(a) a copy of the national allocation plan developed under paragraph (1), at least 18 months before the beginning of the scheme phase in respect of which it is developed;

(b) information on whether the European Commission has accepted or rejected a national allocation plan or any aspect of a plan as soon as practicable after being advised of such acceptance or rejection; and

(c) any amendment to the national allocation plan proposed by the Secretary of State as soon as practicable after its communication to the European Commission.

(a) state that the regulator is of the opinion that an operator has contravened, is contravening or is likely to contravene any monitoring and reporting condition;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to comply with the monitoring and reporting condition or, to the extent possible, to remedy any failure to comply with the monitoring and reporting condition, as the case may be; and

(d) specify the period within which those steps must be taken.

(a) a person who has been refused the grant of a greenhouse gas emissions permit under regulation 9;

(b) a person who has been refused the variation of the provisions of a greenhouse gas emissions permit on an application under regulation 14(2);

(c) a person who is aggrieved by the provisions of his greenhouse gas emissions permit following an application under regulation 8 or by a variation notice following an application under regulation 14(2);

(d) a person whose application under regulation 15(1) for a regulator to effect the transfer of a greenhouse gas emissions permit has been refused or who is aggrieved by the provisions of his greenhouse gas emissions permit to take account of such a transfer;

(e) a person whose application under regulation 16(1) to surrender a greenhouse gas emissions permit has been refused or who is aggrieved by the terms of the notice of surrender; or

(f) a person who is aggrieved by the regulator's determination of reportable emissions under regulation 30,

may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.

    (2) Subject to paragraph (5), a person on whom a variation notice is served, other than following an application under regulation 14(2), or on whom a revocation notice or an enforcement notice is served may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.

    (3) Subject to paragraph (5),

(a) an operator who is aggrieved by a notice served by the regulator under regulation 21(6);

(b) an operator whose application for an allocation from a new entrant reserve under regulation 22(1) is refused or who is aggrieved by the provisions of a notice under regulation 22(13)(a) or (b), (17) or (18);

(c) an operator whose application under regulation 24(1) to retain an allocation of allowances is refused or who is aggrieved by the terms of a retention notice;

(d) an operator who is aggrieved by the terms of a notice under regulation 25(2); or

(e) an operator on which a notice under regulation 41(2)(b) has been served,

may appeal to the appropriate authority or, where an appeal relates to an offshore installation, to the regulator.

    (4) Subject to paragraph (5) - 

(a) a person who is aggrieved by a decision to prevent transfers out of his account in accordance with regulation 26(8), (9)(a), (11) or (14) or under Article 27 of the Registries Regulation; or

(b) a person who is aggrieved by a notice under regulation 26(9)(b),

may appeal to the appropriate authority.

    (5) Paragraphs (1) to (4) shall not apply where the decision or notice, as the case may be, implements a direction of the appropriate authority given under paragraph (7) or regulation 42 or of the Secretary of State given under regulation 44.

    (6) An appeal under paragraph (3)(b) may include an appeal against a decision of the regulator referred to in paragraph (1)(a), (b) or (c).

    (7) Except where an appeal under paragraph (1), (2) or (3) relates to an offshore installation, in determining an appeal under this regulation against a decision of a regulator or a notice served by a regulator the appropriate authority may - 

(a) affirm the decision or notice;

(b) quash all or part of the decision or notice;

(c) vary the decision or notice; or

(d) give directions to the regulator or, in the case of an appeal under paragraph (4), to the registry administrator, in relation to the exercise of its functions under these Regulations in relation to the subject matter of the appeal.

    (8) Where an appeal made under paragraph (1), (2) or (3) relates to an offshore installation, the regulator shall reconsider its decision and may affirm, reverse or vary its decision.

    (9) Where an appeal is brought under - 

(a) paragraph (1)(c) or (d) in relation to the provisions attached to a greenhouse gas emissions permit;

(b) paragraph (1)(f);

(c) paragraph (2) against a variation notice or an enforcement notice;

(d) paragraph (3)(a);

(e) paragraph (3)(b) against the provisions of a notice under regulation 22(13)(a) or (b) or (18); or

(f) paragraph (4)(a),

the bringing of the appeal shall, subject to paragraph (12), not have the effect of suspending the operation of the decision or notice.

