Article 2a Sub-installation to be treated as ceasing operation: regulator’s noticeF1
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.
A notice under this paragraph is a notice that states that the regulator considers that all operations have permanently ceased at the sub-installation.
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:
the operator intends for operations to resume at the sub-installation;
either:
the sub-installation is technically capable of resuming those operations without physical changes being made; or
the operator intends for the technical capability required for those operations to resume to be restored at the sub-installation.
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.
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