7) until the regulator certifies either that the requirements of paragraph (7) and any conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) have been complied with or that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.
(10) From the scheme year following the scheme year in which the notice of surrender takes effect, for the purposes of assessing compliance with a condition of the permit imposed pursuant to regulation 10(3), the reportable emissions of the installation, before any increase in accordance with regulation 10(4), shall be deemed to be zero.
(11) Except where paragraph (12) applies, where the regulator certifies in accordance with paragraph (9) that there is no reasonable prospect of further allowances being surrendered by the operator it shall notify the registry administrator.
(12) Where the regulator certifies in accordance with paragraph (9) that there is no reasonable prospect of further allowances being surrendered by the operator because the operator holding account has been closed in accordance with Article 17(1) of the Registries Regulation, regulation 39 shall apply as if the failure to surrender sufficient allowances to comply with any conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) in a previous scheme year prior to the date on which the operator holding account is closed, were a further failure to comply with a condition imposed pursuant to regulation 10(3).
(13) The requirements specified in a notice of surrender pursuant to paragraph (7)(a) shall be treated as if they were monitoring and reporting conditions.
(14) The requirements specified in a notice of surrender pursuant to paragraph (7)(b) shall be treated as if they were conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) and the number of allowances required to be surrendered by the notice of surrender were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.
(15) Where an installation fails to comply with the requirements of a notice of surrender included pursuant to paragraph (7), the regulator shall notify the registry administrator.
(16) The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining an application under this regulation.
(17) Where a notice is served on an operator under paragraph (16) for the purpose of calculating the period of two months mentioned in paragraph (6), no account shall be taken of the period beginning with the date on which the notice is served and ending on the date on which the information specified in the notice is furnished.
Revocation of greenhouse gas emissions permits
17.
- (1) Subject to paragraph (3), the regulator may at any time revoke a greenhouse gas emissions permit by serving a notice ("a revocation notice") on the operator and where the revocation relates to an installation included in a pool in accordance with regulation 27, on the appropriate authority.
(2) Without prejudice to the generality of paragraph (1) the regulator shall serve a notice under paragraph (1) where an operator fails to comply with an obligation under regulation 16(1).
(3) Where an approved national allocation plan provides for allowances allocated in respect of an installation in which a Schedule 1 activity is no longer carried out to continue to be issued during the scheme phase to which the approved national allocation plan relates, the regulator shall not revoke the greenhouse gas emissions permit which relates to that installation until after 28th February in the last scheme year in that scheme phase.
(4) A revocation notice shall specify the date on which the notice shall, subject to regulation 32(10), take effect, which shall be at least 28 days after the date on which the notice is served.
(5) A revocation notice shall specify that the operator is, in relation to the scheme year in which the revocation takes effect, required to -
(6) Where a revocation notice is served in accordance with paragraph (2), regulation 24(11) or regulation 25(3), the revocation notice shall require the operator to pay, within such period as may be specified in the notice, the fee prescribed in respect of a revocation notice in Schedule 5.
(7) From the date on which the revocation notice takes effect, the greenhouse gas emissions permit shall cease to have effect to authorise the carrying out of a Schedule 1 activity and to require the monitoring and reporting of emissions but the conditions of the permit shall continue to have effect in so far as they are not superseded by the requirements of the notice specified pursuant to paragraph (5) until the regulator certifies that either the requirements of the notice specified pursuant to paragraph (5) and any conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) have been complied with, or that there is no reasonable prospect of further allowances being surrendered by the operator in respect of the installation to which the notice relates.
(8) From the scheme year following the scheme year in which the revocation notice takes effect, for the purposes of assessing compliance with a condition of the permit imposed pursuant to regulation 10(3), the reportable emissions of the installation, before any increase in accordance with regulation 10(4), shall be deemed to be zero.
(9) Except where paragraph (10) applies, where the regulator certifies in accordance with paragraph (7) that there is no reasonable prospect of further allowances being surrendered by the operator it shall notify the registry administrator.
(10) Where the regulator certifies in accordance with paragraph (7) that there is no reasonable prospect of further allowances being surrendered by the operator because the operator holding account has been closed in accordance with Article 17(1) of the Registries Regulation, regulation 39 shall apply as if the failure to surrender sufficient allowances to comply with any conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) in a previous scheme year prior to the date on which the operator holding account is closed, were a further failure to comply with a condition imposed pursuant to regulation 10(3).
(11) The requirements specified in a revocation notice pursuant to paragraph (5)(a) shall be treated as if they were monitoring and reporting conditions.
(12) The requirements specified in a revocation notice pursuant to paragraph (5)(b) shall be treated as if they were conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3) and the number of allowances required to be surrendered were the annual reportable emissions of the installation in respect of the scheme year to which the notice relates.
(13) Where an installation fails to comply with the requirements of a revocation notice included pursuant to paragraph (5), the regulator shall notify the registry administrator.
(14) A regulator which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.
Fees and charges
18.
- (1) An operator which holds a greenhouse gas emissions permit shall pay a charge for the subsistence of such permit in accordance with Schedule 5.
(2) If an operator has failed to pay a charge referred to in paragraph (1), the regulator may revoke the greenhouse gas emissions permit under regulation 17(1).
(3) The provisions of Schedule 5 shall apply until such time as they are superseded by the provisions of a charging scheme made -
(4) A charging scheme made under section 41 of the 1995 Act which supersedes the provisions of Schedule 5, or any such scheme made under regulation 19, shall specify which of those provisions it supersedes.
(5) Where a fee or charge prescribed in Schedule 5 is superseded in accordance with paragraph (3), a reference to a fee or charge prescribed in Schedule 5 shall be read as a reference to a fee or charge prescribed in a charging scheme which supersedes that fee or charge.
Charging scheme for offshore installations
19.
- (1) The Secretary of State may make, and from time to time revise, a scheme prescribing -
(2) The fees and charges prescribed in a scheme under paragraph (1) shall be paid to the Secretary of State.
(3) The Secretary of State shall, on making or revising a scheme under paragraph (1), lay a copy of the scheme or of the revisions made to the scheme or, if she considers it more appropriate, the scheme as revised, before each House of Parliament.
(4) A scheme under paragraph (1) may, in particular -
(5) The Secretary of State shall take such steps as she considers appropriate for bringing the provisions of any charging scheme made by her which is for the time being in force to the attention of persons likely to be affected by it.
(6) In this regulation "prescribed" means specified in, or determined under, a scheme made under this regulation.
