Paragraph 3 Meaning of regulated activity, etc.I1

In this Order, “regulated activity” means F1any of the following—

This sub-paragraph applies to a combustion unit if—

But sub-paragraph (2) does not apply to a combustion unit that is a flare.

For the purpose of calculating the production or other capacity set out in an entry in column 1 of table C, where more than one activity referred to in the entry is carried out on a site, the capacities of all such activities must be added together.

For the purpose of calculating the total rated thermal input of combustion units operated on a site, the rated thermal input of all combustion units on the site must be added together, except for—

Where the carrying out of an activity referred to in paragraph (a) of sub-paragraph (1) (that is to say, an activity set out in an entry in column 1 of table C) falls within both—

for the purpose of this Order, the reference to the activity in that paragraph must be treated as a reference to the activity falling within the entry referred to in paragraph (a) of this sub-paragraph.

In this paragraph—

• “relevant date” means 1st January 2025 or, if the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 is made on or after 16th November 2024, the first day of the fourth month after the month in which that Order is made;

• “upstream GHG removal” means the removal of constituent greenhouse gases from petroleum (whether by a chemical or physical process);

• “upstream site” means the site of—

  1. (a)

     a project carried out by virtue of a licence granted under section 2 of the Petroleum (Production) Act 1934, section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act (Northern Ireland) 1964;

  2. (b)

     a facility (other than a liquefied natural gas import or export facility or a facility operated by a gas transporter) where constituent greenhouse gases are removed from petroleum for the purpose of enabling it to be introduced into a pipeline system operated by a gas transporter or to be conveyed to an electricity generating station, a gas storage facility, a liquefied natural gas import or export facility or any place outside the United Kingdom.

In sub-paragraph (6A)—

• “gas storage facility” means a gas storage facility as defined in section 12(6) of the Gas Act 1995 or a gas storage facility as defined in Article 3(1) of the Gas (Northern Ireland) Order 1996;

• “gas transporter” means a gas transporter as defined in section 7(1) of the Gas Act 1986 or the holder of a licence under Article 8(1)(a) of the Gas (Northern Ireland) Order 1996;

• “liquefied natural gas import or export facility” means an LNG import or export facility as defined in section 12(6) of the Gas Act 1995 or an LNG facility as defined in Article 3(1) of the Gas (Northern Ireland) Order 1996;

• “petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 and includes petroleum that has undergone any processing.

In this Order, “specified emissions” means, in relation to a regulated activity referred to in sub-paragraph (1), the emissions of the gases referred to in that sub-paragraph.