{
  "url": "https://openlegislation.uk/vehicle-emissions-trading-schemes-order-2023/article-116",
  "json_url": "https://openlegislation.uk/vehicle-emissions-trading-schemes-order-2023/article-116.json",
  "legislation": "uksi/2023/1394",
  "legislation_title": "The Vehicle Emissions Trading Schemes Order 2023",
  "legislation_url": "https://openlegislation.uk/vehicle-emissions-trading-schemes-order-2023",
  "path": "article/116",
  "kind": "article",
  "number": "116",
  "heading": "Savings for monitoring and compliance in relation to Great Britain",
  "text": "(1) In this article—\n“amendments” means the amendments made by articles 110 and 113;\n“EU target” means a manufacturer’s specific emissions target calculated using vehicles of the manufacturer first registered in the European Union in the calculations in points 1 to 3 of Part A or B of Annex I to Regulation (EU) 2019/631 in accordance with article 116(4);\n“old scheme year” means a calendar year occurring during the period beginning with 1st January 2021 and ending with 31st December 2023;\n“revocations” means the revocations effected by article 110(1) and article 113(1);\n“specific emissions obligation” means the duty imposed on a manufacturer by Article 4 of Regulation (EU) 2019/631;\n“UK target” means a manufacturer’s specific emissions target calculated using vehicles of the manufacturer first registered in the United Kingdom in the calculations in points 1 to 3 of Part A or B of Annex I to Regulation (EU) 2019/631 in accordance with article 116(4);\n(2) The amendments and revocations do not affect—\n(a) the operation of the specific emissions obligation in relation to Great Britain in respect of an old scheme year; or\n(b) any power conferred, or duty imposed, on a manufacturer, the Secretary of State or the First-tier Tribunal by or under the legislation amended or revoked by the amendments and revocations which may or must be exercised—\n(i) after the end of an old scheme year in relation to Great Britain; and\n(ii) in relation to the specific emissions obligation in relation to Great Britain in respect of an old scheme year.\n(3) Any power mentioned in sub-paragraph (b) of paragraph (2) may, and any duty mentioned in that sub-paragraph must, be exercised on and after the date on which this Order comes into force as if the amendments and revocations had not been effected.\n(4) For the purposes of paragraphs (2) and (3), when calculating the specific emissions target in Annex I of Regulation (EU) 2019/631—\n(a) in points 1 and 2 of Part A, any reference to “new passenger car” must be read as if it means “motor vehicle of category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which is registered in the United Kingdom or European Union for the first time and which has not previously been registered outside the United Kingdom or European Union”;\n(b) in point 3 of Part A, any reference to “average specific emissions of CO₂” must be read as if it means “in relation to a manufacturer, the average specific CO₂ emissions of motor vehicles of category M1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom or European Union for the first time and which have not previously been registered outside the United Kingdom or European Union, of which it is the manufacturer”;\n(c) in points 1 and 2 of Part B, any reference to “new light commercial vehicle” must be read as if it means “motor vehicle of category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which is registered in the United Kingdom or European Union for the first time and which has not previously been registered outside the United Kingdom or European Union”; and\n(d) in point 3 of Part B, any reference to “average specific emissions of CO₂” must be read as if it means “in relation to a manufacturer, the average specific CO₂ emissions of motor vehicles of category N1 as defined in Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval), or, where relevant, Article 4 of Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), with a reference mass not exceeding 2 610 kg, and vehicles of category N1 to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval), which are registered in the United Kingdom or European Union for the first time and which have not previously been registered outside the United Kingdom or European Union, of which it is the manufacturer”.\n(5) When determining the specific emissions target in Annex I, the Secretary of State must calculate a UK target and an EU target.\n(6) A manufacturer’s specific emissions target is the higher of the UK target or the EU target, unless the manufacturer notifies the Secretary of State otherwise within 30 days of receipt by the manufacturer of their specific emissions target.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 116(1) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 116(1) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 116(2) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(3)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 116(2)(b) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(3)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in art. 116(3) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(4)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 116(4)-(6) inserted (2.10.2025) by The Vehicle Emissions Trading Schemes (Amendment) Order 2025 (S.I. 2025/678), arts. 1(1), 2(5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 116 in force at 3.1.2024, see art. 1(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/1394/article/116",
    "retrieved_at": "2026-10-28T21:36:47.782670+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."
}