{
  "url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-no-3-regulations-2019/regulation-20",
  "json_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-no-3-regulations-2019/regulation-20.json",
  "legislation": "uksi/2019/1440",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-no-3-regulations-2019",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Amendment of regulation 54",
  "text": "(1) Regulation 54 is amended as follows.\n(2) After paragraph (2), insert—\n“(2A) Any—\n(a) increase in the amount of allowances required by regulation 42B(2);\n(b) increase in the amount of annual reportable emissions required by regulation 42B(3); or\n(c) deemed increase in an installation's annual reportable emissions in a recovery year pursuant to paragraph 2(5) of Schedule 4,\nmust be disregarded for the purpose of calculating the excess emissions penalty.”.\n(3) In paragraph (4), from “that—” to the end, substitute “ exceed P's verified annual reportable emissions for that year ”.\n(4) For paragraph (5) substitute—\n“(5) This paragraph applies where—\n(a) the regulator becomes aware that P's annual reportable emissions in a scheme year exceed P's verified annual reportable emissions in respect of that year; and\n(b) P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the following scheme year.”.\n(5) In paragraph (6), omit “by the relevant date”.\n(6) In paragraph (7)—\n(a) omit sub-paragraph (b);\n(b) after sub-paragraph (c), insert—\n“(ca) “verified annual reportable emissions” means annual reportable emissions that are—\n(i) verified pursuant to regulation 35(3) or paragraph 2(3)(b) of Schedule 4;\n(ii) considered verified pursuant to regulation 35(7); or\n(iii) determined by the regulator pursuant to regulation 44;”.\n(7) After paragraph (8), insert—\n“(9) Where—\n(a) a person was liable to a civil penalty under this regulation for a failure to surrender a number of allowances equal to the unreported emissions in any relevant year; and\n(b) a penalty notice has not been served in respect of that penalty,\nthe provisions of paragraphs (4) to (7) apply in respect of such emissions.\n(10) In paragraph (9), “relevant year” means a scheme year during the years 2013 to 2018.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 20 in force at 21.11.2019, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1440/regulation/20",
    "retrieved_at": "2026-10-28T22:35:48.701291+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}