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The CRC Energy Efficiency Scheme Order 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111491232

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid under paragraph 11 of Schedule 3 to the Climate Change Act 2008 before Parliament, for approval by resolution of each House of Parliament, and before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly for their approval.

Climate Change

Made ***

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

Whereas:

(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 2008f1—

(i)

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

(ii)

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

and

(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 and 46(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

Footnotes

f1

2008 c. 27.

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 and appeals
  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 by significant group undertakings
  34. 26Undertakings: applications other than by groups
  35. 27Changes to undertakings and groups
  36. 28Determinations by the administrator
  37. Part 3: Exemptions
  38. 29CCA emissions and target periods
  39. 30Total emissions
  40. 31Electricity generating credit
  41. 32Member CCA exemptions
  42. 33General CCA exemptions
  43. 34Group CCA exemptions
  44. 35Requirements for exemptions to apply: general
  45. 36Requirements for exemption to apply: exception
  46. 37Effect of exemptions and records
  47. 38Loss of exemptions and further exemptions
  48. Part 4: Footprint reports and residual measurement lists
  49. 39Provision of footprint reports
  50. 40Member CCA exemptions
  51. 41Footprint emissions
  52. 42Requirement for residual measurement lists
  53. 43Residual percentage
  54. 44Content of residual measurement lists
  55. 45Compilation of residual measurement lists
  56. 46Changes affecting participants
  57. Part 5: Annual reports
  58. 47Provision of annual reports
  59. 48Member CCA exemptions
  60. 49Annual report
  61. 50CRC emissions
  62. 51Changes affecting participants
  63. Part 6: Allowances and CRC emissions
  64. 52Validity of allowances
  65. 53Allowances and CRC emissions
  66. 54Cancellation of allowances and surplus surrendered allowances
  67. 55Allowances and trading
  68. 56Community tradeable emissions allowances
  69. Part 7: Records
  70. 57General
  71. 58Records: general
  72. 59Records: residual measurements lists and public disclosure
  73. 60Audit of records
  74. Part 8: Information and assistance requirements
  75. 61Supplies of electricity, gas and fuel under Part 8
  76. 62Information on half hourly meters and amount of supplies
  77. 63Information on electricity and gas supplied from authorised suppliers holding a licence
  78. 64Information from electricity suppliers
  79. 65Assistance by occupiers
  80. 66Information and assistance by franchisees
  81. 67Information and assistance: public bodies
  82. Part 9: Administration of the scheme
  83. 68The Registry
  84. 69Security of the Registry
  85. 70Security and identities
  86. 71Preventing or suspending use of the Registry
  87. 72Cancellation of registrations of participants
  88. 73Account holders
  89. 74Determinations
  90. Part 10: Achievement and performance tables, publication and verification
  91. 75Achievement tables
  92. 76No information on relative change and early action
  93. 77Performance tables
  94. 78Publication
  95. 79Verification
  96. 80Further publication
  97. Part 11: Charging
  98. 81Charges
  99. 82Chargeable activities
  100. 83Amount of charges
  101. 84Revised charges
  102. 85Collection and remittance of charges
  103. Part 12: Monitoring compliance
  104. 86Compliance notices
  105. 87Inspections
  106. Part 13: Enforcement
  107. 88Powers of the administrator in respect of enforcement
  108. 89Authorised persons
  109. 90Notices to provide information: compliance with articles 58 and 59
  110. 91Enforcement notices
  111. Part 14: Civil penalties
  112. 92Civil penalties
  113. 93Recovery of civil penalties
  114. 94Waiver and modification of civil penalties
  115. 95Failures in respect of registration
  116. 96Failures in respect of footprint reports
  117. 97Failures in respect of annual reports
