{
  "url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-regulations-2012/regulation-58",
  "json_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-regulations-2012/regulation-58.json",
  "legislation": "uksi/2012/3038",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme Regulations 2012",
  "legislation_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-regulations-2012",
  "path": "regulation/58",
  "kind": "regulation",
  "number": "58",
  "heading": "Failure to notify when an Article 27 installation ceases to meet the criteria for being Article 27",
  "text": "(1) An operator of an Article 27 installation (“P”) is liable to the civil penalties in paragraphs (2) and (3) where P fails to comply (or comply on time) with a notification requirement under—\n(a) a condition of a permit included pursuant to paragraph 3(4) or (5) of Schedule 5; or\n(b) paragraph 4(1) or (2) of Schedule 5.\n(2) For the first scheme year in which P fails to comply with the requirement to notify by 31st March in that year, the civil penalty is £2,500.\n(3) For the first and each subsequent scheme year in which P has still failed to comply with the notification requirement by 31st October in that year, P is at the end of the following scheme year (“S”) liable to the civil penalty in paragraph (4).\n(4) The civil penalty is 2 × (A + B), where—\nA is £2,500;\nB is the avoided compliance costs.\n(5) In paragraph (4) “avoided compliance costs” means ((W – X) × Y) – Z, where—\nW is the amount of annual reportable emissions arising in S;\nX is the number of allowances for S to which P would have been entitled in accordance with Article 10a of the Directive, if the installation had not been an Article 27 installation and had been carrying out regulated activities;\nY is the carbon price for S;\nZ is any penalty due under regulation 55 in respect of S.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in regs. 55-58 and headings substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 21 (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/3038/regulation/58",
    "retrieved_at": "2026-10-29T01:11:20.029288+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}