(3) The Secretary of State shall publish in England the national allocation plan developed for each scheme phase, at least 18 months before the beginning of the relevant phase.
(4) The Secretary of State shall publish in England information on whether the European Commission has accepted or rejected a national allocation plan or any aspect of a plan as soon as practicable after being advised of such acceptance or rejection.
(5) Where the European Commission rejects a national allocation plan or any aspect of such plan under Article 9(3) of the Directive and the Secretary of State proposes an amendment to the plan, the Secretary of State shall publish in England the amendment as soon as practicable after its communication to the European Commission.
(6) The Scottish Ministers shall publish in Scotland any plan, information or amendment sent to them by the Secretary of State under paragraph (2) as soon as practicable after it is received.
(7) The National Assembly for Wales shall publish in Wales any plan, information or amendment sent to it by the Secretary of State under paragraph (2) as soon as practicable after it is received.
(8) The Department of the Environment shall publish in Northern Ireland any plan, information or amendment sent to it by the Secretary of State under paragraph (2) as soon as practicable after it is received.
Allocation and issue of allowances
21.
- (1) Subject to regulation 46, for the second scheme phase and each subsequent scheme phase, the Secretary of State shall decide upon -
(2) Decisions under paragraph (1) shall -
(3) The Secretary of State shall publish in England a decision under paragraph (1), at least twelve months before the beginning of the scheme phase to which the decision relates.
(4) The Secretary of State shall notify the Scottish Ministers, the National Assembly for Wales and the Department of the Environment of her decision under paragraph (1).
(5) Where the European Commission has provided for additional allowances to be allocated in respect of an installation, or installations of any description, under Article 29(1) of the Directive, the Secretary of State shall instruct the registry administrator to issue allowances in accordance with Article 43(1) of the Registries Regulation.
(6) Where -
the relevant decision maker shall notify the registry administrator and the operator that the second sentence of Article 40 or 46 of the Registries Regulation applies to that installation in respect of the scheme year in which the notice is served.
(7) A notice under paragraph (6) shall, in accordance with the approved national allocation plan, either -
(8) Where paragraph (7)(b) applies, the relevant decision maker shall periodically, or where requested by a notice served on the relevant decision maker by the operator, assess whether the conditions specified in the notice under paragraph (6) have been met and shall notify the operator and the registry administrator when the conditions have been met.
(9) Where a notice is served under paragraph (6), the reference to "later date" in Article 40 or 46 of the Registries Regulation shall be to the date specified in accordance with paragraph (7)(a) or to the date of a notice under paragraph (8).
(10) For the purposes of this regulation, "relevant decision maker" means -
Application for an allocation from the new entrant reserve
22.
- (1) Where an approved national allocation plan provides for a new entrant reserve in the scheme phase to which it relates, an operator of an installation may apply to the regulator for an allocation of allowances in respect of that installation from the new entrant reserve.
(2) Subject to paragraph (3), an application under paragraph (1) shall be combined with an application for a greenhouse gas emissions permit under regulation 8(1) or an application for a variation of a greenhouse gas emissions permit under regulation 14(2).
(3) Paragraph (2) shall not apply where an application under paragraph (1) relates to -
(4) An application under paragraph (1) shall contain such information as the regulator may reasonably require for the purpose of determining the application in accordance with the provisions of the approved national allocation plan and, except where paragraph (6) or (7) applies, shall be accompanied by the fee prescribed in Schedule 5 in respect of such application.
(5) Subject to paragraph (6), where -
an operator has made to the regulator an application which if made after the date on which the approved NAP Regulations enter into force would have complied with paragraph (1), it shall be deemed to be an application under paragraph (1) made on the date of entry into force of the approved NAP Regulations and where more than one application is deemed to have been received on that day, the applications shall be deemed to have been received on that day in the order in which they were originally received by the regulator.
(6) Except where paragraph (7) applies, paragraph (5) shall only apply to an application in respect of which the operator has before the expiry of a period of 15 working days beginning on the date on which these Regulations enter into force paid to the regulator the fee prescribed in Schedule 5 in respect of an application under paragraph (1).
(7) Where an application under paragraph (1), or deemed to have been made under paragraph (1) in accordance with paragraph (5), relates to an offshore installation, the fee prescribed in Schedule 5 in respect of the application shall be payable within the period of 28 days beginning on the date on which the regulator serves a notice on the operator requesting payment of the fee.
(8) If an operator fails to comply with paragraph (7) the regulator may refuse the application.
(9) The regulator may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified, the application shall, if the regulator gives notice to the applicant that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.
(10) Subject to paragraph (11), the regulator shall give notice under paragraph (13) of its determination of an application under paragraph (1) within a period of two months beginning on the later of -
or within such longer period as may be agreed in writing with the applicant.
(11) For the purposes of calculating the period of two months mentioned in paragraph (10) no account shall be taken of -
(12) If the regulator fails to give notice of its determination of an application under paragraph (1) within the period allowed by paragraph (10), the application shall, if the operator notifies the regulator that it treats the application as having been refused, be deemed to have been refused.
(13) Where an application under paragraph (1) is duly made to the regulator, the regulator shall, in accordance with the provisions of the approved national allocation plan -
by serving a notice on the operator and, in the case of a determination under sub-paragraph (b), on the registry administrator.
(14) Where the eligible allocation is greater than the number of available allowances, a notice under paragraph (13)(b) shall allocate the available allowances and the regulator may make additional allocations of allowances under paragraph (13)(b) if additional allowances subsequently become available in the new entrant reserve in accordance with the approved national allocation plan until the number of allowances allocated under paragraph (13)(b) equals the eligible allocation.
(15) A notice under paragraph (13)(a) shall-
(16) Where it appears to the regulator, whether as a result of a notification in accordance with a condition imposed pursuant to paragraph (13)(a) or otherwise, that the approved national allocation plan requires a variation of any of the provisions of the notice served on the operator under paragraph (13)(a), the regulator shall serve a further notice under paragraph (13)(a) on the operator varying the provisions of the previous notice.
(17) Where it appears to the regulator, whether as a result of a notification in accordance with a condition imposed pursuant to paragraph (13)(a) or otherwise, that it would no longer be consistent with the approved national allocation plan for an allocation of allowances to be made in respect of an installation to which a notice under paragraph (13)(a) relates, the regulator shall serve a further notice on the operator rejecting the application.
(18) Subject to paragraph (19), where the regulator is satisfied that all the conditions specified in a notice under paragraph (13)(a) are met, the regulator shall serve a notice on the operator and the registry administrator allocating allowances in respect of the installation.