  118. 98Failures to provide information or notifications
  119. 99Inaccurate footprint reports and annual reports
  120. 100Failures to surrender allowances contrary to Part 6
  121. 101Later discovered failures to surrender allowances contrary to Part 6
  122. 102Failures to maintain records
  123. 103Failures to provide information on half hourly meters under article 62
  124. 104Failures to provide information under article 64
  125. 105Blocking and publication
  126. Part 15: Criminal offences and penalties
  127. 106Offences
  128. 107Penalties
  129. 108Bodies corporate
  130. 109Scottish partnerships
  131. 110The Crown
  132. Part 16: Appeals, service of notices and national security
  133. 111Appeals
  134. 112Service of documents and periods to comply
  135. 113National security
  136. Signature
  137. Schedule 1: Supplies and emissions
  138. Electricity, gas and fuels: general
  139. 1Electricity
  140. 2Gas
  141. 3Fuels
  142. 4Fuels table
  143. 5Measurement units
  144. Electricity and gas: self-supply
  145. 6Self-supply of electricity by generators, transmitters, distributors and authorised suppliers
  146. 7Self-supply by authorised gas suppliers
  147. Franchise agreements
  148. 8Supplies under franchise agreements
  149. 9Franchise agreements
  150. 10Franchise agreements not existing
  151. 11Supplies to franchisees regarded as supplies to franchisors
  152. Deductions from supplies
  153. 12Deductions from supplies
  154. 13Unconsumed supply
  155. 14Occupation of premises
  156. 15Consumption outside the United Kingdom
  157. 16Domestic accommodation
  158. 17Caravan sites: accommodation
  159. 18Emergency and temporary accommodation
  160. 19Transport consumption
  161. 20Un-metered transport supply: electricity
  162. 21Un-metered transport supply: gas
  163. 22Purposes of transport
  164. Deductions from supplies during the first phase in Northern Ireland
  165. 23Application of section 5
  166. 24Public lighting supplies
  167. Additions to supplies: estimation adjustments
  168. 25Additions to supplies
  169. 26Estimation adjustment: electricity and gas
  170. 27Estimation adjustment: fuels
  171. Renewables generation and amount of emissions from supplies
  172. 28Renewables generation: electricity
  173. 29Amount of emissions
  174. 30Conversion factors
  175. 31Revisions to conversion factors
  176. Schedule 2: Core supplies
  177. Core electricity supplies
  178. 1Core electricity supplies
  179. 2Settled half hourly meters
  180. 3Non-settled half hourly meters
  181. 4Non-domestic meters
  182. 5Dynamic supply
  183. Core gas supplies
  184. 6Core gas supplies
  185. 7Daily meters
  186. 8Hourly meters
  187. 9Large gas point meters
  188. Schedule 3: Public bodies
  189. Interpretation
  190. 1Public bodies
  191. 2Public authorities and the National Assembly for Wales Commission
  192. 3Public bodies: bodies corporate
  193. 4Public bodies: proprietors of Academies and colleges
  194. 5Public bodies: one public body part of another
  195. Public bodies: groups
  196. 6Groups and members
  197. 7Bodies corporate
  198. 8Educational bodies: England and Wales
  199. 9Grant-aided schools: Northern Ireland
  200. Public bodies: government and local authority decisions
  201. 10Government and local authority decisions
  202. 11The Scottish Ministers
  203. 12The Welsh Assembly Government and Welsh Ministers
  204. 13Northern Ireland departments
  205. 14Government decisions
  206. 15Government decisions: supplies and departments
  207. 16Local authority decisions
  208. 17Notification of government and local authority decisions
  209. Schedule 4: Undertakings and significant group undertakings
  210. Undertakings and significant group undertakings
  211. 1Undertakings
  212. 2Significant group undertakings
  213. 3Significant group undertakings: movement between groups during a phase
  214. 4Significant group undertakings as participants
  215. Schedule 5: Information
  216. Information on registration
  217. 1General
  218. 2Contact information
  219. 3Contact information
  220. 4Contact information
  221. 5Contact information
  222. 6Total supplies of qualifying electricity
  223. 7Exemptions
  224. Information in footprint years
  225. 8General
  226. 9Supplies
  227. 10Residual measurement list and residual supplies