    (10) Where an appeal is brought under - 

(a) paragraph (2) against a revocation notice or under paragraph (1)(e) against the provisions of a notice of surrender;

(b) paragraph (3)(c) against the terms of a retention notice, paragraph (3)(d) or (e); or

(c) paragraph (4)(b),

(a) ensuring that information to which paragraph (1) applies is not published; or

(b) securing the exclusion from the list published under regulation 36 of the information to which paragraph (2) applies,

give to the appropriate authorities for installations (other than offshore installations) situated in Scotland, Wales and Northern Ireland directions specifying information, or descriptions of information, which shall not be published or shall be excluded from the list published under regulation 36.

    (4) The other appropriate authorities referred to in paragraph (3) shall notify the Secretary of State of any information which is not published or which is excluded from a list published in accordance with regulation 36 in pursuance of directions under paragraph (3).

(a) to contravene regulation 7;

(b) to fail to comply with or to contravene a condition of a greenhouse gas emissions permit (except where regulation 39 or 40 apply to such failure to comply or contravention);

(c) to fail to comply with regulation 12(1), 13(2) or 16(1) or to fail to comply with a condition of a notice under regulation 22(13)(a) imposed pursuant to regulation 22(15)(b);

(d) to fail to comply with the requirements of an enforcement notice;

(e) to fail, without reasonable excuse, to comply with any requirement imposed by a notice under regulation 16(16) or 35(2);

(f) to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made - 


(i) in purported compliance with a requirement imposed by a notice under regulation 8(5), 14(6), 15(10), 16(16), 22(9), 24(6) or 35(2);

(ii) for the purpose of obtaining the grant of a greenhouse gas emissions permit to himself or any other person, or the variation, transfer or surrender of a greenhouse gas emissions permit;

(iii) for the purpose of obtaining a certificate under regulation 11;

(iv) for the purpose of obtaining a notice authorising a pool under regulation 27;

(v) as part of the verification of a report required under a monitoring and reporting condition;

(vi) for the purpose of obtaining an allocation from a new entrant reserve provided for in the approved national allocation plan;

(vii) for the purpose of retaining the allocation or a proportion of the allocation of allowances in respect of an installation which ceases to carry out a Schedule 1 activity;



(g) intentionally to make a false entry in any record required to be kept under the condition of a greenhouse gas emissions permit;

(h) with intent to deceive, to forge or use a document issued or authorised to be issued under a condition of a greenhouse gas emissions permit or required for any purpose under a condition of such a permit or to make or to have in his possession a document so closely resembling any such document as to be likely to deceive;

(i) to fail to comply with Article 15(1), 15(3) or 19(3) of the Registries Regulation.

    (2) A person guilty of an offence under paragraph (1) shall be liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

    (3) Where an offence under this regulation is committed by - 

(a) a body corporate (other than a limited liability partnership) and is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate or a person who was purporting to act in any such capacity;

(b) a limited liability partnership and is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any member of the limited liability partnership or a person who was purporting to act as such; or

(c) a partnership in Scotland (other than a limited liability partnership) (a "Scottish partnership") and is proved to have been committed with the consent or connivance of, or have been attributable to any neglect on the part of, any partner or a person who was purporting to act as such,

(a) to exercise any of their powers under these Regulations or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(a) to exercise any of its powers under these Regulations or the Registries Regulation or to do so in such circumstances as may be specified in the directions or in such manner as may be so specified; or

(b) not to exercise those powers, or not to do so in such circumstances or such manner as may be specified in the directions.

(a) in so far as it relates to installations situated in Scotland (other than offshore installations), only with the agreement of the Scottish Ministers;

(b) in so far as it relates to installations situated in Wales (other than offshore installations), only with the agreement of the National Assembly for Wales; and

(c) in so far as it relates to installations situated in Northern Ireland (other than offshore installations), only with the agreement of the Department of the Environment.

    (2) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Scotland where - 

(a) no agreement has been reached with the Scottish Ministers;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the Scottish Ministers stating that she has decided to exercise a power referred to in paragraph (1) in relation to Scotland.

    (3) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Wales where - 

(a) no agreement has been reached with the National Assembly for Wales;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the National Assembly for Wales stating that she has decided to exercise a power referred to in paragraph (1) in relation to Wales.

