{
  "url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026/article-11",
  "json_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026/article-11.json",
  "legislation": "uksi/2026/278",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026",
  "legislation_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026",
  "path": "article/11",
  "kind": "article",
  "number": "11",
  "heading": "Schedule 8A amended (free allocation for former hospital or small emitters and ultra-small emitters)",
  "text": "(1) Schedule 8A is amended as follows.\n(2) In paragraph 4(2)(a) after “eligible scheme year” insert “, subject to paragraph 4(9) and (10)”.\n(3) After paragraph 4(8) insert—\n“(9) Where the benchmarks for the 2028, 2029 and 2030 scheme years have not been adopted under Article 16(13)(b)(ii) or 18(9)(b)(ii) of the Free Allocation Regulation on or before 30 September 2026—\n(a) the calculation referred to in paragraph 4(2)(a) of the final annual number of allowances to be allocated for any of the 2028, 2029 and 2030 scheme years must be undertaken by the regulator on or after 1st October 2027; and\n(b) where the UK ETS authority approved the final number of allowances to be allocated in respect of the installation for the 2027 scheme year and an ALC adjustment applies to a sub-installation of the installation for the 2027 scheme year, the regulator must—\n(i) make an equivalent adjustment to the final number of allowances to be allocated in respect of that sub-installation for the 2028, 2029 and 2030 scheme years; and\n(ii) reflect this adjustment in the final number of allowances to be allocated in respect of the installation which the sub-installation forms part of.\n(10) Where—\n(a) the regulator has calculated the final annual number of allowances to be allocated in respect of the installation and each sub-installation for any scheme year in the 2027-2030 allocation period under paragraph 4(2)(a);\n(b) the installation has at least one UK CBAM sub-installation within the meaning of Article 2(27) of the Free Allocation Regulation; and\n(c) either—\n(i) a different factor is provided for under Article 16(14) of the Free Allocation Regulation; or\n(ii) the product benchmark or PRODCOM code of the product produced in a sub-installation that is not a UK CBAM sub-installation for the 2027-2030 allocation period is subsequently added to the relevant table in Annex 9 to the Free Allocation Regulation;\nthe regulator must recalculate the final number of allowances to be allocated in the relevant period in respect of that installation in accordance with paragraph 4(3) or (4), and (5).\n(11) Where paragraph 4(10) applies and an ALC adjustment applies to the UK CBAM sub-installation for the scheme year immediately preceding the relevant period, the regulator must—\n(a) make an equivalent adjustment to the final number of allowances to be allocated in the relevant period for the UK CBAM sub-installation; and\n(b) reflect this adjustment in the final annual number of allowances to be allocated in the relevant period in respect of the installation which that UK CBAM sub-installation forms part of.\n(12) Subject to paragraph 4(13), in paragraph 4(10) and (11), “relevant period” means—\n(a) in the case of paragraph (10)(c)(i)—\n(i) the period beginning with the scheme year for which the factor has changed under Article 16(14) of the Free Allocation Regulation and ending with the 2030 scheme year; or\n(ii) where the scheme year for which the factor has changed is 2030, the 2030 scheme year;\n(b) in the case of paragraph (10)(c)(ii)—\n(i) the period beginning with the scheme year after the scheme year in which the product benchmark or PRODCOM code was added to the relevant table in Annex 9 to the Free Allocation Regulation and ending with the 2030 scheme year; or\n(ii) where the scheme year after the scheme year in which the product benchmark or PRODCOM code was added to the relevant table is 2030, the 2030 scheme year.\n(13) Where paragraph 4(9) applies and either of the following circumstances apply “relevant period” means the 2027 scheme year—\n(a) the scheme year for which the factor has changed under Article 16(14) of the Free Allocation Regulation is 2027; or\n(b) the scheme year after the scheme year in which the product benchmark or PRODCOM code was added to the relevant table in Annex 9 to the Free Allocation Regulation is 2027.\n(14) In paragraph 4(9)(b) and (11) an “ALC adjustment” means an adjustment to free allocation under the Activity Level Changes Regulation approved by the UK ETS authority under Article 6a of that Regulation.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/278/article/11",
    "retrieved_at": "2026-10-28T21:04:22.507430+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."
}