Paragraph 9 Significant group undertakings becoming participants

(1)

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

(a)

a participant (“A”) consists of a group;

(b)

a significant group undertaking (“B”) leaves that group; and

(c)

B does not become a member of another group.

(2)

Subject to sub-paragraph (4), in respect of the change—

(a)

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

(b)

A and B must notify the administrator of the change and when it occurred;

(c)

where the change occurs in a footprint year, B must comply with Part 4 of this Order as if B was a participant for the whole of the year in which the change occurs.

(3)

Subject to sub-paragraph (4), where the change occurs in an annual reporting year—

(a)

B must provide an annual report in respect of the annual reporting year as if B was a participant for the whole of that year; and

(b)

where A has a residual measurement list (“list A”) which includes the residual supplies of B—

(i)

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

(ii)

B must compile a residual measurement list from B’s residual supplies in list A.

(4)

Where A has a member CCA exemption in respect of B—

(a)

sub-paragraph (2)(a) applies but otherwise sub-paragraphs (2) and (3) do not apply to B;

(b)

where B is—

(i)

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

(ii)

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

and

(c)

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