    (4) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Northern Ireland where - 

(a) no agreement has been reached with the Department of the Environment;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the Department of the Environment stating that she has decided to exercise a power referred to in paragraph (1) in relation to Northern Ireland.

(a) a statement of the grounds of appeal;

(b) a copy of any relevant application;

(c) a copy of any relevant greenhouse gas emissions permit;

(d) a copy of any relevant correspondence between the appellant and-


(i) in the case of an appeal under regulation 32, the regulator;

(ii) in the case of an appeal under regulation 33(1), the appropriate authority;

(iii) in the case of an appeal under regulation 33(2), the responsible authority; or

(iv) in the case of an appeal under regulation 33(3), the Secretary of State;



(e) a copy of any decision or notice which is the subject matter of the appeal; and

(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

    (3) An appellant may withdraw an appeal by notifying the appeal body in writing and shall send a copy of that notification to the regulator.

     2.  - (1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given - 

(a) in the case of an appeal under regulation 32(1)(a) to (d) or under regulation 32(1)(e) against the refusal of an application to surrender a greenhouse gas emissions permit, before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b) in the case of an appeal under regulation 32(1)(e) against a notice of surrender or 32(2) against a revocation notice, before the date on which the notice of surrender or the revocation notice takes effect;

(c) in the case of an appeal under regulation 32(2) against a variation notice or an enforcement notice, or of an appeal under regulation 32(3)(a) or 33(1), (2)(b) or (3)(b), before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(d) in the case of an appeal under regulation 32(1)(f) against a determination of reportable emissions, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(e) in the case of an appeal under regulation 32(3)(b) or (c), before the expiry of the period of 15 working days beginning with the date of the decision which is the subject matter of the appeal;

(f) in the case of an appeal under regulation 32(3)(d) or (e), 32(4), or 33(3)(a), before the expiry of the period of two months beginning with the date of the decision which is the subject matter of the appeal;

(g) in the case of an appeal under regulation 33(2), before the expiry of the period of 2 months beginning with the date of service of the certificate or notice which is the subject matter of the appeal.

    (2) The appeal body may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).

     3.  - (1) In the case of an appeal under regulation 32, the regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.

    (2) In the case of an appeal under regulation 33, the appeal body shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the appeal body to have a particular interest in the subject matter of the appeal.

    (3) A notice under sub-paragraph (1) or (2) shall - 

(a) state that notice of appeal has been given;

(b) state the name of the appellant and the location of the installation concerned;

(c) describe the decision or notice to which the appeal relates;

(d) state that representations with respect to the appeal may be made to the appeal body in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice and that copies of any representations so made will be furnished to the appellant and to the regulator; and

(e) state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1) or (2) will be notified of the date of the hearing.

    (4) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the appeal body of the persons to whom and the date on which the notice was sent.

    (5) In the event of an appeal under regulation 32 being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).

    (6) In the event of an appeal under regulation 33 being withdrawn, the appeal body shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (2).

     4.  - (1) Before determining an appeal, the appeal body may afford the appellant and, where applicable, the regulator an opportunity of appearing before and being heard by a person appointed by it (the "person holding the hearing") and it shall do so in any case where a request is duly made by the appellant or, where applicable, the regulator to be so heard.

    (2) A hearing held under sub-paragraph (1) may, if the person holding the hearing so decides, be held wholly or partly, in private.

    (3) Where the appeal body causes a hearing to be held under sub-paragraph (1) it shall give the appellant and, if applicable, the regulator at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

    (4) In the case of a hearing which is to be held wholly or partly in public, the appeal body shall, at least 21 days before the date fixed for the holding of the hearing - 

(a) publish a copy of the notice mentioned in sub-paragraph (3) in a newspaper circulating in the locality in which the installation is operated; and

(b) serve a copy of that notice on every person mentioned in paragraph 3(1) who has made representations in writing to the appeal body.

    (5) The appeal body may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) shall apply to the variation of a date as they applied to the date originally fixed.

    (6) The appeal body may also vary the time or place for the holding of a hearing and shall give such notice of any such variation as appears to him to be reasonable.

    (7) The persons entitled to be heard at a hearing are the appellant and, if applicable, the regulator.

