The Vehicle Emissions Trading Schemes Order 2023
Draft 2023, ISBN 9780348252453
Draft Order in Council laid before Parliament, the Scottish Parliament and Senedd Cymru, under paragraph 11 of Schedule 3 to the Climate Change Act 2008, for approval by resolution of each House of Parliament, the Scottish Parliament and Senedd Cymru.
CLIMATE CHANGE
ROAD TRAFFIC
Made
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the *** day of ***
Present,
The King’s Most Excellent Majesty in Council
This Order is made in exercise of the powers conferred by sections 44, 46(3), 54 and 90(3) of, and Parts 1 and 3 of Schedule 2 and paragraph 9 of Schedule 3 to, the Climate Change Act 2008f1.
In accordance with paragraph 10 of Schedule 3 to that Act, before the recommendation to His Majesty in Council to make this Order was made—
- (a)
the advice of the Committee on Climate Change, including on the amount of the limit referred to in section 48(2) of that Act, was obtained and taken into account; and
- (b)
such persons likely to be affected by the Order as the Secretary of State, the Scottish Ministers and the Welsh Ministers considered appropriate were consulted.
In accordance with paragraph 11 of that Schedule, a draft of the instrument containing this Order was laid before Parliament, the Scottish Parliament and Senedd Cymru and approved by a resolution of each House of Parliament, the Scottish Parliament and Senedd Cymru.
Accordingly, His Majesty, by and with the advice of His Privy Council, makes the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Introductory provisions
- 1Citation and commencement
- 2Extent
- 3Interpretation
- Part 2: Establishment and general provision in relation to the Trading Schemes
- 4Establishment of the Trading Schemes
- 5Period by reference to which the Trading Schemes operate
- 6Administration of the Trading Schemes
- 7Allowances and credits: general
- 8Pool participants in the Trading Schemes: general
- Part 3: The Trading Schemes
- Chapter 1: The Non-Zero-Emission Car Registration Trading Scheme (CRTS)
- 9Interpretation of Chapter 1
- 10Activity to which the CRTS applies and unit of measurement of activity
- 11Participants in the CRTS
- 12CRTS allowances and limits on CRTS allowances and CRTS activity
- 13Allocation of CRTS allowances
- 14Banking CRTS allowances
- 15Borrowing CRTS allowances
- 16Banked allowances: pool CRTS participants
- 17Borrowed allowances: pool CRTS participants
- 18CRTS credits: general
- 19CRTS credits: registration of ZE SPVs (CRTS participants)
- 20CRTS credits: car clubs (CRTS participants)
- 21CRTS credits: registration of ZE SPVs (SPV car manufacturers)
- 22CRTS credits: car clubs (SPV car manufacturers)
- 23CRTS credits: conversion of unused CCTS allowances
- 24Measuring activity in the CRTS
- 25Trading CRTS allowances and credits: CRTS participants
- 26Trading CRTS credits: SPV car manufacturers
- 27Accounting for activity in the CRTS
- 28Payments: CRTS
- 29Banked or borrowed CRTS allowances of former CRTS participants
- 30Expiry of CRTS allowances and CRTS credits
- Chapter 2: The Non-Zero-Emission Car CO2 Trading Scheme (CCTS)
- 31Activity to which the CCTS applies and unit of measurement of activity
- 32Participants in the CCTS
- 33CCTS allowances
- 34Allocation of CCTS allowances
- 35Conversion of unused CRTS allowances into CCTS allowances
- 36Measuring activity in the CCTS
- 37Trading CCTS allowances
- 38Accounting for activity in the CCTS
- 39Payments: CCTS
- 40Expiry of CCTS allowances
- Chapter 3: The Non-Zero-Emission Van Registration Trading Scheme (VRTS)
- 41Interpretation of Chapter 3
- 42Activity to which the VRTS applies and unit of measurement of activity
- 43Participants in the VRTS
- 44VRTS allowances and limits on VRTS allowances and VRTS activity
- 45Allocation of VRTS allowances
- 46Banking VRTS allowances
- 47Borrowing VRTS allowances
- 48Banked allowances: pool VRTS participants
- 49Borrowed allowances: pool VRTS participants
- 50VRTS credits: general
- 51VRTS credits: registration of ZE SPVs (VRTS participants)
- 52VRTS credits: car clubs (VRTS participants)
