The Greenhouse Gas Emissions Trading Scheme Regulations 2012
S.I. 2012/3038 · Made 5 December 2012 · Extends to United Kingdom
Climate Change
Made 5th December 2012
Laid before Parliament 10th December 2012
Coming into force 1st January 2013
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the environment.
M3In accordance with section 2(4) of the Pollution Prevention and Control Act 1999 (“the 1999 Act”) , the Secretary of State has consulted the Environment Agency, the Scottish Environment Protection Agency, and such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses, and such other bodies and persons, as the Secretary of State considers appropriate.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for the references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.
Accordingly the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of and Schedule 1 to the 1999 Act M4 and by section 2(2) of the European Communities Act 1972, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 M5, makes the following Regulations M6:C1
Annotations to the whole text
Textual amendments
- F1
Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12
Marginal citations
- M1
- M2
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- M3
- M4
Paragraph 9A of Schedule 1 was inserted by S.I. 2005/925, and amended by S.I. 2012/2788, There are other amendments to Schedule 1 which are not relevant to these Regulations.
- M5
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- M6
Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.
Modifications
- C1
Regulations modified (31.12.2020 for specified purposes) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 45 (with reg. 46)
Contents
- Part 1: General
- 1Citation and commencement
- 1AApplication
- 2Duty to review these Regulations
- 3Interpretation
- 4Application to the Crown etc.
- 5Notices etc.
- 6Applications etc.
- 7Functions of the regulator: Northern Ireland
- 8Commission Regulations: designations
- Part 2: Stationary installations
- Chapter 1: Permits
- 9Requirement for permit to carry out regulated activities
- 10Applications for and grant of permits
- 11Review, variation and consolidation of permits
- 12Transfer of permits
- 12ATransfer of permits: underreporting discovered after transfer
- 13Surrender of permits
- 14Revocation of permits
- Chapter 2: Excluded installations: further provision
- 15Excluded installations : Article 27 installations
- 15AExcluded installations: Article 27a installations
- Chapter 3: Allocation of allowances
- 16Allocation of allowances for 2013 to 2020 Repealed
- Chapter 4: Offshore installations
- 17Powers of entry Repealed
- 18Charging schemes Repealed
- 19Charging schemes: supplementary Repealed
- Part 3: Aviation
- Chapter 1: General
- 20Interpretation Repealed
- 21Civil Aviation Authority Repealed
- Chapter 2: UK administered operators, UK aircraft operators and regulators
- 22UK administered operators: power to designate Repealed
- 23Application to be designated as a UK administered operator Repealed
- 24Transfers of operators between member States Repealed
- 25Gibraltar operators Repealed
- 26UK aircraft operators Repealed
- 27Regulators: general Repealed
- 28Regulators: assessment of emissions Repealed
- 29Regulators: change in registered office Repealed
- Chapter 3: Allocation of aviation allowances
- 30Allocation of aviation allowances Repealed
- Chapter 4: Monitoring and reporting aviation emissions
- 31Interpretation Repealed
- 32Application for an emissions plan by a UK administered operator Repealed
- 32AApplication for an emissions plan by a UK administered operator: activities during 2015 to 2023 Repealed
- 32BApplication for an emissions plan by a UK administered operator: post-2023 activities Repealed
- 32CApplication for an emissions plan by a UK administered operator: general Repealed
- 33Requirement to notify the regulator if an emissions plan is not applied for before 1st January 2015 Repealed
- 33ARequirement to notify the regulator if an emissions plan is not applied for on or after 1st January 2015 Repealed
- 34Issue of an emissions plan Repealed
- 35Monitoring and reporting emissions Repealed
- 36Emissions plan conditions Repealed
- 37Variation of an emissions plan Repealed
- 38Variation of a benchmarking plan Repealed
- Chapter 5: Sanctions (other than civil penalties)
- 39Detention and sale of aircraft Repealed
- 40Aircraft operating bans Repealed
- Part 4: Surrender of allowances
- 41Surrender of allowances: operators of installations
- 42Surrender of allowances: UK aircraft operators Repealed
- 42ASurrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years Repealed
- 42BSurrender of a deficit of allowances: UK administered operators Repealed
- Part 5: Enforcement etc.
