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The CRC Energy Efficiency Scheme Order 2013 (revoked)

S.I. 2013/1119 · Made 15 May 2013 · Extends to United Kingdom

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

Climate Change

C1Made 15th May 2013

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 15th day of May 2013

Present,

The Queen's Most Excellent Majesty in Council

Whereas:

  1. (a)

    the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of the Environment of Northern Ireland have in accordance with section 48 of and paragraph 10 of Schedule 3 to the Climate Change Act 2008 M1—

    1. (i)

      obtained, and taken into account, the advice of the Committee on Climate Change in respect of this Order; and

    2. (ii)

      consulted such persons likely to be affected by this Order as they considered appropriate;

    and

  2. (b)

    in accordance with paragraph 11 of Schedule 3 to the Climate Change Act 2008, a draft of the statutory instrument containing this Order has been approved by resolution of each House of Parliament, the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly,

Her Majesty, in exercise of the powers conferred by sections 44, 46(3), 49 and 90(3) of and Schedule 2 and paragraph 9 of Schedule 3 to the Climate Change Act 2008, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Textual amendments

F1

Order revoked (with savings) (1.10.2018) by The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (S.I. 2018/841), arts. 1, 3

Marginal citations

M1

2008 c. 27.

Modifications

C1

Order modified (17.2.2015) by Wales Act 2014 (c. 29), ss. 4(4), 29(2)(a)