- 53VRTS credits: registration of ZE SPVs (SPV van manufacturers)
- 54VRTS credits: car clubs (SPV van manufacturers)
- 55VRTS credits: conversion of unused VCTS allowances
- 56Measuring activity in the VRTS
- 57Trading VRTS allowances and credits: VRTS participants
- 58Trading VRTS credits: SPV van manufacturers
- 59Accounting for activity in the VRTS
- 60Payments: VRTS
- 61Banked or borrowed VRTS allowances of former VRTS participants
- 62Expiry of VRTS allowances and VRTS credits
- Chapter 4: The Non-Zero-Emission Van CO2 Trading Scheme (VCTS)
- 63Activity to which the VCTS applies and unit of measurement of activity
- 64Participants in the VCTS
- 65VCTS allowances
- 66Allocation of VCTS allowances
- 67Conversion of unused VRTS allowances into VCTS allowances
- 68Measuring activity in the VCTS
- 69Trading VCTS allowances
- 70Accounting for activity in the VCTS
- 71Payments: VCTS
- 72Expiry of VCTS allowances
- Part 4: Information
- 73Information: participants in the Trading Schemes
- 74Information: SPV manufacturers
- 75Maintenance and audit of records by participants in the Trading Schemes
- 76Maintenance and audit of records by SPV manufacturers
- 77Preparation of provisional information
- 78Error notification
- 79Preparation and notification of final information
- 80Publication of final information
- 81Power of administrator to require information from participants and SPV manufacturers
- 82Updating information provided with an application under Part 3 of Schedule 4 (low-volume participants)
- 83Updating information provided with an application under Schedule 5 (pool participants)
- 84Manner of provision of information to administrator
- Part 5: Monitoring compliance and enforcement
- 85Powers of administrator in respect of monitoring compliance
- 86Power to require production of documents or provision of information
- 87Power to question officers of a company
- 88Powers of entry, etc
- 89Seizure of documents or records
- 90Warrant
- 91Legal professional privilege
- 92Enforcement notices
- Part 6: Civil penalties
- 93Civil penalties: general
- 94Financial penalties: general
- 95Non-financial penalties: general
- 96Waiver and modification of civil penalties
- 97Failure to make a payment to account for activity in the Trading Schemes
- 98Failure to provide information under article 73
- 99Failure to maintain records
- 100Failure to provide information under article 81 (information required for the purposes of administering the Trading Schemes)
- 101Failure to provide information under article 86 (information required where suspected failure to comply with this Order)
- 102Failure to make officer available for questioning
- 103Refusal to allow access to premises
- 104Failure to comply with enforcement notice
- 105Provision of false or misleading information: participants in the Trading Schemes
- 106Provision of false or misleading information: SPV manufacturers
- Part 7: Appeals
- 107Decisions to which this Part applies
- 108Appeal against decisions of the administrator
- Part 8: Revocation, amendment and saving of EU Regulations relating to CO2 emission limits
- 109Interpretation of Part 8
- 110Partial revocation and amendment of Regulation (EU) 2019/631
- 111Amendment of Regulation (EU) 725/2011 (eco-innovation for passenger cars)
- 112Amendment of Regulation (EU) 427/2014 (eco-innovations for light commercial vehicles)
- 113Partial revocation and amendment of Regulation (EU) 1014/2010 and Regulation (EU) 293/2012 (monitoring and reporting of data on vehicle registration)
- 114Partial revocation and amendment of Regulation (EU) 63/2011 and Regulation (EU) 114/2013 (derogations)
- 115Revocation of Regulation (EU) 2017/1152 and Regulation (EU) 2017/1153
- 116Savings for monitoring and compliance in relation to Great Britain
- Part 9: Miscellaneous
- 117Crown application
- 118Review
- Signature
- Schedule 1: Baseline for the CCTS and VCTS
- Part 1: Baseline for the CCTS
- 1Interpretation and general
- 2Interpretation and general
- 3Interpretation and general
- 4Interpretation and general
- 5Existing manufacturer which met 2021 target
- 6Existing manufacturer which met 2021 target
