# The CRC Energy Efficiency Scheme Order 2010, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491232/schedule/6/part/3/crossheading/footprint-years-and-annual-reporting-years/paragraph/10 (the official version)
Page: https://openlegislation.uk/draft-crc-energy-efficiency-scheme-order-2010/schedule-6/part-3/crossheading-footprint-years-and-annual-reporting-years/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.