OpenLegislation

Article 57 Hospitals and small emitters: failure to notify when ceasing to meet criteria

Original text. Later amendments are not shown.

(1)

This article applies where—

(a)

either—

(i)

a hospital-qualifying installation ceases to be an installation that primarily provides services to a hospital in a scheme year for which the installation is a hospital or small emitter; or

(ii)

the reportable emissions of an installation (other than a hospital-qualifying installation) in a scheme year for which the installation is a hospital or small emitter exceed the maximum amount; and

(b)

the operator of the installation fails to comply (or to comply on time) with a requirement to give notice on or before 31st March in the following year (the “default year”) under a condition of a hospital or small emitter permit included under paragraph 11(3)(a) or (4) of Schedule 7.

(2)

Where the operator fails to give notice on or before 31st March in the default year, but does give notice on or before 31st October in that year, the operator is liable to a civil penalty of £2,500.

(3)

Where the operator fails to give notice on or before 31st October in the default year—

(a)

if there is no penalty year, the operator is liable to a civil penalty of £5,000;

(b)

if there is a penalty year, the operator is liable (after the end of the last penalty year) to a civil penalty of the sum of—

(i)

£5,000; and

(ii)

2 x the avoided compliance costs for each penalty year.

(4)

The avoided compliance costs, for each penalty year, are (RE x CP) – PP, where—

  • RE is the installation’s reportable emissions (determined as if the modification made to Article 38(2) of the Monitoring and Reporting Regulation 2018 by paragraph 13(4)(a) of Schedule 7 did not apply) in the penalty year;

  • CP is the carbon price for the penalty year;

  • PP is, where a penalty notice imposing a civil penalty under article 54 in respect of the penalty year has previously been given to the operator, the amount of the civil penalty.

(5)

In this article—

  • “hospital-qualifying installation” has the meaning given in paragraph 1 of Schedule 7;

  • “maximum amount” has the meaning given in that paragraph;

  • “penalty year” means a scheme year for which the installation—

    1. (a)

      is a hospital or small emitter; but

    2. (b)

      would not have been a hospital or small emitter if, by reason of the matters referred to in paragraph (1)(a)(i) or (ii), the regulator had, in the default year, given a conversion notice as required by paragraph 23(1) to (3) of Schedule 7 to the operator of the installation.