(19) Where the eligible allocation is greater than the number of available allowances, a notice under paragraph (18) shall allocate the available allowances and the regulator may make additional allocations of allowances under paragraph (18) if additional allowances subsequently become available in the new entrant reserve in accordance with the approved national allocation plan until the number of allowances allocated under paragraph (18) equals the eligible allocation.
(20) A notice under paragraph (13)(b) or (18) shall specify -
(21) A notice under paragraph (13)(b) or (18) shall be an instruction to the registry administrator for the purposes of Article 42 or 48 of the Registries Regulation.
(22) Where an application under regulation 15(1) specifies that an application under paragraph (1) in respect of the installation relates to the transferred unit, any allocation of allowances under paragraph (13)(b) or (18) made after the transfer takes effect shall be allocated to the proposed transferee.
(23) For the purposes of this regulation -
Allowance allocation where permit surrendered or revoked
23.
- (1) Where a greenhouse gas emissions permit is surrendered under regulation 16 or revoked by the regulator under regulation 17(1) -
(2) Where the regulator notifies the Secretary of State that the greenhouse gas emissions permit in respect of an installation has been surrendered or revoked, the Secretary of State shall take such steps as she considers necessary to ensure that no further allowances are issued in respect of the installation from the date on which the notice of surrender or the revocation notice takes effect.
Applications to retain allocation
24.
- (1) Where the approved national allocation plan provides that, if conditions specified in the approved national allocation plan are met, an operator which ceases to carry out a Schedule 1 activity in an installation may retain the allowances, or a proportion of the allowances, allocated in respect of that installation under these Regulations, the operator may apply to the regulator to retain its allocation.
(2) An application under paragraph (1) shall contain such information as the regulator may reasonably require for the purpose of determining the application in accordance with the provisions of the approved national allocation plan.
(3) Subject to paragraph (4), the regulator shall give notice under paragraph (7) of its determination of an application which is duly made under paragraph (1) within a period of two months beginning on the day on which the regulator received the application or within such longer period as may be agreed in writing with the applicant.
(4) For the purposes of calculating the period of two months mentioned in paragraph (3) no account shall be taken of any period beginning with the date on which notice is served on the applicant under paragraph (6) and ending on the date on which the applicant furnishes the information specified in the notice.
(5) If the regulator fails to give notice of its determination of an application under paragraph (1) within the period allowed by paragraph (3), the application shall, if the operator notifies the regulator that it treats the application as having been refused, be deemed to have been refused.
(6) The regulator may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified, the application shall, if the regulator gives notice to the applicant that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.
(7) Where an application is duly made under paragraph (1), the regulator shall, in accordance with the provisions of the approved national allocation plan -
(b) refuse the application,
by serving a notice on the operator.
(8) A notice under paragraph (7)(a) (a "retention notice") shall -
(9) Where -
(10) Subject to regulation 32(10), where a retention notice provides for a proportion of the allowances allocated in respect of the installation to which the application relates to be retained, the provision of the notice specifying the proportion of the allowances to be retained shall take effect from the expiry of a period of 15 working days beginning on the date of the notice.
(11) Where -
the regulator shall revoke the greenhouse gas emissions permit in accordance with regulation 17(1).
Supplementary decisions by the regulator or the Secretary of State
25.
- (1) Subject to paragraph (3), paragraph (2) shall apply where -
(b) the statement resulted in an over-allocation in respect of an installation.
(2) Where this paragraph applies, the regulator may make a supplementary decision by serving a notice on the operator.
(3) Where a person has made a false statement in connection with an application under regulation 24(1) and the application would, in accordance with the approved national allocation plan, have been refused if the statement had not been false or misleading, the regulator shall revoke the greenhouse gas emissions permit in accordance with regulation 17(1).
(4) A supplementary decision under paragraph (2) shall -
and, subject to regulation 32(10), shall take effect from the expiry of a period of two months beginning on the date of the notice.
(5) Subject to paragraph (6), where the regulator makes a supplementary decision under paragraph (2), the regulator shall take such steps as it considers necessary to ensure that the amount of allowances issued pursuant to an allocation under regulation 22(13)(b) or (18) in respect of the installation to which the false statement relates are reduced by the amount of the over-allocation.
(6) Where paragraph (2) applies and-
the regulator shall notify the Secretary of State specifying the amount of over-allocation or, where the regulator has made a supplementary decision under paragraph (2), the remaining over-allocation.
(7) Subject to regulation 46, where -
the Secretary of State may make a supplementary decision by serving notice on the operator.
(8) A supplementary decision under paragraph (7) shall -
and, subject to regulation 33(6), shall take effect from the expiry of a period of two months beginning on the date of the notice.
(9) Where the Secretary of State makes a supplementary decision under paragraph (7), the Secretary of State shall take such steps as she considers necessary to ensure that the number of allowances issued in respect of the installation to which the false statement relates for -
are reduced by the amount of the over-allocation or, if applicable, the remaining over-allocation.
(10) The steps which may be taken by the Secretary of State under paragraph (9) may include -
to take such steps as are necessary to reduce the amount of allowances issued pursuant to an allocation under regulation 22(13)(b) or (18).
(11) As soon as practicable after the Secretary of State makes a supplementary decision under paragraph (7), she shall publish her supplementary decision under paragraph (7) in England and notify the Scottish Ministers, the National Assembly for Wales and Department of the Environment of the decision.
(12) The Scottish Ministers shall publish in Scotland any decision notified to them under paragraph (11) as soon as practicable on notification.
(13) The National Assembly for Wales shall publish in Wales any decision notified to them under paragraph (11) as soon as practicable on notification.
(14) The Department of the Environment shall publish in Northern Ireland any decision notified to them under paragraph (11) as soon as practicable on notification.
(15) A regulator which has served a notice under paragraph (2) or the Secretary of State who has served a notice under paragraph (7), may before the date on which the notice takes effect withdraw the notice.
(16) For the purposes of this regulation-
Registry
26.
- (1) Subject to regulation 46, the Secretary of State shall establish a registry in accordance with the requirements of Article 19 of the Directive and the Registries Regulation.
(2) The Environment Agency shall -
(3) Subject to paragraph (4), the regulator shall be the competent authority for the purposes of the Registries Regulation.
(4) The Secretary of State shall be the competent authority for the purposes of Articles 15, 38, 41, 43, 44, 47, 59 and 60 of the Registries Regulation.
