Paragraph 10 Joining of a participant or significant group undertaking with a non-participant

(1)

Sub-paragraphs (2) and (3) apply where the following change occurs—

(a)

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

(b)

D is not a participant.

(2)

Subject to sub-paragraph (6), in respect of the change—

(a)

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

(b)

where C is a participant, C must notify the administrator of the change and when it occurred;

(c)

where C is a significant group undertaking as a member of a participant, that participant must notify the administrator of the change and when it occurred;

(d)

where the change occurs in a footprint year, D must comply with Part 4 of this Order but only in respect of those supplies of electricity, gas or fuel which relate to C and as if C was part of D for the whole of the year in which the change occurs;

(e)

C is a significant group undertaking as a member of D for the phase and as if C was a member of D for the whole of the year in which the change occurs;

(f)

subject to the registration of D, and where C is a participant, the administrator must cancel the registration of C for the remainder of the phase.

(3)

Subject to sub-paragraph (6), where the change occurs in an annual reporting year—

(a)

D must provide an annual report in respect of the year but only in respect of those emissions which relate to C and as if C was a member of D for the whole of the year;

(b)

where C is a participant and C had a residual measurement list before the change occurred, D must compile such a list from the residual supplies of C.

(4)

Subject to sub-paragraph (6), sub-paragraph (5) applies where—

(a)

the change occurs in an annual reporting year; and

(b)

C is a significant group undertaking of a participant and that participant has a residual measurement list (“list A”) which includes residual supplies of C.

(5)

Where this sub-paragraph applies—

(a)

list A must be amended to exclude the residual supplies of C;

(b)

D must compile a residual measurement list from the residual supplies of C in list A.

(6)

Where C is a significant group undertaking of a participant and that participant has a member CCA exemption in respect of C—

(a)

sub-paragraph (2) applies except paragraphs (b) and (d);

(b)

sub-paragraphs (3) to (5) do not apply to D;

(c)

where D is—

(i)

a group of undertakings, D has a group CCA exemption;

(ii)

not such a group, D has a general CCA exemption;

and

(d)

subject to article 38, D is exempt from Parts 4 to 7 of this Order for the phase where the applicable exemption applies to D.