# The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025, Article 12: Article 2a inserted


After Article 2 insert—
“Article 2a
Sub-installation to be treated as ceasing operation: regulator’s notice
1. Where the regulator gives a notice under paragraph 2 to the operator of an installation that includes a sub-installation at which all operations have ceased, the sub-installation must be treated as having ceased operation for the purposes of this Regulation on the last day on which operations were carried out at the sub-installation.
2. A notice under this paragraph is a notice that states that the regulator considers that all operations have permanently ceased at the sub-installation.
3. The regulator may give a notice under paragraph 2 if, at any time during which all operations have ceased at a sub-installation, the operator fails to satisfy the regulator (whether in accordance with Article 3(9) or otherwise) that each of the following conditions is met in respect of the sub-installation:
(a) the operator intends for operations to resume at the sub-installation;
(b) either:
(i) the sub-installation is technically capable of resuming those operations without physical changes being made; or
(ii) the operator intends for the technical capability required for those operations to resume to be restored at the sub-installation.
4. To avoid doubt, nothing in this Article prevents the regulator from giving a notice under paragraph 2 in circumstances in which the regulator has previously confirmed that the regulator was, at that time, satisfied that the conditions referred to in paragraph 3 were met in respect of the sub-installation.
5. The regulator may withdraw a notice under paragraph 2 at any time by giving notice of the withdrawal to the operator.”.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348266597/article/12 (the official version)
Page: https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-amendment-order-2025/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.