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The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

S.I. 2018/1336 · Made 11 December 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Climate Change

Sift requirements satisfied 6th December 2018

Made 11th December 2018

Laid before Parliament 13th December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the CRC Energy Efficiency Scheme Order 2013
  3. Signature
  4. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

2Amendment of the CRC Energy Efficiency Scheme Order 2013I1

(1)

The CRC Energy Efficiency Scheme Order 2013 M1 (as it continues to have effect under article 3 of the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 M2) is amended as follows.

(2)

In Schedule 1—

(a)

for paragraph 16(3A) substitute—

“(3A)

Sub-paragraph (2) does not apply where—

(a)

the unconsumed supply is consumed by B—

(i)

before F1IP completion day, on the premises occupied by B to operate an EU ETS installation;

(ii)

on or after IP completion day, on the premises occupied by B in circumstances which, had that supply been consumed before IP completion day, would have been treated as falling within sub-paragraph (i);

(b)

the unconsumed supply is consumed by B on the premises occupied by B to operate a CCA facility;

(c)

the unconsumed supply is consumed by B on the premises occupied by B to operate a metallurgical process; or

(d)

the unconsumed supply is consumed by B on the premises occupied by B to operate a mineralogical process.”;

(b)

for paragraph 28(1), substitute—

“(1)

Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A—

(a)

before F2IP completion day for the purposes of operating an EU ETS installation; or

(b)

on or after IP completion day in circumstances which, had that supply been consumed before IP completion day, would have been treated as being for the purposes of operating an EU ETS installation.”;

(c)

in paragraph 29A(5) M3, after “NACE Revision 2”, insert “ as it applied immediately before F3IP completion day ”.

Signature

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy.

Claire Perry

Minister of State for Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (d) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation relating to the CRC Energy Efficiency Scheme in the CRC Energy Efficiency Scheme Order 2013 (S.I. 2013/1119) as saved with amendments by the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (S.I. 2018/841) and, in particular, provide for the continuation after exit day of exemptions applicable immediately before exit day.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.