Contents

  1. Part 1: Introduction
  2. Chapter 1: General
  3. 1Citation and commencement
  4. 2The trading scheme: phases and application
  5. 3Interpretation
  6. 4Supplies and emissions
  7. 5Registration and requirements of participants and others
  8. 6Powers and duties of the administrator
  9. 7Penalties, offences, appeals, revocations, continuing effect and amendments
  10. 8Groups: liability to comply with this Order
  11. Chapter 2: The administrator and co-operation
  12. 9The administrator
  13. 10Co-operation and provision of information
  14. Part 2: Registration as a participant
  15. Chapter 1: General
  16. 11Applications, information and charges
  17. 12Time for applications
  18. 13Registration and certificates
  19. Chapter 2: Public bodies
  20. 14Government departments and the devolved administrations
  21. 15Other public bodies
  22. 16Public bodies: applications by groups
  23. 17Public bodies: applications other than by groups
  24. 18Determinations by the administrator
  25. Chapter 3: Universities and colleges: England
  26. 19Universities and colleges: England
  27. 20Qualifying electricity
  28. 21Universities and colleges: groups
  29. 22Applications
  30. Chapter 4: Undertakings
  31. 23Groups of undertakings
  32. 24Undertakings: applications by groups
  33. 25Undertakings: applications other than by groups
  34. 26Undertakings: disaggregation
  35. 27Changes to undertakings and groups
  36. 28Determinations by the administrator
  37. Chapter 5: Trustees
  38. 29Trustees: separate participation
  39. Chapter 6: Operators
  40. 30Operators: separate participation
  41. Part 3: Annual reports
  42. 31Provision of annual reports
  43. 32Annual report
  44. 33CRC emissions
  45. 34Changes affecting participants
  46. Part 4: Allowances and trading of CRC emissions
  47. 35Validity of allowances
  48. 36Allowances and CRC emissions
  49. 37Cancellation of allowances and surplus surrendered allowances
  50. 38Allowances and trading
  51. Part 5: Records and notification
  52. 39General
  53. 40Records: general
  54. 41Records: public disclosure
  55. 42Audit of records
  56. Part 6: Information and assistance requirements
  57. 43Supplies of electricity and gas under Part 6
  58. 44Information on electricity and gas supplied from authorised suppliers
  59. 45Information from electricity suppliers
  60. 46Information and assistance by occupiers
  61. 47Information and assistance by franchisees
  62. 48Information and assistance: public bodies
  63. 49Information and assistance by administrators, receivers and insolvency practitioners
  64. Part 7: Administration of the scheme
  65. 50The Registry
  66. 51Security of the Registry
  67. 52Security and identities
  68. 53Preventing or suspending use of the Registry
  69. 54Cancellation of registrations of participants
  70. 55Account holders
  71. 55AAccounts on or after 1st April 2022
  72. 55BCommunications on or after 1st April 2022
  73. 55CRecords and information on or after 1st April 2022
  74. 56Notification
  75. 57Determinations
  76. Part 8: Performance information and publication
  77. 58Publication of performance information
  78. 59Further publication
  79. Part 9: Charging
  80. 60Charges
  81. 61Chargeable activities
  82. 62Amount of charges
  83. 63Revised charges
  84. 64Collection and remittance of charges
  85. Part 10: Monitoring compliance
  86. 65Compliance notices
  87. 66Inspections
  88. Part 11: Enforcement
  89. 67Powers of the administrator in respect of enforcement
  90. 68Notices to provide information: compliance with articles 40 and 41
  91. 69Enforcement notices
  92. Part 12: Civil penalties
  93. 70Civil penalties
  94. 71Effect and recovery of civil penalties
  95. 72Discretion in waiving, imposition and modification of civil penalties
  96. 73Failures in respect of registration
  97. 74Failures in respect of annual reports
  98. 75Failures to provide information or notifications
  99. 76Inaccurate annual reports
  100. 77Failures to surrender allowances contrary to Part 4
  101. 78Later discovered failures to surrender allowances contrary to Part 4
  102. 79Failures to maintain records
  103. 80Failures to provide information under article 44
  104. 81Blocking and publication
  105. Part 13: Criminal offences and penalties
  106. 82Offences
  107. 83Penalties
  108. 84Bodies corporate
  109. 85Scottish partnerships
  110. 86The Crown
  111. Part 14: Appeals, service of notices and national security
  112. 87Appeals: general
  113. 88Grounds of appeal
  114. 89Appeal body
  115. 90Effect of an appeal
  116. 91Standard of proof
  117. 92Determination of an appeal
  118. 93Procedure for appeals
  119. 94Service of documents
  120. 95National security
  121. Part 15: Revocations, continuing effect and amendments
  122. 96Revocations, continuing effect and amendments
  123. Signature
  124. Schedule 1: Supplies and emissions
  125. Part SECTION 1: Electricity and gas: general
  126. 1Electricity
  127. 2Gas
  128. 3Measurement units
  129. Part SECTION 2: Electricity and gas: self-supply
  130. 4Self-supply of electricity by generators, transmitters, distributors and authorised suppliers
  131. 5Self-supply by authorised gas suppliers
  132. Part SECTION 3: Franchise agreements
  133. 6Supplies under franchise agreements
  134. 7Franchise agreements
  135. 8Franchise agreements not existing
  136. 9Supplies to franchisees regarded as supplies to franchisors
  137. Part SECTION 4: Trusts of land
  138. 10Supplies to trustees in relation to trust premises
  139. 11Supplies to beneficiaries
  140. 12Supplies to operators
  141. Part SECTION 5: Deductions from supplies
  142. 13Deductions from supplies
  143. 14Unconsumed supply: electricity
  144. 15Unconsumed supply: gas
  145. 16Occupation of premises
  146. 17Consumption outside the United Kingdom
  147. 18Domestic accommodation
  148. 19Caravan sites: accommodation
  149. 20Emergency and temporary accommodation
  150. 21Transport consumption
  151. 22Un-metered transport supply: electricity
  152. 23Un-metered transport supply: gas
  153. 24Purposes of transport
