# The Greenhouse Gas Emissions Trading Scheme Order 2020, Paragraph 3: Meaning of regulated activity, etc.

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

(1) In this Order, “regulated activity” means any of the following—
(a) an activity set out in an entry in column 1 of table C that results in emissions of the gases set out in the corresponding entry in column 2; ...
(b) where such an activity is carried out on a site, the combustion of fuels in any combustion unit (including a combustion unit referred to in sub-paragraph (5)(a) or (b)) operated on the site that results in emissions of such gases, except for a combustion unit to which sub-paragraph (2) applies.
(c) where the activity set out in column 1 of the first row of table C (combustion of fuels, etc.) is carried out on an upstream site, upstream GHG removal on or after the relevant date in any stationary technical unit on the site that results in emissions of carbon dioxide.
(2) This sub-paragraph applies to a combustion unit if—
(a) the primary purpose of the unit is the incineration of hazardous or municipal waste; and
(b) the unit does not exclusively serve the stationary technical unit or units where the activity referred to in sub-paragraph (1)(a) is carried out.
(3) But sub-paragraph (2) does not apply to a combustion unit that is a flare.
Table C
Column 1
Column 2
Activities
Greenhouse gases
Combustion of fuels on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated
Carbon dioxide
Refining of mineral oil
Carbon dioxide
Production of coke
Carbon dioxide
Metal ore (including sulphide ore) roasting or sintering, including palletisation
Carbon dioxide
Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour
Carbon dioxide
Production or processing of ferrous metals (including ferro-alloys) on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated (and “processing” includes processing in rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling)
Carbon dioxide
Production of primary aluminium
Carbon dioxide
Perfluorocarbons
Production of secondary aluminium on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated
Carbon dioxide
Production or processing of non-ferrous metals (including production of alloys, refining and foundry casting) on a site where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 megawatts are operated
Carbon dioxide
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day
Carbon dioxide
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day
Carbon dioxide
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day
Carbon dioxide
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day
Carbon dioxide
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day
Carbon dioxide
Drying or calcination of gypsum or production of plaster boards and other gypsum products on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated
Carbon dioxide
Production of pulp from timber or other fibrous materials
Carbon dioxide
Production of paper or cardboard with a production capacity exceeding 20 tonnes per day
Carbon dioxide
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated
Carbon dioxide
Production of nitric acid
Carbon dioxide
Nitrous oxide
Production of adipic acid
Carbon dioxide
Nitrous oxide
Production of glyoxal and glyoxylic acid
Carbon dioxide
Nitrous oxide
Production of ammonia
Carbon dioxide
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day
Carbon dioxide
Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day
Carbon dioxide
Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)
Carbon dioxide
Capture of greenhouse gases from a regulated activity for the purpose of transport and geological storage in a storage site
Carbon dioxide
Transport of greenhouse gases by pipelines for geological storage in a storage site
Carbon dioxide
Geological storage of greenhouse gases in a storage site
Carbon dioxide
(4) 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.
(5) 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—
(a) combustion units with a rated thermal input below 3 megawatts;
(b) combustion units that use only biomass as a fuel.
(6) 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—
(a) an entry that does not refer to a threshold expressed as total rated thermal input; and
(b) an entry that refers to such a threshold,
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.
(6A) 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—
(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;
(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.
(6B) 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.
(7) 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.

---
Source: https://www.legislation.gov.uk/uksi/2020/1265/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-order-2020/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

