Paragraph 5 Termination of Article 27a statusF1
Where the regulator is satisfied that an Article 27a installation has exceeded the maximum amount in any scheme year, the regulator must, as soon as is reasonably practicable, give a notice to the operator.
A notice that is given pursuant to sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—
the installation will not be treated as an Article 27a installation; and
the operator will be required to comply with the conditions of the operator's preferred alternative permit for the remainder of the allocation period during which the notice is given.
Where the regulator has not received notification of the operator’s preferred alternative permit in accordance with paragraph 3, the notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given, until the end of the allocation period during which the notice is given, the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation.
The operator of an Article 27a installation who has received a notice pursuant to sub-paragraph (1) may apply for—
a greenhouse gas emissions permit, under regulation 10(1); or
an Article 27 installation emissions permit, under regulation 10(2),
whichever is stated in the notice given pursuant to sub-paragraph (2)(b) or sub-paragraph (3).
Annotations
Textual amendments
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Sch. 5A inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), reg. 1(4), Sch. (as amended by S.I. 2020/18, regs. 1, 11(4), 16(2)(3) and S.I. 2020/1369, regs. 1(2), 44(a))
Notes on the whole SI
Textual amendments
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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 Schedule 5A
Textual amendments
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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