    (8) Nothing in sub-paragraph (7) shall prevent the person holding the hearing from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

    (9) After the conclusion of a hearing, the person holding the hearing shall make a report in writing to the appeal body which shall include his conclusions and his recommendations or his reasons for not making any recommendation.

    (10) Paragraph 4(5) and (6) of Schedule 3 shall apply to hearings held under this paragraph as if references to the appointed person in those paragraphs were references to the person holding the hearing under this paragraph.

     5.  - (1) Where an appeal under regulation 32 (other than an appeal which relates to an offshore installation) is to be disposed of on the basis of written representations, the regulator shall submit any written representations to the appeal body not later than 28 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (f).

    (2) The appellant shall make any further representations by way of reply to any representations from the regulator not later than 17 days after the date of submission of those representations by the regulator.

    (3) Any representations made by the appellant or the regulator shall bear the date on which they are submitted to the appeal body.

    (4) When the regulator or the appellant submits any representations to the appeal body they shall at the same time send a copy of them to the other party.

    (5) The appeal body shall send to the appellant and the regulator a copy of any representations made to it by the persons mentioned in paragraph 3(1) and shall allow the appellant and the regulator a period of not less than 14 days in which to make representations on them.

    (6) The appeal body may in a particular case - 

(a) set later time limits than those mentioned in this paragraph;

(b) require exchanges of representations between the parties in addition to those mentioned in paragraphs (1) and (2).

     6.  - (1) The appeal body shall give notice to the appellant of its determination of the appeal and shall provide him with a copy of any report mentioned in paragraph 4(9).

    (2) The appeal body shall at the same time send - 

(a) a copy of the documents mentioned in sub-paragraph (1) to the regulator; and

(b) a copy of its determination of the appeal to any person mentioned in paragraph 3(1) who made representations to the appeal body and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.

     7. Where a determination of the appeal body on an appeal is quashed in proceedings before any court, the appeal body - 

(a) shall send to the persons notified of its determination under paragraph 6 a statement of the matters with respect to which further representations are invited for the purposes of its further consideration of the appeal;

(b) shall afford to those persons the opportunity of making, within 28 days of the date of the statement, written representations in respect of those matters; and

(c) may, as it thinks fit, cause a hearing to be held or reopened and, if it does so, paragraphs 4(2) to (10) shall apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 4(1),

and paragraph 6 shall apply to the re-determination of the appeal as it applies to the determination of an appeal.

"appointed person" means a person appointed under regulation 34(2)(a);

"appointment", in the case of any appointed person, means appointment under regulation 34(2)(a).

     2. An appointment must be in writing and - 

(a) may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c) may, by notice in writing to the appointed person, be revoked at any time by the appeal body in respect of any appeal, matter or question which has not been determined by the appointed person before that time.

     3. Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the appeal body, other than any function of appointing a person for the purpose - 

(a) of enabling persons to appear before and be heard by the person so appointed; or

(b) of referring any question or matter to that person.

     4.  - (1) If either of the parties to the appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.

    (2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person - 

(a) may hold a local inquiry or other hearing in connection with the appeal, matter or question; and

(b) shall if the appeal body so directs, hold a local inquiry in connection with an appeal, matter or question.

(a) a statement of the grounds of appeal;

(b) a copy of any relevant application;

(c) a copy of any relevant greenhouse gas emissions permit;

(d) a copy of any relevant correspondence between the appellant and the regulator;

(e) a copy of any decision or notice which is the subject matter of the appeal; and

(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

    (3) An appellant may withdraw an appeal by notifying the appeal body in writing and shall send a copy of that notification to the regulator.

     2.  - (1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given - 

(a) in the case of an appeal under regulation 32(1)(a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b) in the case of an appeal under regulation 32(2) against a revocation notice, before the date on which the revocation notice takes effect;

(c) in the case of an appeal under regulation 32(2) against a variation notice or an enforcement notice or an appeal under regulation 32(3)(a), before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(d) in the case of an appeal under regulation 32(1)(f) against a determination of reportable emissions, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(e) in the case of an appeal under regulation 32(3)(b) or (c), before the expiry of the period of 15 working days beginning with the date of the decision which is the subject matter of the appeal;

(f) in the case of an appeal under regulation 32(3)(d) or (e), 32(4), before the expiry of the period of 2 months beginning with the date of the decision which is the subject matter of the appeal.