  154. 25Consumption of gas for purposes other than heating
  155. 26Purposes of heating
  156. 27Minimal gas heating supply levels
  157. 28EU ETS installations
  158. 29CCA facility consumption
  159. 29AMetallurgical and mineralogical processes consumption
  160. Part SECTION 6: Additions to supplies: estimation adjustments
  161. 30Additions to supplies
  162. 31Estimation adjustment: electricity and gas
  163. Part SECTION 7: Renewables generation and amount of emissions from supplies
  164. 32Renewables generation: electricity
  165. 33Amount of emissions
  166. 34Conversion factors
  167. Schedule 2: Public bodies
  168. Part SECTION 1: Interpretation
  169. 1Public bodies
  170. 2Public authorities and the National Assembly for Wales Commission
  171. 3Public bodies: bodies corporate
  172. 4Public bodies: proprietors of Academies and colleges
  173. 5Public bodies: one public body part of another
  174. Part SECTION 2: Public bodies: groups
  175. 6Groups and members
  176. 7Bodies corporate
  177. 8Educational bodies: Wales
  178. 9Grant-aided schools: Northern Ireland
  179. Part SECTION 3: Public bodies: government and local authority decisions
  180. 10Government and local authority decisions
  181. 11The Scottish Ministers
  182. 12The Welsh Assembly Government and Welsh Ministers
  183. 13Northern Ireland departments
  184. 14Government decisions
  185. 15Government decisions: supplies and departments
  186. 16Local authority decisions
  187. 17Notification of government and local authority decisions
  188. Schedule 3: Undertakings and participant equivalents
  189. Part: Undertakings and participant equivalents
  190. 1Undertakings
  191. 2Participant equivalents
  192. 3Participant equivalents: movement between groups during a phase
  193. 4Undertakings or groups of undertakings as participants
  194. Schedule 4: Information on registration
  195. 1General
  196. 2Contact information
  197. 3Paragraph 3
  198. 4Paragraph 4
  199. 5Paragraph 5
  200. 6Total supplies of qualifying electricity
  201. Schedule 5: Changes to participants
  202. Part 1: Public bodies: government
  203. Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
  204. 1Application of Part 1
  205. 2Notifications and applications: time to comply and the administrator
  206. Creation of new departments
  207. 3Creation of a new department
  208. 4Creation of a new department: year 1
  209. 5Creation of a new department: year 2
  210. 6Creation of a new department: after year 2
  211. 7Deemed supplies of the new department
  212. Transfers of parts of government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
  213. 8Transfer of part of a department to another department
  214. 9Transfers: year 1
  215. 10Deemed supplies
  216. Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government
  217. 11Mergers of departments
  218. Government decisions and separate participation
  219. 12Government decisions
  220. 13Separate participants: year 1
  221. Part 2: Other public bodies
  222. 1Application of Part 2
  223. 2Notifications and applications: time to comply and the administrator
  224. 3Mergers of public bodies
  225. Part 3: Undertakings
  226. Post-qualification period
  227. 1Time for applications
  228. 2Participant equivalents leaving a group but not joining another group
  229. 3Joining of a participant or participant equivalent with a non-participant
  230. 4Joining of a participant with another participant
  231. 5Participant equivalents leaving a group and joining another group
  232. Annual reporting years and post-application periods
  233. 6Application during annual reporting years and post-application periods
  234. 7Notifications and applications: time to comply and the administrator
  235. 8Determinations
  236. 9Participant equivalents becoming participants
  237. 10Joining of a participant or participant equivalent with a non-participant
  238. 11Joining of a participant as a member of another participant
  239. 12Participant equivalents transferring to another participant
  240. 13Trustees: separate participation
  241. Schedule 6: The Registry
  242. 1Setting up accounts
  243. 2Account holders and information
  244. 3Recording of transfers between accounts
  245. 4Updating of accounts
  246. 5Non-compliance accounts and third party accounts
  247. Schedule 7: Appeals procedure
  248. Part SECTION 1: Procedure for appeals against determinations, notices or penalties made or given by the Scottish Environment Protection Agency
  249. 1Paragraph 1
  250. 2Paragraph 2
  251. 3Paragraph 3
  252. 4Paragraph 4
  253. 5Paragraph 5
  254. Part SECTION 2: Procedure for appeals against determinations, notices or penalties made or given by the chief inspector or the Department of the Environment
  255. 6Paragraph 6
  256. 7Paragraph 7
  257. 8Paragraph 8
  258. 9Paragraph 9
  259. 10Paragraph 10
  260. 11Paragraph 11
  261. 12Paragraph 12
  262. 13Paragraph 13
  263. Part SECTION 3: Procedure for appeals against determinations, notices or penalties made or given by the Welsh Ministers or the Scottish Ministers
  264. 14Paragraph 14
  265. 15Paragraph 15
  266. 16Paragraph 16
  267. 17Paragraph 17
  268. 18Paragraph 18
  269. 19Paragraph 19
  270. 20Paragraph 20
  271. 21Paragraph 21
  272. 22Paragraph 22
  273. 23Paragraph 23
  274. 24Paragraph 24
  275. Schedule 8: Service of documents
  276. 1Paragraph 1
  277. 2Paragraph 2
  278. 3Paragraph 3
  279. 4Paragraph 4
  280. 5Paragraph 5
  281. 6Paragraph 6
  282. 7Paragraph 7
  283. 8Paragraph 8
  284. Schedule 9: Amendments to the CRC Energy Efficiency Scheme Order 2010
  285. 1Paragraph 1
  286. 2Paragraph 2
  287. 3Paragraph 3
  288. 4Paragraph 4
  289. 5Paragraph 5
  290. 6Paragraph 6
  291. 7Paragraph 7
  292. 8Paragraph 8
  293. 9Paragraph 9
  294. 10Paragraph 10
  295. 11Paragraph 11
  296. 12Paragraph 12
  297. 13Paragraph 13
  298. 14Paragraph 14
  299. 15Paragraph 15
  300. 16Paragraph 16
  301. 17Paragraph 17
  302. 18Paragraph 18
  303. 19Paragraph 19
  304. 20Paragraph 20
  305. 21Paragraph 21
  306. 22Paragraph 22
  307. Explanatory note