Explanatory note

This Order amends the Vehicle Emissions Trading Schemes Order 2023 (“the 2023 Order”). It also extends that Order to Northern Ireland.

Article 3 disapplies the range condition in the definition of zero emission vehicles for hydrogen powered fuel cell vehicles, adds a definition for a UN Regulation and adds a method of the type approval of vans to the definition of manufacturer.

Articles 4 and 6 remove the cap on the number of credits a manufacturer can earn for the registration of Special Purpose Vehicles.

Articles 5 and 7 adjust the method for calculating the cap on the number of unused allowances in the carbon emission Trading Schemes which may be converted into credits in the corresponding vehicle registration scheme.

Article 8 removes the requirements for the date of registration of cars and vans and the range of electric vans to be taken from the Certificate of Conformity, or the individual vehicle approval certificate, when gathering information in relation to participants in the Trading Schemes.

Article 9 extends the meaning of “banked” allowances to the relevant provisions of Part 4 of the 2023 Order.

Article 10 corrects a typographical error.

Article 11 adds a financial penalty for providing false or misleading information under article 87 of the 2023 Order (power to question officers of a company).

Articles 12 and 14 update the figure representing the average mass of vans so that it aligns with other relevant legislation.

Article 13 alters the requirement to provide both hard and electronic copies of the application to be classed as a low-volume manufacturer and adds in the category of each vehicle as information to be submitted.

Part 3 extends the Vehicle Emissions Trading Schemes Order 2023 to Northern Ireland and makes consequential amendments to take account of the Order applying to the whole of the United Kingdom.

Part 4 revokes and amends assimilated direct law that contains carbon emission targets in Northern Ireland, subject to savings provisions so that the administrative functions of the previous carbon emissions monitoring and enforcement regime will still be operable once the Vehicle Emissions Trading Schemes Order 2023 comes into force in Northern Ireland. Other assimilated law is also preserved for the United Kingdom relating to eco-innovations and the reporting of information about real world emissions.

An impact assessment (in the form of a cost benefit analysis) of the effect that the Trading Schemes will have, including in Northern Ireland, on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P, and is available alongside the instrument and the Explanatory Memorandum on www.legislation.gov.uk.