    (2) The appeals commission may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).

     3.  - (1) The regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.

    (2) A notice under sub-paragraph (1) shall - 

(a) state that notice of appeal has been given;

(b) state the name of the appellant and the location of the installation concerned;

(c) describe the application or greenhouse gas emissions permit to which the appeal relates;

(d) state that representations with respect to the appeal may be made to the appeals commission in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice and that copies of any representations so made will be furnished to the appellant and to the regulator; and

(e) state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1) or (2) who makes representations with respect to the appeal and any person mentioned in sub-paragraph (1) will be notified of the date of the hearing.

    (3) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the appeals commission of the persons to whom and the date on which the notice was sent.

    (4) In the event of an appeal under regulation 32 being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).

     4.  - (1) The appeals commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

    (2) If either party to the appeal so requests, the appeals commission shall afford to each of them an opportunity of appearing before and being heard by the appeals commission.

    (3) A hearing held under sub-paragraph (2) may, if the appeals commission so decides, be held wholly or partly, in private.

(a) in respect of an application for a greenhouse gas emissions permit under regulation 8(1) (other than in respect of an offshore installation)-


(i) in respect of an installation emitting less than 50kt per year, £1230;

(ii) in respect of an installation emitting at least 50 and no more than 500kt per year, £2300;

(iii) in respect of an installation emitting more than 500kt per year, £5490;



(b) in respect of the grant of a greenhouse gas emissions permit authorising the operation of an offshore installation-



(i) in respect of an installation emitting less than 50kt per year, £1230;

(ii) in respect of an installation emitting at least 50 and no more than 500kt per year, £2300;

(iii) in respect of an installation emitting more than 500kt per year, £5490;



(c) in respect of the grant of the greenhouse gas emissions permit where regulation 9(5)(b) applies - 



(i) in respect of an installation emitting less than 50kt per year, £700;

(ii) in respect of an installation emitting at least 50 and no more than 500kt per year, £1770;

(iii) in respect of an installation emitting more than 500kt per year, £4960;



(d) in respect of an application for the variation of the provisions of a greenhouse gas emissions permit under regulation 14(2) (except where the regulator considers that a variation relates to minor changes or changes of a purely administrative nature), £240;

(e) in respect of a variation notice varying the provisions of a greenhouse gas emissions permit otherwise than on an application under regulation 14(2) (except where the regulator considers that a variation relates to minor changes or changes of a purely administrative nature), £240.

(f) in respect of an application under regulation 15(1) to transfer a greenhouse gas emissions permit, in whole or in part, £240;

(g) in respect of an application under regulation 16(1) to surrender a greenhouse gas emissions permit, £620;

(h) in respect of the revocation of a greenhouse gas emissions permit pursuant to regulation 17(2), 24(11) or 25(3), £620.

    (2) A fee prescribed under paragraph 1 in respect of a variation notice or in respect of a revocation notice shall be payable by the date specified in the notice.

(a) in respect of an application for an allocation from the new entrant reserve under regulation 22(1), £1030.

(b) in respect of a retention notice or a notice under regulation 24(7)(b), £115 multiplied by the number of hours specified in the notice in accordance with regulation 24(8).

    (2) A fee prescribed under sub-paragraph (1)(b) shall be payable by the date specified in the notice to which it relates.

(a) in respect of an application for the creation of a person holding account under Article 19(1) of the Registries Regulation, £175;

(b) subject to sub-paragraph (2), in respect of each notification under Article 19(3) of the Registries Regulation concerning a change to the authorised representatives for the account or the nomination or change of an additional authorised representative for the account, £50

    (2) Where the application referred to in sub-paragraph (1)(a) does not include a nomination for an additional authorised representative, sub-paragraph (1)(b) shall not apply to the first notification under Article 19(3) of the Registries Regulation concerning either a change to the authorised representatives for the account or the nomination of an additional authorised representative for the account.

(a) an installation which is for the duration of the financial year to which the charge relates an excluded installation;

(b) a planned installation which is not put into operation during the financial year to which the charge relates; or

(c) an installation in respect of which a retention notice has been served prior to 1^st April in the financial year to which the charge relates and is not revoked during that financial year.