(5) The Secretary of State shall be the relevant body for the purposes of Articles 12(1), 13, 50(1) and 63(1) of and paragraph 19 of Annex VI to the Registries Regulation.
(6) It shall be the duty of the operator to comply with the requirements of Article 15(1) and (3) of the Registries Regulation.
(7) A holder of an account in the Registry may nominate an additional authorised representative for that account in accordance with Article 23(2) of the Registries Regulation.
(8) Subject to paragraph (15), where an operator fails to comply with a condition imposed pursuant to regulation 10(3) in respect of an installation, the registry administrator shall ensure that an operator may not transfer any allowances out of the operator holding account for that installation until the compliance status figure for that installation calculated in accordance with Article 55 of the Registries Regulation is greater than or equal to zero.
(9) If a person has failed to comply with any terms and conditions agreed in accordance with Article 19(4) of the Registries Regulation, the registry administrator may-
(10) The registry administrator may, before the date on which the notice under paragraph (9)(b) takes effect, withdraw the notice.
(11) Subject to paragraph (15), if an operator has failed to comply with any terms and conditions agreed in accordance with Article 15(4) of the Registries Regulation, the registry administrator may prevent the transfer of any allowances out of any operator holding account in the registry held in the name of that operator until the operator complies with the terms and conditions.
(12) An application for the creation of a person holding account under Article 19(1) of the Registries Regulation shall be accompanied by the fee prescribed in respect of the application in Schedule 5.
(13) A notification under Article 19(3) of the Registries Regulation concerning a change to the authorised representatives for the account shall be accompanied by the fee prescribed in respect of the notification in Schedule 5.
(14) Where -
the registry administrator shall ensure that, subject to paragraph (15), the operator or, where the installation is covered by a notice under regulation 27(10)(b) authorising a pool, the pool administrator, may not transfer allowances out of the operator holding account for the installation to which the notice of surrender or the revocation notice relates until the report has been submitted to the regulator and has been verified in accordance with the terms of a notice of surrender included pursuant to regulation 16(7)(a) or by the terms of a revocation notice included pursuant to regulation 17(5)(a) or the regulator has notified a determination in accordance with regulation 30(3).
(15) Paragraphs (8), (9)(a), (11) and (14) shall not prevent -
(16) Where a registry administrator prevents the transfer of allowances out of an account under paragraphs (8), (9)(a), (11) or (14) or Article 27 of the Registries Regulation, the registry administrator shall notify the account holder specifying the reason why and the period during which transfers will be prevented.
Pooling
27.
- (1) One or more operators of installations to which this regulation applies may make a joint application to the appropriate authority to form a pool for the second scheme phase.
(2) This regulation applies to installations which carry out activities which -
(3) An application under paragraph (1) shall be made at least 6 months before the start of the scheme phase in which the operators wish to form a pool and shall -
(4) Where an application is duly made under paragraph (1) and the appropriate authority considers it appropriate to allow the pool -
(5) The appropriate authority shall notify -
whether it considers it appropriate to allow the pool.
(6) If the European Commission rejects the application within three months of the date it receives the application -
that the application has been rejected and of the reasons given by the European Commission for the rejection.
(7) Where operators are notified under paragraph (6) that the European Commission has rejected their application, they may within a period of four weeks beginning on the date of the notice under paragraph (6)(b) submit an amended application to the appropriate authority.
(8) If the appropriate authority considers that the amended application addresses the reasons given by the European Commission for rejection of the application -
(9) The appropriate authority shall notify -
of whether it considers that the amended application addresses the reasons given by the European Commission for rejection of the application.
(10) If the European Commission does not reject the application within three months of the date it receives the application or accepts an amended application submitted under paragraph (8)(b) -
(11) A notice under paragraph (10)(b) shall -
(12) For the duration of the period for which a group of installations are covered by a notice under paragraph (10)(b) authorising the pool -
(13) An operator of an installation which is included in a notice authorising a pool in accordance with paragraph (11)(a) shall be deemed, unless the notice is revoked, to be in compliance with any condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3).
(14) Where the pool administrator fails to pay a civil penalty under regulation 39 by the due date determined in accordance with regulation 41(3), the appropriate authority shall serve a notice on the persons specified in paragraph (10)(b) providing for the notice under paragraph (10)(b) authorising the pool to be revoked, subject to paragraph 33(6), from the date specified in the notice.
(15) For the purposes of this regulation, where an application to form a pool relates to installations in more than one country of the United Kingdom, the appropriate authority in relation to the application and any subsequent pool shall, subject to regulation 46, be the Secretary of State.
(16) Where a notice of surrender or a revocation notice is served in respect of an installation which is included in a pool, the appropriate authority shall serve on the persons on which the notice under paragraph (10)(b) in respect of the pool was served, a further notice amending the notice under paragraph (10)(b) to remove the installation from the list of installations included in the pool from the date on which the notice of surrender or revocation notice takes effect.
(17) Where the regulator effects a transfer under regulation 15 of a greenhouse gas emissions permit which relates to an installation included in a pool, the appropriate authority shall serve on the persons on which the notice under paragraph (10)(b) in respect of the pool was served, a further notice amending the notice under paragraph (10)(b) from the date on which the transfer takes effect to take account of the transfer in accordance with the provisions of the application for transfer under regulation 15(4)(d).
(18) Where -
the Secretary of State shall forthwith serve a notice on those persons referred to in paragraph (5) indicating that, as no agreement has been reached, it is not considered appropriate to allow the pool and providing that the operators of installations included in the application which are situated in the same country of the United Kingdom may make a new application under paragraph (1) to the appropriate authority within two weeks of the date of the notice under this paragraph.
(19) Where -
the Secretary of State shall forthwith serve a notice on those persons referred to in paragraph (9) indicating that it has not been agreed that the amended application addresses the reasons given by the European Commission for rejection of the application to form a pool and providing that the operators of installations included in the application which are situated in the same country of the United Kingdom may submit a further amended application under paragraph (8) to the appropriate authority within two weeks of the date of the notice under this paragraph.
(3) The regulator may withdraw an enforcement notice at any time.
Power of the regulator to determine reportable emissions
30.
- (1) Where -
the regulator shall determine the reportable emissions from the installation in the relevant period and the regulator's determination of the reportable emissions shall be treated as the reportable emissions from that installation for the period to which the determination relates.
(2) When determining annual reportable emissions under paragraph (1) the regulator shall take account of the Monitoring and Reporting Decision and the requirements set out in Annex V of the Directive.
