OpenLegislation

The CRC Energy Efficiency Scheme Order 2013

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

Draft 2013, ISBN 9780111535370

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 *** 2013

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the [ ] day of [May] 2013

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, 46(3), 49 and 90(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, appeals, revocations, continuing effect and amendments
  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 other than by groups
  34. 26Undertakings: disaggregation
  35. 27Changes to undertakings and groups
  36. 28Determinations by the administrator
  37. Chapter 5: Trustees
  38. 29Trustees: separate participation
  39. Chapter 6: Operators
  40. 30Operators: separate participation
  41. Part 3: Annual reports
  42. 31Provision of annual reports
  43. 32Annual report
  44. 33CRC emissions
  45. 34Changes affecting participants
  46. Part 4: Allowances and trading of CRC emissions
  47. 35Validity of allowances
  48. 36Allowances and CRC emissions
  49. 37Cancellation of allowances and surplus surrendered allowances
  50. 38Allowances and trading
  51. Part 5: Records and notification
  52. 39General
  53. 40Records: general
  54. 41Records: public disclosure
  55. 42Audit of records
  56. Part 6: Information and assistance requirements
  57. 43Supplies of electricity and gas under Part 6
  58. 44Information on electricity and gas supplied from authorised suppliers
  59. 45Information from electricity suppliers
  60. 46Information and assistance by occupiers
  61. 47Information and assistance by franchisees
  62. 48Information and assistance: public bodies
  63. 49Information and assistance by administrators, receivers and insolvency practitioners
  64. Part 7: Administration of the scheme
  65. 50The Registry
  66. 51Security of the Registry
  67. 52Security and identities
  68. 53Preventing or suspending use of the Registry
  69. 54Cancellation of registrations of participants
  70. 55Account holders
  71. 56Notification
  72. 57Determinations
  73. Part 8: Performance information and publication
  74. 58Publication of performance information
  75. 59Further publication
  76. Part 9: Charging
  77. 60Charges
  78. 61Chargeable activities
  79. 62Amount of charges
  80. 63Revised charges
  81. 64Collection and remittance of charges
  82. Part 10: Monitoring compliance
  83. 65Compliance notices
  84. 66Inspections
  85. Part 11: Enforcement
  86. 67Powers of the administrator in respect of enforcement
  87. 68Notices to provide information: compliance with articles 40 and 41
  88. 69Enforcement notices
  89. Part 12: Civil penalties
  90. 70Civil penalties
  91. 71Effect and recovery of civil penalties
  92. 72Discretion in waiving, imposition and modification of civil penalties
  93. 73Failures in respect of registration
  94. 74Failures in respect of annual reports
  95. 75Failures to provide information or notifications
  96. 76Inaccurate annual reports
  97. 77Failures to surrender allowances contrary to Part 4
  98. 78Later discovered failures to surrender allowances contrary to Part 4
  99. 79Failures to maintain records
  100. 80Failures to provide information under article 44
  101. 81Blocking and publication
  102. Part 13: Criminal offences and penalties
  103. 82Offences
  104. 83Penalties
  105. 84Bodies corporate
  106. 85Scottish partnerships
  107. 86The Crown
  108. Part 14: Appeals, service of notices and national security
  109. 87Appeals: general
  110. 88Grounds of appeal
  111. 89Appeal body
  112. 90Effect of an appeal
  113. 91Standard of proof
  114. 92Determination of an appeal
  115. 93Procedure for appeals
  116. 94Service of documents
  117. 95National security
  118. Part 15: Revocations, continuing effect and amendments
  119. 96Revocations, continuing effect and amendments
  120. Signature
  121. Schedule 1: Supplies and emissions
  122. Electricity and gas: general
  123. 1Electricity
  124. 2Gas
  125. 3Measurement units
  126. Electricity and gas: self-supply
  127. 4Self-supply of electricity by generators, transmitters, distributors and authorised suppliers
  128. 5Self-supply by authorised gas suppliers
  129. Franchise agreements
  130. 6Supplies under franchise agreements
  131. 7Franchise agreements
  132. 8Franchise agreements not existing
  133. 9Supplies to franchisees regarded as supplies to franchisors
  134. Trusts of land
  135. 10Supplies to trustees in relation to trust premises
  136. 11Supplies to beneficiaries
  137. 12Supplies to operators
  138. Deductions from supplies
  139. 13Deductions from supplies
  140. 14Unconsumed supply: electricity
  141. 15Unconsumed supply: gas
  142. 16Occupation of premises
  143. 17Consumption outside the United Kingdom
  144. 18Domestic accommodation
  145. 19Caravan sites: accommodation
  146. 20Emergency and temporary accommodation
  147. 21Transport consumption
  148. 22Un-metered transport supply: electricity
  149. 23Un-metered transport supply: gas
  150. 24Purposes of transport
  151. 25Consumption of gas for purposes other than heating
  152. 26Purposes of heating
  153. 27Minimal gas heating supply levels
  154. 28EU ETS installations
  155. 29CCA facility consumption
  156. Additions to supplies: estimation adjustments
  157. 30Additions to supplies
  158. 31Estimation adjustment: electricity and gas
  159. Renewables generation and amount of emissions from supplies
  160. 32Renewables generation: electricity