     7. Subject to paragraph 8 of this Schedule, the Secretary of State shall before the expiry of a period of 7 days beginning, in relation to the financial year 2005/2006, on the date on which these Regulations enter into force or, in relation to the financial year 2006/2007 and each subsequent financial year, on 1^st April 2006 and 1^st April in each subsequent financial year - 

(a) calculate the total number of installations on 1^st April in that financial year; and

(b) publish in such manner as she considers appropriate the total number of installations calculated under sub-paragraph (a) and the appropriate charges for the financial year as set out in relation to the financial year 2005/2006 in Table 1 in paragraph 4 of this Schedule or in relation to subsequent financial years, in Table 2 in paragraph 5 of this Schedule.

     8. Where on the date of entry into force of these Regulations - 

(a) the Secretary of State has made an application for an installation to be temporarily excluded under Article 27(2) of the Directive and the European Commission has not made a decision determining the application; or

(b) the date determined in accordance with regulation 11(3) by which an application under regulation 11(1) must be made has not passed ("the application deadline"),

paragraphs 4 and 7 of this Schedule shall apply as if references to the date on which these Regulations enter into force were to the date of the expiry of a period of 7 days beginning on the application deadline or, where the European Commission refuses the application, the date on which the European Commission notifies its decision.

     9. Where during a financial year - 

(a) a greenhouse gas emissions permit is granted in relation to an installation under regulation 9(4);

(b) an installation ceases to be an excluded installation; or

(c) a planned installation is put into operation,

the charge payable under paragraph 4 or 5 of this Schedule in respect of the subsistence of the greenhouse gas emissions permit relating to the installation for the remainder of that financial year shall be a proportion of the charge shown in relation to the financial year 2005/06, in Table 1 or in relation to the financial year 2006/2007 and subsequent financial years, in Table 2 calculated on a daily basis for the remainder of the financial year commencing on the date of the grant of the greenhouse gas emissions permit, the date on which the installation ceased to be an excluded installation or the planned installation is put into operation, as appropriate.

     10. Subject to paragraph 11 of this Schedule-

(a) the charge prescribed under paragraph 4 of this Schedule shall be payable on the expiry of a period of 28 days beginning on the date on which notice of the estimated 2005 emissions or, where paragraph 9 applies in relation to the installation, the estimated annual specified emissions and the charge is sent by the regulator to the operator;

(b) the charge prescribed under paragraph 5 of this Schedule shall be payable on the expiry of a period of 28 days beginning on the date on which notice of the charge and, in relation to a charge for a financial year in which paragraph 9 applies in relation to the installation and the following financial year, the estimated annual specified emissions, is sent by the regulator to the operator.

     11. The operator of an installation may notify the regulator that it wishes to pay the charges prescribed under paragraphs 4 and 5 of this Schedule in instalments.

     12. Where an operator notifies the regulator under paragraph 11 - 

(a) in the financial year in which the notice is given, the charge shall be payable in equal instalments payable on the first day of each quarter remaining in the financial year or, if later, on the expiry of a period of 28 days beginning on the date on which notice of - 


(i) in relation to a charge for the financial year 2005/2006, the estimated 2005 emissions or, where paragraph 9 applies in relation to the installation, the estimated annual specified emissions; and

(ii) the charge,



is sent by the regulator to the operator;

(b) in subsequent financial years, the charge shall be payable in four equal instalments payable on the first day of each quarter in the financial year or, if later, on the expiry of a period of 28 days beginning on the date on which notice of - 



(i) in relation to a charge for a financial year in which paragraph 9 applies in relation to the installation and the following financial year, the estimated annual specified emissions; and

(ii) the charge,

(a) if the charge has been paid for the whole financial year, a refund calculated on a daily basis for the remainder of the financial year commencing on the date on which the notice of surrender or revocation notice takes effect or the date of service of the certificate under regulation 11(6), as appropriate; or

(b) if the charge has been paid only for the quarter in which the surrender or revocation occurs, a refund calculated on a daily basis for the remainder of that quarter commencing on the date on which the notice of surrender or revocation notice takes effect or the date of service of the certificate under regulation 11(6), as appropriate.

