United Kingdom Statutory Instruments

(a) CERs from project activities;

(b) ERUs from project activities; and

(c) allowances,

to comply with a requirement to surrender allowances imposed pursuant to regulation 10(3), 16(7)(b), 17(5)(b) or 40(2)(a).

    (2) An operator may not use ERUs to comply with an obligation relating to emissions in the first scheme phase.

    (3) An operator may not use CERs or ERUs generated from—

(a) nuclear facilities; or

(b) land use, land use change and forestry activities.

    (4) In relation to the second and subsequent scheme phases, an operator may only use CERs and ERUs up to the limit provided for in the approved national allocation plan for that scheme phase.

    (5) In relation to a scheme phase in which a partial transfer of a greenhouse gas emissions permit is effected in accordance with regulation 15(7)(a), an operator may not use CERs or ERUs where the obligation relates to the transferred unit.";

(i) in paragraph (1), for the words "For the purposes of the discharge of its functions under these Regulations," there shall be substituted "For the purposes in paragraph (4), ";

(ii) in paragraph (2), for the words "For the purpose of the discharge of its functions under these Regulations," there shall be substituted "For the purposes in paragraph (4),"; and

(iii) after paragraph (3), the following paragraphs shall be added—

(a) the purpose of the discharge of the relevant body's functions under these regulations; and

(b) the purpose of applying, seeking to apply, or assessing whether to seek to apply emission allowance trading to activities, installations and greenhouse gases which are not listed in Schedule 1 in accordance with Article 24 of the Directive.

    (5) Where the Secretary of State is entitled to serve a notice on a person under paragraph (2)—

(a) in relation to England and Wales, the regulator; and,

(b) in relation to Scotland and Northern Ireland, the regulator or the Environment Agency,

may serve that notice for the purpose of assisting the Secretary of State.".

" (h) in the case of an appeal under regulation 9(1) of the Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005, before the expiry of 6 months beginning with the date of the notice which is the subject matter of the appeal."; and

(d) the references to "regulation 33" in paragraph 3(2) and (6) were to this regulation.

(i) any equipment or materials that he requires; and

(ii) if he has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;

(c) to make such examination and investigation as he considers necessary (for which purpose he may install or maintain monitoring or other apparatus on the premises);

(d) as regards any premises which he has power to enter, to give a direction requiring that the premises or any part of the premises, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or inspection under sub-paragraph (c);

(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or inspection under sub-paragraph (c);

(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter and of the air in, or in the vicinity of, the premises;

(g) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to—

(i) attend at a place and time specified by the authorised person; and

(ii) answer (in the absence of any person other than persons whom the authorised person may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the authorised person may ask.

(h) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which he considers it necessary to see for the purposes of an examination or investigation under paragraph (c); and

(i) to require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any power conferred on him by this regulation.