- 43Enforcement notices
- 44Power to determine reportable emissions
- Part 6: Information
- 45Provision of information
- 46Disclosure of information
- 47National security
- Part 7: Civil Penalties
- 48Interpretation
- 49Carbon Price
- 50Penalty notices
- 51Discretion in imposing civil penalties
- 52Carrying out a regulated activity contrary to regulation 9
- 53Failure to comply with a condition of a permit
- 53AFailure to transfer or surrender allowances where underreporting discovered after transfer
- 54Failure to surrender allowances
- 55Exceeding an emissions target for an Article 27 installation
- 56Failure to pay a penalty for exceeding an emissions target for an Article 27 installation
- 57Under-reporting of emissions from an Article 27 installation
- 58Failure to notify when an Article 27 installation ceases to meet the criteria for being Article 27
- 58ZAExceeding the maximum amount for an Article 27a installation
- 58ZBCarrying out regulated activity without the necessary permit
- 58AFailure to notify when an excluded installation has had a significant capacity reduction or partial cessation of regulated activities Repealed
- 58BFailure to notify when the operator of an excluded installation has suspended the carrying out of regulated activities at the installation Repealed
- 59Failure to surrender a permit
- 60Failure to submit or resubmit an application for an emissions plan Repealed
- 61Failure to notify the regulator if an emissions plan is not applied for Repealed
- 62Failure to comply with a condition of an emissions plan Repealed
- 63Failure to monitor aviation emissions Repealed
- 64Failure to report aviation emissions Repealed
- 65Failure to provide assistance and advice Repealed
- 66Failure to comply with a direction relating to an operating ban Repealed
- 67Failure to return allowances Repealed
- 68Failure to comply with an enforcement notice
- 69Failure to comply with an information notice
- 70Providing false or misleading information
- 71Publication of names of persons subject to penalties under regulation 54(1)
- Part 8: Appeals
- Chapter 1: General
- 72Interpretation
- 73Rights of appeal
- 74Rights of appeal: registries
- 75Appeal body
- 76Effect of an appeal
- 77Determination of an appeal
- Chapter 2: Appeals: ... Northern Ireland
- 78Procedure for appeals
- Part 9: The Union Registry ...
- 79Interpretation
- 80The Union Registry
- 81The UK Registry
- Part 10: Supplementary
- 82Recovery of fees
- 83Consequences of non-payment
- 84Guidance
- 84ADuty of Secretary of State to publish information Repealed
- Part 11: Revocations, savings and transitional provisions.
- 85Revocations
- 86Savings and transitional provisions: the 2005 Regulations
- 87Savings and transitional provisions: the 2010 Regulations Repealed
- 87AObligations in relation to aviation emissions arising before 2013 Repealed
- 87AAObligations in relation to aviation emissions arising before 2013: deficits Repealed
- 87BUnreported emissions arising before 2013
- 88Transitional provisions: permits
- 89Transitional provisions: aviation emissions plans Repealed
- Signature
- Schedule 1: Application to the Crown etc.
- 1Crown application
- 2Entry to Crown premises
- 3Service on certain Crown operators
- Schedule 2: Notices etc.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Schedule 3: Applications etc.
