Article 3 Interpretation

In this Order—

• “the 2000 Act” means the Freedom of Information Act 2000^f1;

• “account holder” means the public body, undertaking or other person in whose name an account in the Registry is held;

• “achievement table” has the meaning given by article 75(3);

• “the Act” means the Climate Change Act 2008;

• “the administrator” has the meaning given by article 9;

• “allowance” means a tradeable allowance issued under regulations made by the Treasury under section 21 of the Finance Act 2008^f2;

• “annual report” means the report described in article 49;

• “annual reporting year” means—

  1. (a)

     in respect of the first phase, each year of that phase;

  2. (b)

     in respect of the second and subsequent phases, the second and subsequent years of that phase;

• “applicant” means—

  1. (a)

     a public body or group of public bodies; or

  2. (b)

     an undertaking or group of undertakings,

  required to submit an application for registration as a participant under Part 2 or Schedule 6;

• “authorised supplier” means—

  1. (a)

     in respect of electricity, a person who is licensed to supply electricity (or is exempt from requiring a licence to do so) as defined by—

     1. (i)

        section 64(1) of the Electricity Act 1989^f3; or

     2. (ii)

        Article 8(1)(c) of the Electricity (Northern Ireland) Order 1992^f4;

  2. (b)

     in respect of gas, a person who is licensed to supply gas (or is exempt from requiring a licence to do so) as defined by—

     1. (i)

        section 48(1) of the Gas Act 1986^f5; or

     2. (ii)

        Article 6(1)(c) of the Gas (Northern Ireland) Order 1996^f6;

• “blocking” has the meaning given by article 105(3);

• “cancellation account” means the account provided by the administrator into which allowances must be surrendered by a participant in compliance with article 53;

• “CCA” means a climate change agreement within the meaning given in paragraph 46 of Schedule 6 to the Finance Act 2000^f7;

• “CCA emissions” has the meanings given by paragraph 12(3) of Schedule 5;

• “CCA facility” means a facility which is subject to a CCA target;

• “CCA target” means a target in respect of energy use or carbon emissions under a CCA;

• “CCA target period” means a period referred to as a target period in a CCA or in any rules applicable to a CCA in which a CCA target is to be achieved;

• “charitable purpose” has the meaning given by—

  1. (a)

     section 2 of the Charities Act 2006^f8 in relation to England and Wales;

  2. (b)

     section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005^f9 in relation to Scotland;

  3. (c)

     section 2 of the Charities Act (Northern Ireland) 2008^f10 in relation to Northern Ireland;

• “charge” and “charging” have the meanings given in Part 11;

• “Chief inspector” means the Chief inspector constituted under regulation 8(3) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003^f11;

• “civil penalty” means a penalty which may be imposed under Part 14;

• “Community tradeable emissions allowances” has the meaning given by Article 3a of the EU ETS Directive;

• “compliance account” means the account of a participant from which allowances must be surrendered to the cancellation account in compliance with article 53;

• “core emissions” has the meaning given by article 42(3);

• “core supply” means a supply of electricity or gas described in Schedule 2;

• “CRC” means carbon reduction commitment;

• “CRC emissions” has the meaning given by article 50(1);

• “CRC supplies” has the meaning given by article 50(2);

• “day” means a working day unless provided to the contrary;

• “daily meter” applies in relation to a supply of gas and has the meaning given by paragraph 7 of Schedule 2;

• “domestic accommodation” has the meaning given by paragraph 16(3) of Schedule 1;

• “dynamic supply” means a supply of electricity described in paragraph 5 of Schedule 2;

• “early action” has the meaning given by paragraph 5(2) of Schedule 8;

• “electricity generating credit” has the meaning given by article 31(2) but where it applies other than in Part 3, reference to “applicant” in that expression is to be read as a reference to “participant”;

• “enforcement notice” has the meaning given by article 91;

• “EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC^f12, as amended from time to time;

• “EU ETS emissions” has the meanings given by paragraph 12(2) of Schedule 5;

• “EU ETS installation” means—

  1. (a)

     an activity or installation within scope of the EU ETS Directive; and

  2. (b)

     any additional activity not included within Annex I of that Directive but approved in the United Kingdom under Article 24,

  but not an installation approved as excluded in the United Kingdom under Article 27;

• “exemption CCA target period” has the meaning given by article 29;

• “footprint emissions” has the meaning given by article 41;

• “footprint report” has the meaning given by article 39(1)(a);

• “footprint year” means the first year of each phase;

• “franchise” and the related expressions, “franchise agreement”, “franchise premises”, “franchisee” and “franchisor” have the meanings given in section 3 of Schedule 1;

• “fuel” has the meaning given by paragraph 3(3) of Schedule 1;

• “general CCA exemption” has the meaning given by article 33;

• “generated and supplied electricity” has the meaning given by article 31(1)(d);

• “government decision” has the meaning given by paragraph 14 of Schedule 3;

• “group” has the meaning given by—

  1. (a)

     paragraph 6 of Schedule 3, in respect of public bodies;