(3) The regulator shall notify any determination under paragraph (1) to the operator of the installation.
(4) A notice under paragraph (3) shall be served on the registry administrator and shall be an instruction to the registry administrator for the purposes of Article 51(2) of the Registries Regulation.
(5) Where a regulator makes a determination under paragraph (1) it may recover the cost of making that determination from the operator concerned.
Powers of entry: offshore installations
31.
- (1) The Secretary of State may authorise in writing any person who appears suitable to her to exercise, in accordance with the terms of that authorisation, any of the powers specified in paragraph (2) in respect of offshore installations for the purposes of -
(2) The powers exercisable under paragraph (1) are the powers in paragraphs (a) to (k) of regulation 13(2) of the Offshore Regulations and subject to paragraphs (3) and (4) of that regulation.
(3) Regulation 18(1)(f) of the Offshore Regulations shall apply to a failure to comply with an obligation imposed pursuant to a power exercisable under paragraph (1) as it applies to a failure to comply with an obligation imposed pursuant to regulation 13(2) of the Offshore Regulations.
may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.
(2) Subject to paragraph (5), a person on whom a variation notice is served, other than following an application under regulation 14(2), or on whom a revocation notice or an enforcement notice is served may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.
(3) Subject to paragraph (5),
may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.
(4) Subject to paragraph (5) -
may appeal to the appropriate authority.
(5) Paragraphs (1) to (4) shall not apply where the decision or notice, as the case may be, implements a direction of the appropriate authority given under paragraph (7) or regulation 42 or of the Secretary of State given under regulation 44.
(6) An appeal under paragraph (3)(b) may include an appeal against a decision of the regulator referred to in paragraph (1)(a), (b) or (c).
(7) Except where an appeal under paragraph (1), (2) or (3) relates to an offshore installation, in determining an appeal under this regulation against a decision of a regulator or a notice served by a regulator the appropriate authority may -
(8) Where an appeal made under paragraph (1), (2) or (3) relates to an offshore installation, the regulator shall reconsider its decision and may affirm, reverse or vary its decision.
(9) Where an appeal is brought under -
the bringing of the appeal shall, subject to paragraph (12), not have the effect of suspending the operation of the decision or notice.
(10) Where an appeal is brought under -
the bringing of the appeal shall have the effect of suspending the operation of the notice pending the final determination or the withdrawal of the appeal.
(11) Where an appeal is brought under paragraph (3)(c) against a refusal to accept an application under regulation 24(1), the application shall not be deemed to have been refused for the purposes of regulation 24(11)(a) unless the refusal is affirmed on appeal or the appeal is withdrawn.
(12) Where an appeal is brought under paragraph (1)(f) against a determination of reportable emissions the determination shall not be used for the purpose of checking compliance with a condition included in a greenhouse gas emissions permit pursuant to regulation 10(3) pending the final determination or the withdrawal of the appeal.
(13) Regulation 10 shall apply where the appropriate authority, in exercising any of the powers in paragraph (7), gives directions as to the conditions to be attached to a greenhouse gas emissions permit as they would apply to the regulator when determining the conditions of the permit.
(14) For the purposes of appeals under this regulation, the appropriate authority in relation to installations (other than offshore installations) situated in Northern Ireland shall be the Planning Appeals Commission.
Appeals for reconsideration of decisions
33.
- (1) A person who is aggrieved by a decision or notice under regulation 27(4), (8) or (14) or the terms of a notice pursuant to regulation 27(16) or (17) may appeal to the appropriate authority.
(2) A person who is aggrieved by -
may appeal to the responsible authority.
(3) A person who is aggrieved by -
may appeal to the Secretary of State.
(4) Where an appeal is made under this regulation, the appeal body shall reconsider its decision and may affirm, reverse, or vary its decision.
(5) Where an appeal is made under -
the bringing of the appeal shall not have the effect of suspending the certificate or notice.
(6) Where an appeal is made under -
the decision or notice to which the appeal relates shall not take effect pending the final determination or withdrawal of the appeal.
Procedure for appeals under regulations 32 and 33
34.
- (1) Except where paragraph (4) applies and subject to paragraph (5), Schedule 2 shall have effect in relation to the making and determination of appeals under regulations 32 or 33.
(2) Except where paragraph (4) applies, the appeal body may -
(3) Schedule 3 shall have effect with respect to appointments under paragraph (2)(a).
(4) Where an appeal under regulation 32 relates to an installation (other than an offshore installation) situated in Northern Ireland, Schedule 4 shall have effect in relation to the making and determination of the appeal.
(5) Where an appeal is made under regulation 32(4), references in Schedule 2 to the regulator shall be taken to be references to the registry administrator.
give to the appropriate authorities for installations (other than offshore installations) situated in Scotland, Wales and Northern Ireland directions specifying information, or descriptions of information, which shall not be published or shall be excluded from the list published under regulation 36.
(4) The other appropriate authorities referred to in paragraph (3) shall notify the Secretary of State of any information which is not published or which is excluded from a list published in accordance with regulation 36 in pursuance of directions under paragraph (3).
(g) intentionally to make a false entry in any record required to be kept under the condition of a greenhouse gas emissions permit;
(h) with intent to deceive, to forge or use a document issued or authorised to be issued under a condition of a greenhouse gas emissions permit or required for any purpose under a condition of such a permit or to make or to have in his possession a document so closely resembling any such document as to be likely to deceive;
(i) to fail to comply with Article 15(1), 15(3) or 19(3) of the Registries Regulation.
(2) A person guilty of an offence under paragraph (1) shall be liable -
(3) Where an offence under this regulation is committed by -
that person as well as the body corporate, the limited liability partnership or the Scottish partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4) Where the affairs of a body corporate (other than a limited liability partnership) are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(5) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Civil penalties: excess emissions
39.
- (1) Any operator who fails to comply with a condition imposed pursuant to regulation 10(3) in respect of an installation shall be liable to a penalty.
(2) The amount of the penalty to which the operator of an installation is liable under paragraph (1) shall be the excess emissions of the installation multiplied by the excess emissions penalty.
(3) For the purpose of paragraph (2) -
(4) In relation to paragraph (3)(b), the reference to an amount in Euro shall be taken to be a reference to the sterling equivalent of that number of Euro, converted by reference to the rate of conversion published in the C series of the Official Journal of the European Communities in September of the scheme year preceding that in which the liability for the penalty arose.
Civil penalties: understatement of reportable emissions
40.