- 1Applications etc.: general
- 2Determination of applications
- Schedule 4: Permits
- 1Applications for permits
- 2Content of a greenhouse gas emissions permit
- 3Transfer of permits
- 4Surrender of permits
- 5Revocation of permits
- Schedule 5: Excluded installations : Article 27 installations
- 1Interpretation
- 2Conversion of a greenhouse gas emissions permit
- 3Content of an Article 27 installation emissions permit
- 4Activities during 2012: duty to notify regulator Repealed
- 5Emissions target: duty not to exceed
- 6Emissions target: increase in the capacity of an Article 27 installation
- 7Banking an overachieved emissions target
- 8Termination of an Article 27 installation emissions permit
- 9End of excluded installation status Repealed
- Schedule 5A
- 1Interpretation
- 2Duty to monitor emissions
- 3The operator's preferred alternative permit
- 4Duty to notify if emissions exceed maximum amount during an allocation period
- 5Termination of Article 27a status
- Schedule 6: Allocation and adjustment of allowances Repealed
- 1Interpretation Repealed
- 1AApplication Repealed
- 2Application for an allocation from the new entrant reserve: new entrants Repealed
- 3Application for an allocation from the new entrant reserve: significant capacity extensions Repealed
- 4Notification of preliminary annual number of allowances: new entrants and significant capacity extensions Repealed
- 5Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions Repealed
- 6Adjustment of allocation: significant capacity reductions Repealed
- 7Adjustment of allocation to an installation: permanent cessations of regulated activities Repealed
- 8Adjustment of allocation to an installation: partial cessation of regulated activities Repealed
- 9Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities Repealed
- 10Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities Repealed
- 11Recovery of allowances Repealed
- Schedule 6A: Allocation and adjustment of allowances: installations which cease to be excluded installations Repealed
- 1Application of this Schedule Repealed
- 2Interpretation Repealed
- 3Notification of end of excluded installation status: no significant capacity reduction or partial cessation Repealed
- 4Application for an allocation from the new entrant reserve: significant capacity extensions of excluded installations Repealed
- 5Notification of preliminary annual number of allowances: significant capacity extensions of excluded installations Repealed
- 6Calculation of final total annual amount of allowances allocated free of charge: significant capacity extensions of excluded installations Repealed
- 7Adjustment of allocation: significant capacity reduction of excluded installation Repealed
- 8Adjustment of allocation: permanent cessation of regulated activities at an excluded installation Repealed
- 9Adjustment of allocation to an installation: partial cessation of regulated activities of excluded installation Repealed
- 10Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities Repealed
- 11Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities Repealed
- 12Recovery of allowances Repealed
- Schedule 7: Allocation of aviation allowances Repealed
- 1Purpose of this Schedule Repealed
- 1AInterpretation Repealed
- 2Application for a benchmarking plan Repealed
- 3Issue of a benchmarking plan Repealed
- 4Amendment of a benchmarking plan Repealed
- 5Monitoring tonne-kilometre data Repealed
- 6Reporting tonne-kilometre data Repealed
- 7Submission of the report to the Secretary of State and the European Commission Repealed
- 8Publication of aviation allowances Repealed
- 9Force majeure Repealed
- 10Recovery of allowances Repealed
- Schedule 8: Allocation of aviation allowances from the special reserve Repealed
- 1Purpose of this Schedule Repealed
- 2Application for a benchmarking plan Repealed
- 3Issue of a benchmarking plan Repealed
- 4Amendment of a benchmarking plan Repealed
- 5Monitoring tonne-kilometre data Repealed
- 6Application for an allocation of allowances Repealed
- 7Submission of an application to the Secretary of State and to the European Commission Repealed
- 8Publication of aviation allowances from the special reserve Repealed
- 9Maximum allocation of aviation allowances from the special reserve Repealed
- Schedule 9: Detention and sale of aircraft Repealed
- 1Interpretation Repealed
- 2Sale following detention of aircraft Repealed
- 3Release of aircraft Repealed
- 4Court procedures Repealed
- 5Proceeds of sale Repealed
- 6Equipment and documents Repealed
- 7Assistance of aerodrome operator Repealed
- 8Procedure for applying for leave to sell an aircraft Repealed
- Schedule 10: Aircraft operating bans Repealed
- 1Application for an operating ban Repealed
- 2Enforcement of an operating ban Repealed
- Schedule 11: Appeals to the Scottish Ministers Repealed
- Part 1 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Part 2 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Schedule 12: Appeals (Northern Ireland)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Explanatory note