     14.  - (1) The registry administrator shall within 14 days of the date on which the Secretary of State publishes the total number of installations in accordance with paragraph 7(b), notify the regulator of the element of the charge prescribed under paragraph 4 or 5 which relates to the subsistence of the operator holding account in the registry ("the operator registry charge").

    (2) The regulator shall pass on to the registry administrator any operator registry charge which it receives.

     15. For the purposes of this Schedule - 

"annual specified emissions" means the annual reportable emissions from the installation in the scheme year which ended in the financial year prior to the financial year to which the charge relates;

"estimated 2005 emissions" means a reasonable estimate, in the opinion of the regulator, of the reportable emissions likely to be emitted from the installation in the calendar year 2005;

"estimated annual specified emissions" means, in relation to a financial year in which paragraph 9 applies in relation to the installation and the following financial year, a reasonable estimate, in the opinion of the regulator of the reportable emissions likely to be emitted from the installation in the year beginning on the date on which the permit is granted, the installation ceases to be an excluded installation or the planned installation is put into operation;

"financial year" means a year beginning on 1^st April and ending on 31^st March;

"planned installation" means an installation in respect of which an operator has notified the regulator under regulation 13(1);

"quarter" means a three month period beginning with 1^st April, 1^st July, 1^st October and 1^st January;

"total number of installations" means the number of installations covered by greenhouse gas emissions permits in the United Kingdom excluding-

(i) any excluded installations or planned installations;

(ii) any installation in respect of which a retention notice has been served; and

(iii) any installations included in the European Commission's provision for temporary exclusion under Article 27(2) of the Directive which have applied for a certificate of temporary exclusion in accordance with regulation 11(1).

     " 41A Charges in respect of greenhouse gas emissions permits
 - (1) Without prejudice to subsections (1)(b) and (2) of section 41 above, the following charges may be prescribed under that section as respects permits ("greenhouse gas emissions permits") granted under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ("the regulations") - 


(a) charges in respect of, or in respect of an application for, the allocation of allowances to an operator;

(b) charges in respect of, or in respect of an application for, the retention of allowances by an operator ceasing to carry on an activity to which they relate;

(c) charges in respect of the revocation of a greenhouse gas emissions permit;

(d) charges in respect of the subsistence of an account required to be held in the trading scheme registry by an operator ("operator registry charges").



    (2) If the Agency - 



(a) proposes to prescribe operator registry charges, or to amend any provision for such charges included in a charging scheme, and

(b) notifies SEPA of its proposals,



the Agency and SEPA shall each include in a charging scheme (subject to approval by the Secretary of State under section 42(2) below) provision giving effect to the proposals.

    (3) If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies SEPA accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.

    (4) A notification under subsection (2) or (3) above shall include details of the amount of the proposed charges.

    (5) SEPA shall pass on to the Agency any operator registry charges that it receives.

    (6) A charging scheme made by the Agency may require the payment to the Agency of such charges as may from time to time be prescribed in respect of - 



(a) the creation of an account in the trading scheme registry, other than one that is required to be held by an operator;

(b) the subsistence of such an account;

(c) the updating of information provided to the Agency in relation to such an account.



    (7) In this section - 



"allowance" and "operator" have the same meaning as in the regulations;
"charging scheme" and "prescribed" have the same meaning as in section 41;
"trading scheme registry" means the registry established under the regulations."

    (3) In sub-section (1) of section 56 of the 1995 Act (interpretation of Part 1), in each of the two definitions of "environmental licence" insert after paragraph (j) - 

" (k) a greenhouse gas emissions permit granted under the Greenhouse Gas Emissions Trading Scheme Regulations 2005".


The Pollution Prevention and Control Act 1999

     2.  - (1) The Pollution Prevention and Control Act 1999 shall be amended in accordance with sub-paragraph (2).

    (2) In Schedule 1 - 

(a) after paragraph 9, insert a new paragraph 9A as follows - 

     " 9A.

    (1) Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects greenhouse gas emissions permits in relation to offshore installations, corresponding to those that may be prescribed under section 41 (read with section 41A) of the Environment Act 1995.

    (2) Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.

    (3) In this paragraph "greenhouse gas emissions permit" and "offshore installation" have the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005."

(b) in after paragraph 24, after "paragraph 9" insert ", 9A".