- (1) Subject to paragraph (2), where in relation to the application for surrender of a greenhouse gas emissions permit under regulation 16(1) or the revocation of a greenhouse gas emissions permit under regulation 17(1), the report submitted in accordance with the requirements included in a notice of surrender or a revocation notice pursuant to regulation 16(7)(a) or 17(5)(a) understates the reportable emissions from the installation to which the report relates, the operator shall be liable to a penalty equal to the amount of the understatement of reportable emissions multiplied by the excess emissions penalty under regulation 39(3)(b) which applied to excess emissions in the year in which the understatement was made.
(2) Conduct falling with paragraph (1) shall not give rise to liability to a penalty under this regulation if the person who made the understatement -
Civil penalties: general
41.
- (1) In this regulation "civil penalty" means any penalty which -
(2) Where a person is liable to a civil penalty, the regulator shall -
(3) Subject to regulation 32(10), a penalty shall be due on the day (the "due date") following the expiry of a period of two months beginning on the date on which the person is notified by the regulator under paragraph (2)(b) and shall be paid to the regulator.
(4) Where a regulator makes an assessment under paragraph (2) of any penalty to which a person is liable the amount of that penalty shall carry interest for the period which -
(5) Interest under this regulation shall be payable at a rate of one percentage point above LIBOR on a day to day basis.
(6) For the purposes of paragraph (5), "LIBOR" means the sterling three months London interbank offered rate in force during the period between the due date and the date on which the penalty is paid.
(7) Where an amount has been assessed and notified to any person under paragraph (2), the amount and any interest incurred under paragraph (4) shall be recoverable on demand.
(8) The regulator shall notify the appropriate authority of any penalty assessed under paragraph (2) and shall pass any civil penalties and any interest paid to it to the appropriate authority.
(3) Any direction given under these Regulations shall be in writing and may be varied or revoked by a further direction.
(4) It shall be a duty of a regulator to comply with any direction which is given to it under these Regulations.
(5) This regulation shall not apply in respect of offshore installations.
Guidance to regulators
43.
- (1) An appropriate authority may issue guidance to a regulator with respect to the carrying out of any of their functions under these Regulations in relation to installations for which it is the appropriate authority.
(2) A regulator, in carrying out any of its functions under these Regulations, shall have regard to any guidance issued by the appropriate authority under this regulation.
(3) Any direction given under this regulation shall be in writing and may be varied or revoked by a further direction.
(4) It shall be the duty of the registry administrator to comply with any direction which is given to it under this regulation.
Guidance to the registry administrator
45.
- (1) Subject to regulation 46, the Secretary of State may issue guidance to the registry administrator with respect to the carrying out of any of its functions under these Regulations or the Registries Regulation.
(2) The registry administrator, in carrying out any of its functions under these Regulations or the Registries Regulation, shall have regard to any guidance issued by the Secretary of State under this regulation.
(2) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Scotland where -
(3) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Wales where -
(4) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Northern Ireland where -
(2) Regulation 18 of the 2003 Regulations shall continue to apply until the obligations under that regulation is fulfilled in respect of the first phase.
(3) Paragraphs (1) to (4) and (12) to (18) of regulation 19 of the 2003 Regulations shall continue to apply until the obligations under those paragraphs are fulfilled in respect of the first phase.
(4) In this regulation, "first phase" means the period referred to in regulation 18(2)(a) of the 2003 Regulations.
Consequential amendments
48.
The enactments mentioned in Schedule 6 shall have effect with the amendments there specified (being amendments consequential on provisions of these Regulations).
Elliot Morley
Minister of State Department for Environment, Food and Rural Affairs
23rd March 2005
Activities | Specified emissions |
1. Energy Activities |
|
1.1 Activities of combustion installations with a rated thermal input exceeding 20 megawatts (excluding hazardous or municipal waste installations). |
Carbon dioxide |
1.2 Activities of mineral oil refineries. |
Carbon dioxide |
1.3 Activities of coke ovens. |
Carbon dioxide |
2. Production and processing of ferrous metals |
|
2.1 Activities of metal ore (including sulphide ore) roasting and sintering installations. |
Carbon dioxide |
2.2 Activities of installations for the production of pig iron or steel (primary or secondary fusion), including continuous casting, with a capacity of more than 2.5 tonnes per hour. |
Carbon dioxide |
3. Mineral Industries |
|
3.1 Activities of installations for the production of cement clinker in rotary kilns with a production capacity of more than 500 tonnes per day. |
Carbon dioxide |
3.2 Activities of installations for the production of lime in rotary kilns or other furnaces with a production capacity of more than 50 tonnes per day. |
Carbon dioxide |
3.3 Activities of installations for the manufacture of glass including glass fibre where the melting capacity of the plant is more than 20 tonnes per day. |
Carbon dioxide |
3.4 Activities of installations for the manufacture of ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns where-
(ii) the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3. |
Carbon dioxide |
4. Other activities |
|
4.1 Activities of industrial plants for the production of pulp from timber or other fibrous materials. |
Carbon dioxide |
4.2 Activities of industrial plants for the production of paper and board with a production capacity of more than 20 tonnes per day. |
Carbon dioxide |
(e) a copy of any decision or notice which is the subject matter of the appeal; and
(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
(3) An appellant may withdraw an appeal by notifying the appeal body in writing and shall send a copy of that notification to the regulator.
2.
- (1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given -
(2) The appeal body may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).
3.
- (1) In the case of an appeal under regulation 32, the regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.
(2) In the case of an appeal under regulation 33, the appeal body shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the appeal body to have a particular interest in the subject matter of the appeal.
(3) A notice under sub-paragraph (1) or (2) shall -
(4) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the appeal body of the persons to whom and the date on which the notice was sent.
(5) In the event of an appeal under regulation 32 being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).
(6) In the event of an appeal under regulation 33 being withdrawn, the appeal body shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (2).
4.
- (1) Before determining an appeal, the appeal body may afford the appellant and, where applicable, the regulator an opportunity of appearing before and being heard by a person appointed by it (the "person holding the hearing") and it shall do so in any case where a request is duly made by the appellant or, where applicable, the regulator to be so heard.
(2) A hearing held under sub-paragraph (1) may, if the person holding the hearing so decides, be held wholly or partly, in private.
(3) Where the appeal body causes a hearing to be held under sub-paragraph (1) it shall give the appellant and, if applicable, the regulator at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.
(4) In the case of a hearing which is to be held wholly or partly in public, the appeal body shall, at least 21 days before the date fixed for the holding of the hearing -
(5) The appeal body may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) shall apply to the variation of a date as they applied to the date originally fixed.
