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Article 2a Sub-installation to be treated as ceasing operation: regulator’s noticeF1

Original text. Later amendments are not shown.

(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.

Annotations

Textual amendments

F1

Art. 2a inserted (2.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 12