Paragraph 10 Joining of a participant or participant equivalent with a non-participant

(1)

Sub-paragraphs (2) to (8) apply where the following change occurs—

(a)

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

(b)

D is not a participant.

(2)

In respect of the change, where C is a participant—

(a)

C must notify the administrator of the change and when it occurred; or

(b)

D must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(3)

In respect of the change, where C is a participant equivalent—

(a)

C must—

(i)

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

(ii)

notify the administrator of the change and when it occurred; or

(b)

D must—

(i)

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

(ii)

notify the administrator of the change and when it occurred.

(4)

Where—

(a)

D applies for registration under sub-paragraph (2)(b) or (3)(b); and

(b)

C is a participant,

C’s registration is cancelled.

(5)

Where—

(a)

D does not apply for registration under sub-paragraph (2)(b) or (3)(b); and

(b)

C is a participant,

C’s registration is not cancelled.

(6)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and as if C were a member of D for the whole of that year.

(7)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C for the whole of that year.

(8)

Where a non participant equivalent member of C is a participant, that member—

(a)

continues as a participant; or

(b)

must—

(i)

notify the administrator of the change and when it occurred; and

(ii)

in the notification, inform the administrator whether or not its registration is to be cancelled.

(9)

Sub-paragraphs (10) to (12) apply where the following change occurs—

(a)

a participant equivalent (“C”) is a member of a participant (“A”);

(b)

C becomes a member of a group (“D”); and

(c)

D is not a participant.

(10)

In respect of the change—

(a)

A and D must notify the administrator of the change and when it occurred and D must apply for registration as a participant in accordance with article 11; or

(b)

C must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred.

(11)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has registered on behalf of C,

D must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiary undertakings that become a member of D and as if C were a member of D, for the whole of that year.

(12)

Where—

(a)

the change occurs in an annual reporting year; and

(b)

D has not registered on behalf of C,

C must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiaries that become a member of D, for the whole of that year.