(6) The appeal body may also vary the time or place for the holding of a hearing and shall give such notice of any such variation as appears to him to be reasonable.
(7) The persons entitled to be heard at a hearing are the appellant and, if applicable, the regulator.
(8) Nothing in sub-paragraph (7) shall prevent the person holding the hearing from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.
(9) After the conclusion of a hearing, the person holding the hearing shall make a report in writing to the appeal body which shall include his conclusions and his recommendations or his reasons for not making any recommendation.
(10) Paragraph 4(5) and (6) of Schedule 3 shall apply to hearings held under this paragraph as if references to the appointed person in those paragraphs were references to the person holding the hearing under this paragraph.
5.
- (1) Where an appeal under regulation 32 (other than an appeal which relates to an offshore installation) is to be disposed of on the basis of written representations, the regulator shall submit any written representations to the appeal body not later than 28 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (f).
(2) The appellant shall make any further representations by way of reply to any representations from the regulator not later than 17 days after the date of submission of those representations by the regulator.
(3) Any representations made by the appellant or the regulator shall bear the date on which they are submitted to the appeal body.
(4) When the regulator or the appellant submits any representations to the appeal body they shall at the same time send a copy of them to the other party.
(5) The appeal body shall send to the appellant and the regulator a copy of any representations made to it by the persons mentioned in paragraph 3(1) and shall allow the appellant and the regulator a period of not less than 14 days in which to make representations on them.
(6) The appeal body may in a particular case -
6.
- (1) The appeal body shall give notice to the appellant of its determination of the appeal and shall provide him with a copy of any report mentioned in paragraph 4(9).
(2) The appeal body shall at the same time send -
7.
Where a determination of the appeal body on an appeal is quashed in proceedings before any court, the appeal body -
and paragraph 6 shall apply to the re-determination of the appeal as it applies to the determination of an appeal.
2.
An appointment must be in writing and -
3.
Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the appeal body, other than any function of appointing a person for the purpose -
4.
- (1) If either of the parties to the appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
(2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person -
(3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appeal body to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.
(4) Subject to paragraphs (5) and (6), the costs of a local inquiry held under this Schedule shall be defrayed by the appeal body.
(5) Subject to sub-paragraph (6), subsections (2) to (5) of section 250 of the Local Government Act 1972[25] (local inquiries: evidence and costs) shall apply to hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say -
(6) In the case of an appeal to the Scottish Ministers, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973[26] (which relates to the costs of and holding of local inquiries) shall apply to hearings held under this Schedule by an appointed person as they apply to inquiries held under that section, but with the following modifications, that is to say -
(e) with the substitution in subsection (7A) (recovery of entire administrative expense)-
(f) with the substitution in subsection (7B) (power to prescribe daily amount)-
(g) with the substitution in subsection (8) (certification of expenses) -
5.
- (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal, matter or question, the appeal body shall, unless it proposes to determine the appeal, matter or question itself, appoint another person under regulation 34(2)(a) to determine the appeal, matter or question instead.
(2) Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, shall be begun afresh.
(3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing representations already made.
6.
- (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appeal body in its capacity as such.
(2) Sub-paragraph (1) shall not apply -
(3) An appellant may withdraw an appeal by notifying the appeal body in writing and shall send a copy of that notification to the regulator.
2.
- (1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given -
(2) The appeals commission may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).
3.
- (1) The regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.
(2) A notice under sub-paragraph (1) shall -
(3) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the appeals commission of the persons to whom and the date on which the notice was sent.
(4) In the event of an appeal under regulation 32 being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).
4.
- (1) The appeals commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.
(2) If either party to the appeal so requests, the appeals commission shall afford to each of them an opportunity of appearing before and being heard by the appeals commission.
(3) A hearing held under sub-paragraph (2) may, if the appeals commission so decides, be held wholly or partly, in private.
(b) in respect of the grant of a greenhouse gas emissions permit authorising the operation of an offshore installation-
(c) in respect of the grant of the greenhouse gas emissions permit where regulation 9(5)(b) applies -
(d) in respect of an application for the variation of the provisions of a greenhouse gas emissions permit under regulation 14(2) (except where the regulator considers that a variation relates to minor changes or changes of a purely administrative nature), £240;
(e) in respect of a variation notice varying the provisions of a greenhouse gas emissions permit otherwise than on an application under regulation 14(2) (except where the regulator considers that a variation relates to minor changes or changes of a purely administrative nature), £240.
(f) in respect of an application under regulation 15(1) to transfer a greenhouse gas emissions permit, in whole or in part, £240;
(g) in respect of an application under regulation 16(1) to surrender a greenhouse gas emissions permit, £620;
(h) in respect of the revocation of a greenhouse gas emissions permit pursuant to regulation 17(2), 24(11) or 25(3), £620.
(2) A fee prescribed under paragraph 1 in respect of a variation notice or in respect of a revocation notice shall be payable by the date specified in the notice.
(2) A fee prescribed under sub-paragraph (1)(b) shall be payable by the date specified in the notice to which it relates.
(2) Where the application referred to in sub-paragraph (1)(a) does not include a nomination for an additional authorised representative, sub-paragraph (1)(b) shall not apply to the first notification under Article 19(3) of the Registries Regulation concerning either a change to the authorised representatives for the account or the nomination of an additional authorised representative for the account.
Estimated 2005 emissions or, where applicable, the estimated annual specified emissions from the installation to which the greenhouse gas emissions permit relates- | ||||
less than 50 kilotonnes per year | at least 50 and no more than 500 kilotonnes per year | greater than 500 kilotonnes per year | ||
Charge if on date on which these Regulations enter into force, the total number of installations published by the Secretary of State in accordance with paragraph 7(b) of this Schedule is- | less than 500 | £2,540 | £3,390 | £4,230 |
500 to 599 | £2,280 | £3,050 | £3,810 | |
600 to 699 | £2,110 | £2,820 | £3,520 | |
700 to 799 | £1,990 | £2,650 | £3,320 | |
800 to 899 | £1,900 | £2,530 | £3,170 | |
900 to 999 | £1,830 | £2,440 | £3,050 | |
1000 to 1099 | £1,750 | £2,350 | £2,900 | |
1100 to 1199 | £1,720 | £2,300 | £2,870 | |
1200 or more | £1,690 | £2,250 | £2,810 |
Amount of annual specified emissions or, where applicable, estimated annual specified emissions from the installation to which the greenhouse gas emissions permit relates- | ||||
less than 50 kilotonnes per year | at least 50 and no more than 500 kilotonnes per year | greater than 500 kilotonnes per year | ||
Charge if on 1st April of the financial year to which the charge relates, the total number of installations published by the Secretary of State in accordance with paragraph 7(b) of this Schedule is- | less than 500 | £2,915 | £3,765 | £4,605 |
500 to 599 | £2,553 | £3,323 | £4,083 | |
600 to 699 | £2,341 | £3,051 | £3,751 | |
700 to 799 | £2,190 | £2,850 | £3,520 | |
800 to 899 | £2,076 | £2,706 | £3,346 | |
900 to 999 | £1,988 | £2,598 | £3,208 | |
1000 to 1099 | £1,893 | £2,493 | £3,043 | |
1100 to 1199 | £1,850 | £2,430 | £3,000 | |
1200 or more | £1,815 | £2,375 | £2,935 |
7.
