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Draft Order in Council laid under paragraph 11 of Schedule 3 to the Climate Change Act 2008 before Parliament, for approval by resolution of each House of Parliament, and before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly for their approval.

Draft Statutory Instruments

2010 No. 0000

Climate Change

The CRC Energy Efficiency Scheme Order 2010

Made

***

Coming into force in accordance with article 1

Contents

Go to Preamble

  1. PART 1

    Introduction

    1. CHAPTER 1

      General

      1. 1. Citation and commencement

      2. 2. The trading scheme: phases and application

      3. 3. Interpretation

      4. 4. Supplies and emissions

      5. 5. Registration and requirements of participants and others

      6. 6. Powers and duties of the administrator

      7. 7. Penalties, offences and appeals

      8. 8. Groups: liability to comply with this Order

    2. CHAPTER 2

      The administrator and co-operation

      1. 9. The administrator

      2. 10. Co-operation and provision of information

  2. PART 2

    Registration as a participant

    1. CHAPTER 1

      General

      1. 11. Applications, information and charges

      2. 12. Time for applications

      3. 13. Registration and certificates

    2. CHAPTER 2

      Public bodies

      1. 14. Government departments and the devolved administrations

      2. 15. Other public bodies

      3. 16. Public bodies: applications by groups

      4. 17. Public bodies: applications other than by groups

      5. 18. Determinations by the administrator

    3. CHAPTER 3

      Universities and colleges: England

      1. 19. Universities and colleges: England

      2. 20. Qualifying electricity

      3. 21. Universities and colleges: groups

      4. 22. Applications

    4. CHAPTER 4

      Undertakings

      1. 23. Groups of undertakings

      2. 24. Undertakings: applications by groups

      3. 25. Undertakings: applications by significant group undertakings

      4. 26. Undertakings: applications other than by groups

      5. 27. Changes to undertakings and groups

      6. 28. Determinations by the administrator

  3. PART 3

    Exemptions

    1. 29. CCA emissions and target periods

    2. 30. Total emissions

    3. 31. Electricity generating credit

    4. 32. Member CCA exemptions

    5. 33. General CCA exemptions

    6. 34. Group CCA exemptions

    7. 35. Requirements for exemptions to apply: general

    8. 36. Requirements for exemption to apply: exception

    9. 37. Effect of exemptions and records

    10. 38. Loss of exemptions and further exemptions

  4. PART 4

    Footprint reports and residual measurement lists

    1. 39. Provision of footprint reports

    2. 40. Member CCA exemptions

    3. 41. Footprint emissions

    4. 42. Requirement for residual measurement lists

    5. 43. Residual percentage

    6. 44. Content of residual measurement lists

    7. 45. Compilation of residual measurement lists

    8. 46. Changes affecting participants

  5. PART 5

    Annual reports

    1. 47. Provision of annual reports

    2. 48. Member CCA exemptions

    3. 49. Annual report

    4. 50. CRC emissions

    5. 51. Changes affecting participants

  6. PART 6

    Allowances and CRC emissions

    1. 52. Validity of allowances

    2. 53. Allowances and CRC emissions

    3. 54. Cancellation of allowances and surplus surrendered allowances

    4. 55. Allowances and trading

    5. 56. Community tradeable emissions allowances

  7. PART 7

    Records

    1. 57. General

    2. 58. Records: general

    3. 59. Records: residual measurements lists and public disclosure

    4. 60. Audit of records

  8. PART 8

    Information and assistance requirements

    1. 61. Supplies of electricity, gas and fuel under Part 8

    2. 62. Information on half hourly meters and amount of supplies

    3. 63. Information on electricity and gas supplied from authorised suppliers holding a licence

    4. 64. Information from electricity suppliers

    5. 65. Assistance by occupiers

    6. 66. Information and assistance by franchisees

    7. 67. Information and assistance: public bodies

  9. PART 9

    Administration of the scheme

    1. 68. The Registry

    2. 69. Security of the Registry

    3. 70. Security and identities

    4. 71. Preventing or suspending use of the Registry

    5. 72. Cancellation of registrations of participants

    6. 73. Account holders

    7. 74. Determinations

  10. PART 10

    Achievement and performance tables, publication and verification

    1. 75. Achievement tables

    2. 76. No information on relative change and early action

    3. 77. Performance tables

    4. 78. Publication

    5. 79. Verification

    6. 80. Further publication

  11. PART 11

    Charging

    1. 81. Charges

    2. 82. Chargeable activities

    3. 83. Amount of charges

    4. 84. Revised charges

    5. 85. Collection and remittance of charges

  12. PART 12

    Monitoring compliance

    1. 86. Compliance notices

    2. 87. Inspections

  13. PART 13

    Enforcement

    1. 88. Powers of the administrator in respect of enforcement

    2. 89. Authorised persons

    3. 90. Notices to provide information: compliance with articles 58 and 59

    4. 91. Enforcement notices

  14. PART 14

    Civil penalties

    1. 92. Civil penalties

    2. 93. Recovery of civil penalties

    3. 94. Waiver and modification of civil penalties

    4. 95. Failures in respect of registration

    5. 96. Failures in respect of footprint reports

    6. 97. Failures in respect of annual reports

    7. 98. Failures to provide information or notifications

    8. 99. Inaccurate footprint reports and annual reports

    9. 100. Failures to surrender allowances contrary to Part 6

    10. 101. Later discovered failures to surrender allowances contrary to Part 6

    11. 102. Failures to maintain records

    12. 103. Failures to provide information on half hourly meters under article 62

    13. 104. Failures to provide information under article 64

    14. 105. Blocking and publication

  15. PART 15

    Criminal offences and penalties

    1. 106. Offences

    2. 107. Penalties

    3. 108. Bodies corporate

    4. 109. Scottish partnerships

    5. 110. The Crown

  16. PART 16

    Appeals, service of notices and national security

    1. 111. Appeals

    2. 112. Service of documents and periods to comply

    3. 113. National security

    1. SCHEDULE 1

      Supplies and emissions

    2. SCHEDULE 2

      Core supplies

    3. SCHEDULE 3

      Public bodies

    4. SCHEDULE 4

      Undertakings and significant group undertakings

    5. SCHEDULE 5

      Information

    6. SCHEDULE 6

      Changes to participants

      1. PART 1

        Public bodies: government

      2. PART 2

        Other public bodies

      3. PART 3

        Undertakings

    7. SCHEDULE 7

      The Registry

    8. SCHEDULE 8

      Achievement and performance tables

    9. SCHEDULE 9

      Powers of entry and inspection

    10. SCHEDULE 10

      Appeals

    11. SCHEDULE 11

      Service of documents

Go to Explanatory Note

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

Whereas:

(a) the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of the Environment of Northern Ireland have in accordance with section 48 of and paragraph 10 of Schedule 3 to the Climate Change Act 2008(1)—

(i) obtained, and taken into account, the advice of the Committee on Climate Change in respect of this Order; and

(ii) consulted such persons likely to be affected by this Order as they considered appropriate;

and

(b) in accordance with paragraph 11 of Schedule 3 to the Climate Change Act 2008, a draft of the statutory instrument containing this Order has been approved by resolution of each House of Parliament, the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly,

Her Majesty, in exercise of the powers conferred by sections 44 and 46(3) of and Schedule 2 and paragraph 9 of Schedule 3 to the Climate Change Act 2008, is pleased, by and with the advice of Her Privy Council, to order as follows:

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