The Greenhouse Gas Emissions Trading Scheme Regulations 2005

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of these Regulations to the Crown

    4. 4.Notices

    5. 5.Applications

    6. 6.Functions of the regulator: Northern Ireland

  3. PART 2 GREENHOUSE GAS EMISSIONS PERMITS

    1. 7.Requirement for greenhouse gas emissions permit to carry out Schedule 1 activities

    2. 8.Applications for greenhouse gas emissions permits

    3. 9.Determination of applications and grant of greenhouse gas emissions permits

    4. 10.Conditions of greenhouse gas emissions permits

    5. 11.Excluded installations

    6. 12.Proposed change in operation

    7. 13.Commencement of a Schedule 1 activity

    8. 14.Variation of provisions of greenhouse gas emissions permits

    9. 15.Transfer of greenhouse gas emissions permits

    10. 16.Applications to surrender a greenhouse gas emissions permit

    11. 17.Revocation of greenhouse gas emissions permits

    12. 18.Fees and charges

    13. 19.Charging scheme for offshore installations

  4. PART 3 ALLOWANCES

    1. 20.National Allocation Plans

    2. 21.Allocation and issue of allowances

    3. 22.Application for an allocation from the new entrant reserve

    4. 23.Allowance allocation where permit surrendered or revoked

    5. 24.Applications to retain allocation

    6. 25.Supplementary decisions by the regulator or the Secretary of State

    7. 26.Registry

    8. 27.Pooling

  5. PART 4 ENFORCEMENT

    1. 28.Duty of regulator to enforce compliance with monitoring and reporting conditions

    2. 29.Enforcement notices

    3. 30.Power of the regulator to determine reportable emissions

    4. 31.Powers of entry: offshore installations

  6. PART 5 APPEALS

    1. 32.Appeals against a decision of, or a notice served by, the regulator or registry administrator

    2. 33.Appeals for reconsideration of decisions

    3. 34.Procedure for appeals under regulations 32 and 33

  7. PART 6 INFORMATION

    1. 35.Information

    2. 36.Publication of a list of operators subject to penalties

    3. 37.National Security

  8. PART 7 OFFENCES AND CIVIL PENALTIES

    1. 38.Offences

    2. 39.Civil penalties: excess emissions

    3. 40.Civil penalties: understatement of reportable emissions

    4. 41.Civil penalties: general

  9. PART 8 APPROPRIATE AUTHORITY'S POWERS

    1. 42.Directions to regulators

    2. 43.Guidance to regulators

  10. PART 9 SECRETARY OF STATE'S POWERS

    1. 44.Directions to registry administrator

    2. 45.Guidance to the registry administrator

  11. PART 10 SUPPLEMENTARY

    1. 46.Agreement of Scottish Ministers, the National Assembly for Wales and the Department for Environment

  12. PART 11 REVOCATION AND CONSEQUENTIAL AMENDMENTS

    1. 47.Revocation and savings provisions

    2. 48.Consequential amendments

  13. Signature

    1. SCHEDULE 1

      Activities

      1. PART 1 Activities and Specified Emissions

      2. PART 2 Interpretation of Schedule 1

        1. 1.The following rules apply for the interpretation of Part 1...

        2. 2.An activity shall not be taken to be an activity...

        3. 3.(1) This paragraph applies for the purpose of determining whether...

    2. SCHEDULE 2

      Appeals (other than appeals to which Schedule 4 applies)

      1. 1.(1) A person who wishes to appeal to the appeal...

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

      3. 3.(1) In the case of an appeal under regulation 32,...

      4. 4.(1) Before determining an appeal, the appeal body may afford...

      5. 5.(1) Where an appeal under regulation 32 (other than an...

      6. 6.(1) The appeal body shall give notice to the appellant...

      7. 7.Where a determination of the appeal body on an appeal...

    3. SCHEDULE 3

      Delegation of Appellate Functions

      1. 1.In this Schedule— “appointed person” means a person appointed under...

      2. 2.An appointment must be in writing and—

      3. 3.Subject to the provisions of this Schedule, an appointed person...

      4. 4.(1) If either of the parties to the appeal, matter...

      5. 5.(1) Where under paragraph 2(c) the appointment of the appointed...

      6. 6.(1) Anything done or omitted to be done by an...

    4. SCHEDULE 4

      Appeals under regulation 32: Northern Ireland

      1. 1.(1) A person who wishes to appeal to the Planning...

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

      3. 3.(1) The regulator shall, within 14 days of receipt of...

      4. 4.(1) The appeals commission shall determine the appeal and paragraphs...

    5. SCHEDULE 5

      Fees And Charges

      1. PART 1 Fees in relation to the grant, variation, transfer, surrender and revocation of a greenhouse gas emissions permit

        1. 1.(1) The following fees are prescribed and shall be payable...

      2. PART 2 Fees in respect of the allocation of allowances

        1. 2.(1) The following fees are prescribed and shall be payable...

      3. PART 3 Registry fees

        1. 3.(1) The following fees are prescribed and shall be payable...

      4. PART 4 Subsistence Charges

        1. 4.Subject to paragraphs 6, 9 and 13 of this Schedule,...

        2. 5.Subject to paragraphs 6, 9 and 13 of this Schedule,...

        3. 6.The charge prescribed for the subsistence of a greenhouse gas...

        4. 7.Subject to paragraph 8 of this Schedule, the Secretary of...

        5. 8.Where on the date of entry into force of these...

        6. 9.Where during a financial year— (a) a greenhouse gas emissions...

        7. 10.Subject to paragraph 11 of this Schedule–

        8. 11.The operator of an installation may notify the regulator that...

        9. 12.Where an operator notifies the regulator under paragraph 11—

        10. 13.Where during a financial year a greenhouse gas emissions permit...

        11. 14.(1) The registry administrator shall within 14 days of the...

        12. 15.For the purposes of this Schedule— “annual specified emissions” means...

    6. SCHEDULE 6

      Consequential Amendments

      1. The Environment Act 1995

        1. 1.(1) The 1995 Act shall be amended in accordance with...

      2. The Pollution Prevention and Control Act 1999

        1. 2.(1) The Pollution Prevention and Control Act 1999 shall be...

  15. Explanatory Note