  161. 33Amount of emissions
  162. 34Conversion factors
  163. Schedule 2: Public bodies
  164. Interpretation
  165. 1Public bodies
  166. 2Public authorities and the National Assembly for Wales Commission
  167. 3Public bodies: bodies corporate
  168. 4Public bodies: proprietors of Academies and colleges
  169. 5Public bodies: one public body part of another
  170. Public bodies: groups
  171. 6Groups and members
  172. 7Bodies corporate
  173. 8Educational bodies: Wales
  174. 9Grant-aided schools: Northern Ireland
  175. Public bodies: government and local authority decisions
  176. 10Government and local authority decisions
  177. 11The Scottish Ministers
  178. 12The Welsh Assembly Government and Welsh Ministers
  179. 13Northern Ireland departments
  180. 14Government decisions
  181. 15Government decisions: supplies and departments
  182. 16Local authority decisions
  183. 17Notification of government and local authority decisions
  184. Schedule 3: Undertakings and participant equivalents
  185. Undertakings and participant equivalents
  186. 1Undertakings
  187. 2Participant equivalents
  188. 3Participant equivalents: movement between groups during a phase
  189. 4Undertakings or groups of undertakings as participants
  190. Schedule 4: Information on registration
  191. 1General
  192. 2Contact information
  193. 3Contact information
  194. 4Contact information
  195. 5Contact information
  196. 6Total supplies of qualifying electricity
  197. Schedule 5: Changes to participants
  198. Part 1: Public bodies: government
  199. Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
  200. 1Application of Part 1
  201. 2Notifications and applications: time to comply and the administrator
  202. Creation of new departments
  203. 3Creation of a new department
  204. 4Creation of a new department: year 1
  205. 5Creation of a new department: year 2
  206. 6Creation of a new department: after year 2
  207. 7Deemed supplies of the new department
  208. Transfers of parts of government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government
  209. 8Transfer of part of a department to another department
  210. 9Transfers: year 1
  211. 10Deemed supplies
  212. Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government
  213. 11Mergers of departments
  214. Government decisions and separate participation
  215. 12Government decisions
  216. 13Separate participants: year 1
  217. Part 2: Other public bodies
  218. 1Application of Part 2
  219. 2Notifications and applications: time to comply and the administrator
  220. 3Mergers of public bodies
  221. Part 3: Undertakings
  222. Post-qualification period
  223. 1Time for applications
  224. 2Participant equivalents leaving a group but not joining another group
  225. 3Joining of a participant or participant equivalent with a non-participant
  226. 4Joining of a participant with another participant
  227. 5Participant equivalents leaving a group and joining another group
  228. Annual reporting years and post-application periods
  229. 6Application during annual reporting years and post-application periods
  230. 7Notifications and applications: time to comply and the administrator
  231. 8Determinations
  232. 9Participant equivalents becoming participants
  233. 10Joining of a participant or participant equivalent with a non-participant
  234. 11Joining of a participant as a member of another participant
  235. 12Participant equivalents transferring to another participant
  236. 13Trustees: separate participation
  237. Schedule 6: The Registry
  238. 1Setting up accounts
  239. 2Account holders and information
  240. 3Recording of transfers between accounts
  241. 4Updating of accounts
  242. 5Non-compliance accounts and third party accounts
  243. Schedule 7: Appeals procedure
  244. Procedure for appeals against determinations, notices or penalties made or given by the Scottish Environment Protection Agency
  245. 1Paragraph 1
  246. 2Paragraph 2
  247. 3Paragraph 3
  248. 4Paragraph 4
  249. 5Paragraph 5
  250. Procedure for appeals against determinations, notices or penalties made or given by the chief inspector or the Department of the Environment
  251. 6Paragraph 6
  252. 7Paragraph 7
  253. 8Paragraph 8
  254. 9Paragraph 9
  255. 10Paragraph 10
  256. 11Paragraph 11
  257. 12Paragraph 12
  258. 13Paragraph 13
  259. Procedure for appeals against determinations, notices or penalties made or given by the Welsh Ministers or the Scottish Ministers
  260. 14Paragraph 14
  261. 15Paragraph 15
  262. 16Paragraph 16
  263. 17Paragraph 17
  264. 18Paragraph 18
  265. 19Paragraph 19
  266. 20Paragraph 20
  267. 21Paragraph 21
  268. 22Paragraph 22
  269. 23Paragraph 23
  270. 24Paragraph 24
  271. Schedule 8: Service of documents
  272. 1Paragraph 1
  273. 2Paragraph 2
  274. 3Paragraph 3
  275. 4Paragraph 4
  276. 5Paragraph 5
  277. 6Paragraph 6
  278. 7Paragraph 7
  279. 8Paragraph 8
  280. Schedule 9: Amendments to the CRC Energy Efficiency Scheme Order 2010
  281. 1Paragraph 1
  282. 2Paragraph 2
  283. 3Paragraph 3
  284. 4Paragraph 4
  285. 5Paragraph 5
  286. 6Paragraph 6
  287. 7Paragraph 7
  288. 8Paragraph 8
  289. 9Paragraph 9
  290. 10Paragraph 10
  291. 11Paragraph 11
  292. 12Paragraph 12
  293. 13Paragraph 13
  294. 14Paragraph 14
  295. 15Paragraph 15
  296. 16Paragraph 16
  297. 17Paragraph 17
  298. 18Paragraph 18
  299. 19Paragraph 19
  300. 20Paragraph 20
  301. 21Paragraph 21
  302. 22Paragraph 22
  303. Explanatory note