  228. 11Electricity generating credit and renewables generation
  229. 12EU ETS and CCA emissions
  230. 13Decisions in respect of domestic accommodation and un-metered transport supplies
  231. Schedule 6: Changes to participants
  232. Part 1: Public bodies: government
  233. Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
  234. 1Application of Part 1
  235. 2Notifications and applications: time to comply and the administrator
  236. Creation of new departments
  237. 3Creation of a new department
  238. 4Creation of a new department: year 1
  239. 5Creation of a new department: year 2
  240. 6Creation of a new department: after year 2
  241. 7Deemed supplies of the new department
  242. Transfers of parts of government departments, Northern Ireland departments or the Scottish Ministers
  243. 8Transfer of part of a department to another department
  244. 9Transfers: year 1
  245. 10Transfers: year 2
  246. 11Deemed supplies
  247. Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government
  248. 12Mergers of departments
  249. Government decisions and separate participation
  250. 13Government decisions
  251. 14Separate participants: year 1
  252. Part 2: Other public bodies
  253. 1Application of Part 2
  254. 2Notifications and applications: time to comply and the administrator
  255. 3Mergers of public bodies
  256. Part 3: Undertakings
  257. Post-qualification period
  258. 1Time for applications
  259. 2Significant group undertakings leaving a group but not joining another group
  260. 3Joining of undertakings with a group which is not required to register as a participant
  261. 4Joining of undertakings with a group which is required to register as a participant
  262. 5Significant group undertakings transferring between groups
  263. Footprint years and annual reporting years
  264. 6Application and general changes during footprint years and annual reporting years
  265. 7Notifications and applications: time to comply and the administrator
  266. 8Determinations
  267. 9Significant group undertakings becoming participants
  268. 10Joining of a participant or significant group undertaking with a non-participant
  269. 11Joining of a participant as a member of another participant
  270. 12Significant group undertakings transferring to another participant
  271. Schedule 7: The Registry
  272. 1Setting up accounts
  273. 2Account holders and information
  274. 3Recording of transfers between accounts
  275. 4Updating of accounts
  276. 5Non-compliance accounts and third party accounts
  277. Schedule 8: Achievement and performance tables
  278. 1Absolute change in CRC emissions
  279. 2Relative change in CRC emissions
  280. 3Historic average of CRC emissions and reported or determined CRC emissions
  281. 4Adjustments to CRC emissions
  282. 5Early action
  283. Schedule 9: Powers of entry and inspection
  285. 1Powers of entry and inspection
  286. 2Powers of entry and inspection
  287. 3Powers of entry and inspection
  288. 4Powers of entry and inspection
  289. 5Powers of entry and inspection
  290. 6Powers of entry and inspection
  291. 7Powers of entry and inspection
  292. 8Powers of entry and inspection
  293. Warrants, evidence and compensation
  294. 9Entry and inspection under warrant
  295. 10Entry and inspection under warrant
  296. 11Entry and inspection under warrant
  297. 12Entry and inspection under warrant
  298. 13Entry and inspection under warrant
  299. 14Entry and inspection under warrant
  300. 15Compensation in respect of entry and inspection
  301. 16Compensation in respect of entry and inspection
  302. 17Compensation in respect of entry and inspection
  303. 18Compensation in respect of entry and inspection
  304. Schedule 10: Appeals
  305. 1Paragraph 1
  306. 2Paragraph 2
  307. 3Paragraph 3
  308. 4Paragraph 4
  309. 5Paragraph 5
  310. 6Paragraph 6
  311. 7Paragraph 7
  312. 8Paragraph 8
  313. 9Paragraph 9
  314. 10Paragraph 10
  315. 11Paragraph 11
  316. 12Paragraph 12
  317. 13Paragraph 13
  318. 14Paragraph 14
  319. 15Paragraph 15
  320. 16Paragraph 16
  321. 17Paragraph 17
  322. Schedule 11: Service of documents
  323. 1Paragraph 1
  324. 2Paragraph 2
  325. 3Paragraph 3
  326. 4Paragraph 4
  327. 5Paragraph 5
  328. 6Paragraph 6
  329. 7Paragraph 7
  330. 8Paragraph 8
  331. 9Paragraph 9
  332. Explanatory note