Subject to paragraph 8 of this Schedule, the Secretary of State shall before the expiry of a period of 7 days beginning, in relation to the financial year 2005/2006, on the date on which these Regulations enter into force or, in relation to the financial year 2006/2007 and each subsequent financial year, on 1st April 2006 and 1st April in each subsequent financial year -
8.
Where on the date of entry into force of these Regulations -
paragraphs 4 and 7 of this Schedule shall apply as if references to the date on which these Regulations enter into force were to the date of the expiry of a period of 7 days beginning on the application deadline or, where the European Commission refuses the application, the date on which the European Commission notifies its decision.
9.
Where during a financial year -
the charge payable under paragraph 4 or 5 of this Schedule in respect of the subsistence of the greenhouse gas emissions permit relating to the installation for the remainder of that financial year shall be a proportion of the charge shown in relation to the financial year 2005/06, in Table 1 or in relation to the financial year 2006/2007 and subsequent financial years, in Table 2 calculated on a daily basis for the remainder of the financial year commencing on the date of the grant of the greenhouse gas emissions permit, the date on which the installation ceased to be an excluded installation or the planned installation is put into operation, as appropriate.
10.
Subject to paragraph 11 of this Schedule-
11.
The operator of an installation may notify the regulator that it wishes to pay the charges prescribed under paragraphs 4 and 5 of this Schedule in instalments.
12.
Where an operator notifies the regulator under paragraph 11 -
is sent by the regulator to the operator;
(b) in subsequent financial years, the charge shall be payable in four equal instalments payable on the first day of each quarter in the financial year or, if later, on the expiry of a period of 28 days beginning on the date on which notice of -
14.
- (1) The registry administrator shall within 14 days of the date on which the Secretary of State publishes the total number of installations in accordance with paragraph 7(b), notify the regulator of the element of the charge prescribed under paragraph 4 or 5 which relates to the subsistence of the operator holding account in the registry ("the operator registry charge").
(2) The regulator shall pass on to the registry administrator any operator registry charge which it receives.
15.
For the purposes of this Schedule -
(2) If the Agency -
the Agency and SEPA shall each include in a charging scheme (subject to approval by the Secretary of State under section 42(2) below) provision giving effect to the proposals.
(3) If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies SEPA accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.
(4) A notification under subsection (2) or (3) above shall include details of the amount of the proposed charges.
(5) SEPA shall pass on to the Agency any operator registry charges that it receives.
(6) A charging scheme made by the Agency may require the payment to the Agency of such charges as may from time to time be prescribed in respect of -
(7) In this section -
(3) In sub-section (1) of section 56 of the 1995 Act (interpretation of Part 1), in each of the two definitions of "environmental licence" insert after paragraph (j) -
2.
- (1) The Pollution Prevention and Control Act 1999 shall be amended in accordance with sub-paragraph (2).
(2) In Schedule 1 -
[5] OJ No. L 275, 25.10.03, p.32. The Directive is amended by Directive 2004/101/EC, OJ No. L 338, 13.11.2004, p.18.back
[6] 2000 c.7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.back
[7] OJ No. L 59 , 26.02.04, p.1.back
[8] S.R. (NI) 2003 No 46, amended by S.I. 2003/496, S.I.2003/3311; there is another amending instrument which is not relevant.back
[9] 1974 c. 40; section 30A(1) was inserted by section 169 of, and Schedule 23 to, the Water Act 1989 (c. 15).back
[10] 1964 c. 29; section 1(7) was amended by the Oil and Gas (Enterprise Act) 1982 (c. 23), section 37 and Schedule 3, paragraph 1.back
[11] S.I. 2001/1091, amended by S.I. 2003/3311.back
[12] S.I. 1991/1220 (N.I.11); relevant amending instruments are S.I. 1999/663, 2003/430 (N.I.8).back
[13] OJ No. L 386, 29.12.2004, p.1back
[14] 1995 c. 25; section 108 was amended by the Pollution Prevention and Control Act 1999 (c. 24), section 6(2) and Schedule3, in relation to England and Wales by the Pollution Prevention and Control Regulations 2000(S.I.2000/1973), regulation 39 and Schedule 10, Part 1, paragraphs 14 and 16 and the Anti-Social Behaviour Act 2003, section 55(6), (7), (8) and (9)and in relation to Scotland by the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323), regulation 36, Schedule 10, Part 1, paragraph 5(1) and (3).back
[16] 1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (1989 c. 40).back
[17] S.I. 1986/1032 (N.I.6), amended by S.I. 1990/1504 (N.I.10); there is other amending legislation but none of it is relevant.back
[19] S.I. 1997/2777 (N.I.18), to which there are amendments not relevant to these Regulations.back
[20] S.I. 2000/1973, relevant amending instruments are S.I. 2002/1559, S.I. 2003/3311; there are other amending instruments but none is relevant.back
[21] S.S.I. 2000/323, relevant amending instruments are S.S.I. 2003/146, 2003/170, 2003/235, 2004/26 and 2005/101 and S.I. 2003/3311.back
[22] OJ No. L 257, 10.10.1996, p.26; to which there are amendments not relevant to this regulation.back
[25] 1972 c. 70; section 250 has been amended by the Statute Law (Repeals) Act 1989 (c. 43), Schedule 1, Part IV, the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46 and the Housing and Planning Act 1986 (c. 63), Schedule 12, Part III.back
[26] 1973 c. 65, section 210 was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289F and 289G (which were inserted into that Act by the Criminal Justice Act 1982 (c. 48), section 54) and the Housing and Planning Act 1986, Schedule 11, paragraph 39.back