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The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022

S.I. 2022/1190 · Made 9 November 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Environmental Protection

Sift requirements satisfied 1st November 2022

Made 9th November 2022

Laid before Parliament 16th November 2022

Coming into force 12th December 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these regulations) have been satisfied.

Annotations to the whole text

Footnotes

f1

2018 c. 16. Section 8 has been amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Paragraph 21 of Schedule 7 has been amended by paragraph 53(2) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  3. 3Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  4. 4Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  5. 5Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  6. 6Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  7. 7Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010
  8. 8Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011
  9. 9Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011
  10. 10Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011
  11. 11Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011
  12. Signature
  13. Explanatory note

1Citation and commencement

These Regulations may be cited as the Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 and come into force on 12th December 2022.

2Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010f1 are amended as follows.

3Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

In regulation 1(3), in the definition of “climate change legislation”f1, for sub-paragraphs (a) and (b) substitute—

“(a)

the Greenhouse Gas Emissions Trading Scheme Regulations 2012f2;

(b)

the Greenhouse Gas Emissions Trading Scheme Order 2020f3; or”.

4Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

In regulation 1(3), in the definition of “legislation”f1 omit “(except in paragraph (b) of the definition of “climate change legislation”)”.

5Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

In regulation 6(3)(h), for “exit day” substitute “IP completion day”.

6Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

In regulation 12(4)(e), for “exit day” substitute “IP completion day”.

7Amendments to the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

In regulation 14(a), for “exit day” substitute “IP completion day”.

8Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011

The Storage of Carbon Dioxide (Termination of Licenses) Regulations 2011f1 are amended as follows.

9Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011

In regulation 14(2)(d), for “exit day” substitute “IP completion day”.

10Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011

In regulation 14(3)(a), for paragraphs (i) and (ii) substitute—

“(i)

the Greenhouse Gas Emissions Trading Scheme Regulations 2012;

(ii)

the Greenhouse Gas Emissions Trading Scheme Order 2020; or”.

11Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011

In regulation 14(3)(f), in the definition of “legislation”f1 omit “(except in sub-paragraph (a)(ii))”.

Signature

Graham Stuart

Minister of State for Climate

Department for Business, Energy and Industrial Strategy

9th November 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments using powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, under sections 8(2)(c) and (d)).

Regulations 3 and 10 amend the definition of climate change legislation used in the licensing regime for the storage of carbon dioxide, to reflect UK legislation in respect of greenhouse gas emission trading schemes. This definition is used to clarify the obligations on operators for the offset of emissions in relation to post-closure of a storage site, notification of leakages and financial security. In specific cases, others also have obligations for the offset of emissions: the Oil and Gas Authority, in relation to storage permit revocation and notification with regard to financial security, and the appropriate Minister, when a licence is terminated and the licence holder’s obligations are transferred to the Minister. Regulations 4 and 11 omit reference to an exception to the definition of “legislation” that is no longer required due to the changes made by regulations 3 and 10.

Regulations 5-7 and 9 change references in the amended legislation from “exit day” to “IP completion day”.