# The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020, Paragraph 7: Article 5 amended (adjustments to free allocation due to activity level changes)

Extent: E+W+S+N.I.

(1) Article 5 is amended as follows.
(2) In paragraph 1—
(a) for “competent authority” substitute “ regulator ”;
(b) for “to that installation” substitute “ in respect of the sub-installation ”;
(c) for “That adjustment shall be made” substitute “ The regulator must calculate that adjustment ”.
(3) In paragraph 2—
(a) for “has been made” substitute “ has been approved by the UK ETS authority under Article 6a ”;
(b) for “to that installation” substitute “ in respect of the sub-installation ”.
(4) In paragraph 3—
(a) for “to that sub-installation” substitute “ in respect of the sub-installation ”;
(b) for “determined by Article 16 or 18 of Delegated Regulation (EU) 2019/331” substitute “ approved under Article 16b or 18a of the Free Allocation Regulation or under Article 6a of this Regulation ”;
(c) after “determining the average activity level.” insert “ The regulator must calculate an adjustment to the free allocation of the sub-installation accordingly. ”.
(5) In paragraph 4 for “the free allocation of this sub-installation shall be set to” substitute “ the regulator must calculate an adjustment to the free allocation of the sub-installation so that it is ”.
(6) Omit paragraph 6.
(7) After paragraph 5 insert—
“7 In this Article, a reference to the historical activity level of a sub-installation includes a reference to the historical activity level approved under Article 6a.”.

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Source: https://www.legislation.gov.uk/uksi/2020/1557/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2020/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.