  2. (b)

     paragraph 1 of Schedule 4, in respect of undertakings;

• “group CCA exemption” has the meaning given by article 34;

• “group undertaking” has the meaning given by paragraph 1 of Schedule 4;

• “highest parent undertaking” has the meaning given by paragraph 1 of Schedule 4;

• “hourly meter” applies in relation to a supply of gas and has the meaning given by paragraph 8(1) of Schedule 2;

• “independent college group” has the meaning given by article 21(1)(b)(ii);

• “kWh” means kilowatt hour or hours;

• “local authority decision” has the meaning given by paragraph 16 of Schedule 3;

• “member CCA exemption” has the meaning given by article 32;

• “MWh” means megawatt hour or hours;

• “non-settled half hourly meter” applies in relation to a supply of electricity and has the meaning given by paragraph 3(1) of Schedule 2;

• “participant” means the following registered by the administrator as a participant—

  1. (a)

     a public body or group of public bodies; or

  2. (b)

     an undertaking or group of undertakings,

  which carries out a scheme activity; and where a participant is a group, subject to Schedule 6, the participant constitutes the members from time to time of that group;

• “performance table” has the meaning given by article 77(1);

• “phase” means one of the seven phases of the scheme described in article 2(1);

• “post-qualification period” has the meaning given by article 27;

• “premises” means any—

  1. (a)

     land, vehicle or vessel; or

  2. (b)

     plant which is designed to move or be moved whether on roads or otherwise;

• “principal place of activity” means the principal place in the United Kingdom—

  1. (a)

     where the applicant or participant carries on the scheme activity applicable to it; or

  2. (b)

     if an applicant or participant carries on more than one scheme activity, where it carries on the main scheme activity;

• “publication” has the meaning given by article 105(3);

• “public function” means any activity carried out by a public body;

• “public body” has the meaning given in section 1 of Schedule 3;

• “qualification day” means the last day of a qualification year;

• “qualification criteria” means that—

  1. (a)

     an applicant is supplied with electricity by a settled half hourly meter;

  2. (b)

     qualifying electricity is supplied to it for the purposes of a scheme activity; and

  3. (c)

     the amount of that qualifying electricity satisfies the qualifying amount;

• “qualification year” means—

  1. (a)

     in respect of the first phase, the 2008 calendar year;

  2. (b)

     in respect of the second and subsequent phases, the year immediately before the beginning of the phase;

• “qualifying amount” means 6000 MWh or more;

• “qualifying electricity” means electricity supplied to a public body or undertaking in accordance with sections 1 to 5 of Schedule 1—

  1. (a)

     measured by a meter described in paragraph 1 of Schedule 2 except a non-domestic meter; or

  2. (b)

     which is a dynamic supply;

• “the Registry” has the meaning given by article 68;

• “relative change” has the meaning given by paragraph 2 of Schedule 8;

• “renewables generation” has the meaning given by paragraph 28 of Schedule 1;

• “residual measurement list” has the meaning given by article 44(4);

• “residual supplies” has the meaning given by article 44(5);

• “ROC” means a renewables obligation certificate issued further to an order made under—

  1. (a)

     sections 32 to 32M of the Electricity Act 1989^f13; or

  2. (b)

     Articles 52 to 55F of the Energy (Northern Ireland) Order 2003^f14;

• “scheme” means the trading scheme established by this Order;

• “scheme activity” means to carry on a business or a public function or an activity which has a charitable purpose;

• “settled half hourly meter” applies in relation to a supply of electricity and has the meaning given by paragraph 2(1) of Schedule 2;

• “significant group undertaking” has the meaning given by paragraphs 2 and 4 of Schedule 4;

• “tCO₂” means tonne or tonnes of carbon dioxide;

• “third party” means a person, other than a participant, for whom the administrator has opened an account in the Registry;

• “total emissions” has the meaning given by article 30;

• “transport consumption” has the meaning given by paragraph 19 of Schedule 1;

• “turnover” means—

  1. (a)

     where a participant is an undertaking or group of undertakings, its turnover as defined in section 474(1) of the Companies Act 2006^f15 as if that section—

     1. (i)

        applied to undertakings as defined in this Order; but

     2. (ii)

        did not apply to turnover arising outside the United Kingdom;

     or

  2. (b)

     where a participant is a public body or group of public bodies, the revenue expenditure of the participant;

• “undertaking” has the meaning given in paragraph 1 of Schedule 4;

• “unit of turnover” means turnover expressed in pounds sterling rounded up to the nearest pound;

• “vessel” means, except under paragraph 22 of Schedule 1, any boat or ship;

• “working day” means 9 am to 5 pm on Mondays to Fridays excluding—

  1. (a)

     bank holidays within the meaning of section 1 of the Banking and Financial Dealings Act 1971^f16, including those bank holidays in part only of the United Kingdom;

  2. (b)

     Good Friday; and

  3. (c)

     when it falls on a day that would otherwise be a working day, Christmas Day;

• “year” means (except for the qualification year in respect of the first phase) 1st April to the following 31st March, inclusive of those dates.