Paragraph 11 Surrender of permitsI1
United Kingdom
Where a permit authorises a regulated activity to be carried out at an installation which has ceased operation, the operator must apply to the regulator to surrender the permit on or before—
the relevant surrender date; or
such later date as may be agreed by the regulator.
For the purposes of sub-paragraph (1), the “relevant surrender date” is—
where the regulator has given a notice to the operator of the installation under paragraph 10A(2) (installation to be treated as ceasing operation), the last day of the period of 1 month beginning with the date on which the notice is given;
in any other case, the latest of—
the last day of the period of 1 month beginning with the date on which the installation ceased operation;
the last day of the period of 1 month beginning with the date on which the operator no longer intends for one or more of the regulated activities authorised by the permit to be resumed at the installation; and
the last day of the period of 1 month beginning with the day after the date on which the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 is made.
Subject to sub-paragraph (1), an operator may apply to the regulator to surrender a permit if at any time all regulated activities authorised to be carried out by that permit have ceased to be carried out.
Where the regulator grants an application to surrender a permit under sub-paragraph (1) or (2), the regulator must give a notice (a “surrender notice”) to the operator.
The surrender notice must—
set out a date (the “end date”) on which the surrender of the permit takes effect;
require the operator to—
submit to the regulator on or before a date set out in the notice a report of the installation's reportable emissions in the period beginning on 1st January in the scheme year (the “end year”) in which the end date falls and ending on the end date;
ensure that the report is prepared and verified in accordance with the monitoring and reporting conditions of the permit;
where the permit is a greenhouse gas emissions permit, on or before a date set out in the notice (which must not be before 30th April in the end year), surrender allowances equal to F4...—
the installation’s reportable emissions in the period referred to in sub-paragraph (i); F5...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The operator must comply with the requirements of the surrender notice.
Where a surrender notice is given—
the permit ceases to be in force on the end date (and therefore ceases to authorise a regulated activity to be carried out at the installation from that date); but
the conditions of the permit continue to have effect as if the permit were in force until the regulator certifies that the conditions of the permit and the requirements of the surrender notice F7, and of any deficit notice given to the operator of the installation under article 44A, have been complied with F8or that there is no reasonable prospect of their being complied with.
The reference in sub-paragraph (6)(b) to the conditions of the permit that continue to have effect includes a reference to conditions relating to reportable emissions F9, or reports on activity levels, before the end year that the operator is required to comply with on or before a date that may fall after the end date (for example, in the case of a greenhouse gas emissions permit, the F10conditions referred to in paragraph 4(2)(b) and (6)(b) and the surrender condition or, in the case of a hospital or small emitter permit, the condition referred to in paragraph 11(2)(b) of Schedule 7).
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Annotations
Textual amendments
- F1
Sch. 6 para. 11(1)(1A) substituted for Sch. 6 para. 11(1) (6.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 8(5)(a)
- F2
Sch. 6 para. 11(2) substituted (6.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 8(5)(b)
- F3
Sch. 6 para. 11(4)(b)(iii) substituted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 13(2)
- F4
Words in Sch. 6 para. 11(4)(b)(iii) omitted (1.1.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(3)(a)(i)
- F5
Word in Sch. 6 para. 11(4)(b)(iii)(aa) omitted (1.1.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(3)(a)(ii)
- F6
Sch. 6 para. 11(4)(b)(iii)(bb) omitted (1.1.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(3)(a)(iii)
- F7
Words in Sch. 6 para. 11(6)(b) inserted (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 32(3)(b)
- F8
Words in Sch. 6 para. 11(6)(b) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(7)
- F9
Words in Sch. 6 para. 11(7) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(3)(a)(i)
- F10
Words in Sch. 6 para. 11(7) substituted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(3)(a)(ii)
- F11
Sch. 6 para. 11(8) omitted (1.1.2026) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(1), 8(5)(c)
Commencement
- I1
Sch. 6 para. 11 in force at 12.11.2020, see art. 2(1)