OpenLegislation

Regulation 12 Transfer of permits

United Kingdom

(1)

Subject to paragraph (6), the holder of a permit (“the current operator”) and another person may jointly apply to the regulator for the permit to be transferred to that other person (“the new operator”).

(2)

An application may also be made under paragraph (1) for the partial transfer of a permit; and for that purpose a “partial transfer” is a transfer in respect of—

(a)

some only of the installations to which the permit relates; or

(b)

some only of the parts of an installation to which the permit relates.

(3)

Paragraph 3 of Schedule 4 makes further provision about the transfer, or partial transfer, of a permit.

(4)

F1... An application under paragraph (1) must be granted if the regulator is satisfied that—

(a)

the application is duly made, and

(b)

the new operator will (from the relevant date) be the operator of the installation and will be capable of monitoring and reporting emissions from the installation in accordance with—

(i)

the monitoring and reporting requirements of the greenhouse gas emissions permit, or

(ii)

the monitoring and reporting conditions of the F2Article 27 installation emissions permit,

but must otherwise be refused.

(5)

For the purposes of paragraph (4), the relevant date is the date mentioned in paragraph 3(6), (8) or (10) of Schedule 4 as the case may be.

(6)

An application for the transfer (or partial transfer) of a permit may not be made in respect of any installation (or part of an installation) that has ceased operation.

Annotations

Textual amendments

F1

Words in reg. 12(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 7 (with reg. 46)

F2

Words in reg. 12(4)(b)(ii) substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 8 (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))

Notes on the whole SI

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

Notes on Part 2

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

Notes on Chapter 1

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