- 7Exempt manufacturer for 2021
- 8Existing manufacturer which did not meet 2021 target
- 9Existing manufacturer which did not meet 2021 target
- 10Existing manufacturer in non-compliant pool met individual 2021 target
- 11Existing manufacturer in non-compliant pool met individual 2021 target
- 12Existing manufacturer in non-compliant pool did not meet individual 2021 target
- 13Existing manufacturer in non-compliant pool did not meet individual 2021 target
- 14New manufacturer in 2022
- 15New manufacturer in 2022
- 16New manufacturer in 2023
- 17New manufacturer in 2023
- 18New manufacturer from 2024
- 19New manufacturer from 2024
- 20Pool CCTS participant
- Part 2: Baseline for the VCTS
- 21Interpretation and general
- 22Interpretation and general
- 23Interpretation and general
- 24Interpretation and general
- 25Existing manufacturer which met 2021 target
- 26Existing manufacturer which met 2021 target
- 27Exempt manufacturer for 2021
- 28Existing manufacturer which did not meet 2021 target
- 29Existing manufacturer which did not meet 2021 target
- 30Existing manufacturer in non-compliant pool met individual 2021 target
- 31Existing manufacturer in non-compliant pool met individual 2021 target
- 32Existing manufacturer in non-compliant pool did not meet individual 2021 target
- 33Existing manufacturer in non-compliant pool did not meet individual 2021 target
- 34New manufacturer in 2022
- 35New manufacturer in 2022
- 36New manufacturer in 2023
- 37New manufacturer in 2023
- 38New manufacturer from 2024
- 39New manufacturer from 2024
- 40Pool VCTS participant
- Schedule 2: Car club conditions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 3: Determination of the specific emissions of CO2 of completed vans
- 1General
- 2General
- 3General
- 4General
- 5General
- 6Specific emissions of CO2 of a completed van which undergoes emissions testing at the final stage
- 7Specific emissions of CO2 of a completed van based on a complete base vehicle
- 8Specific emissions of CO2 of a completed van based on an incomplete base vehicle: general
- 9Specific emissions of CO2 of a completed van based on an incomplete base vehicle: general
- 10Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 11Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 12Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 13Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 14Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 15Monitoring emissions of CO2: modifications relating to fuel consumption and CO2 emissions
- 16Monitoring emissions of CO2: modifications relating to aerodynamic drag
- 17Monitoring emissions of CO2: modifications relating to aerodynamic drag
- 18Monitoring emissions of CO2: modifications relating to aerodynamic drag
- 19Monitoring emissions of CO2: modifications relating to aerodynamic drag
- Schedule 4: Low-volume CRTS participants and low-volume VRTS participants
- Part 1: General
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Participants with fewer than 1,000 car or van registrations during a scheme year
- 3Paragraph 3
- 4Paragraph 4
- Part 3: Participants with 1,000 to 2,499 car or van registrations during a scheme year
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 5: Application by two or more manufacturers to be a pool participant in the Trading Schemes
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 6: Percentage of total car or van registrations for the purpose of calculating CRTS allowances and VRTS allowances
- 1Percentage of total car registrations for the purpose of calculating CRTS allowances
- 2Percentage of total van registrations for the purpose of calculating VRTS allowances
- Schedule 7: Information provisions
- Part 1: Information relating to cars and ZE SPVs of category M1
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 2: Information relating to vans, ZE SPVs of category N1 and certain ZE SPVs of category N2
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 3: Information relating to the base vehicle of completed vans
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Explanatory note