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Paragraph 10 Joining of a participant or participant equivalent with a non-participantF1

(1)

Sub-paragraphs (2) to (8) apply where the following change occurs—

(a)

a participant or participant equivalent (“C”) becomes a member of a group ( “ D ”); and

(b)

D is not a participant.

(2)

In respect of the change, where C is a participant—

(a)

C must notify the administrator of the change and when it occurred; or

(b)

D must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(3)

In respect of the change, where C is a participant equivalent—

(a)

C must—

(i)

apply for registration as a participant in accordance with article 11; and

(ii)

notify the administrator of the change and when it occurred; or

(b)

D must—

(i)

apply for registration as a participant in accordance with article 11; and

(ii)

notify the administrator of the change and when it occurred.

(4)

Where—

(a)

D applies for registration under sub-paragraph (2)(b) or (3)(b); and

(b)

C is a participant,

C's registration is cancelled.

(5)

Where—

(a)

D does not apply for registration under sub-paragraph (2)(b) or (3)(b); and

(b)

C is a participant,

C's registration is not cancelled.

(6)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and as if C were a member of D for the whole of that year.

(7)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C for the whole of that year.

(8)

Where a non participant equivalent member of C is a participant, that member—

(a)

continues as a participant; or

(b)

must—

(i)

notify the administrator of the change and when it occurred; and

(ii)

in the notification, inform the administrator whether or not its registration is to be cancelled.

(9)

Sub-paragraphs (10) to (12) apply where the following change occurs—

(a)

a participant equivalent (“C”) is a member of a participant (“A”);

(b)

C becomes a member of a group ( “ D ”); and

(c)

D is not a participant.

(10)

In respect of the change—

(a)

A and D must notify the administrator of the change and when it occurred and D must apply for registration as a participant in accordance with article 11; or

(b)

C must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(11)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and any of C's subsidiary undertakings that become a member of D and as if C were a member of D, for the whole of that year.

(12)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C and any of C's subsidiaries that become a member of D, for the whole of that year.

Annotations

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