Revocations
The following enactments are revoked—
(a) the 2005 Regulations;
(b) the following enactments amending the 2005 Regulations—
(i) S.I. 2006/737;
(ii) S.I. 2007/465;
(iii) S.I. 2007/1096;
(iv) S.I. 2007/3433;
(v) regulation 3 of S.R. (N.I.) 2010/92;
(vi) regulation 4 of S.I. 2005/2903;
(vii) regulation 8 of S.I. 2010/1513;
(viii) regulations 3 and 4 of S.I. 2011/1506;
(ix) paragraphs 1 to 20 of the Schedule to S.I. 2011/2911;
(c) the Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 ;
(d) the 2010 Regulations;
(e) the Aviation Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2011 .
Savings and transitional provisions: the 2005 Regulations
(1) Notwithstanding the revocations made by regulation 85, the following provisions of the 2005 Regulations (“ the relevant provisions ”) continue to have effect to the extent specified below.
("1A) the relevant provisions have effect as if—
(a) in regulation 2(1) the definition of “regulator” was amended as follows—
(i) in sub-paragraph (i) omit “and Wales”;
(ii) after sub-paragraph (i) insert—
(ia) in relation to an installation (other than an offshore installation) which is (or will be) situated in Wales, the Natural Resources Body for Wales;
(b) regulation 35(5) was amended as follows—
(i) in sub-paragraph (a) omit “and Wales”; and
(ii) in sub-paragraph (b) after “in relation to” insert “Wales,”.
(2) Part 1 and Schedule 1 have effect for the purpose of the relevant provisions.
(3) Regulations 16 and 17 have effect for the purposes of making an application for the surrender of a permit, or the service of a notice of revocation in respect of a failure to make such an application, where the circumstances giving rise to the requirement to make the application occurred before 1st January 2013.
(4) Regulation 18(3) to (5) has effect in relation to the charging schemes referred to in that regulation.
(5) Regulation 22 (other than paragraph (2)) has effect for the purpose of allowing an operator to make an application for an allocation from the new entrant reserve (as defined by regulation 2 of the 2005 Regulations).
(6) But for the purpose of paragraph (5) above, the reference in regulation 22(22) to regulation 15(1) of the 2005 Regulations is to be read as a reference to regulation 12(1) of these Regulations (and the reference to the proposed transferee is accordingly to be read as a reference to the new operator).
(7) Subject to paragraph (8) below, regulation 26 has effect for all purposes relating to the registry referred to in Article 3(2) of the Registries Regulation 2010.
(8) In regulation 26—
(a) paragraphs (2) to (5) do not have effect; and
(b) paragraph (8) has effect as if the references to Articles 18, 20(4) and 27(5) were omitted.
(9) The following provisions have effect in so far as they relate to any activities carried out, or emissions arising, prior to 1st January 2013—
(a) regulation 27A;
(b) Part 4.
(10) Subject to paragraph (11) below, Part 5 and Schedules 2 to 4 have effect in relation to any appeal brought against a decision or notice specified in regulation 32(1) to (5) of the 2005 Regulations.
(11) Regulation 32(4) has effect as if the reference to the appropriate authority were a reference to the First-tier tribunal (and the reference to the appropriate authority in regulation 32(7) is to be construed accordingly).
(12) Regulation 35 has effect in so far as it relates to functions carried out before 1st January 2013 or under the relevant provisions.
(13) Regulation 36 has effect in so far as it relates to a civil penalty in respect of emissions arising before 1st January 2013.
(14) Regulation 37 has effect.
(15) Paragraph (1)(c) to (f) of regulation 38 has effect in so far as it relates to the relevant provisions, but where the conduct giving rise to the offence occurs after 31st December 2012 the following civil penalties apply (subject to the regulator’s discretion under regulation 51 above) instead of the offences under that paragraph—
(a) the penalty in regulation 59 above applies instead of the offence of failing to making an application to surrender a permit;
(b) the penalties in regulation 53 above apply instead of the offence of failing to comply with a notice under regulation 22(13)(a) (and for that purpose the condition of the notice is deemed to be a condition falling within paragraph (1)(c) of regulation 53);
(c) the penalties in regulation 68 above apply instead of the offence of failing to comply with an enforcement notice; and
(d) the penalty in regulation 70 above applies instead of an offence under paragraph (1)(f) of regulation 38.
(16) Subject to paragraph (17) below, regulation 38(2) and (3) has effect.
(17) No prosecution may be brought in respect of an offence under regulation 38(1)(a) if—
(a) the conduct that gave rise to the offence continues after 31st December 2012; and
(b) the person who has committed the offence will be liable to a civil penalty under regulation 52 above.
(18) Subject to regulation 87B below, regulations 39 to 41 have effect in relation to a failure to surrender allowances in respect of emissions arising before 1st January 2013, and regulation 40 has effect in relation to an understatement of such emissions.
(19) Parts 8 to 10 have effect in so far as they relate to functions carried out, or powers exercised, under the relevant provisions or as national administrator under the Registries Regulation 2010.
Savings and transitional provisions: the 2010 Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligations in relation to aviation emissions arising before 2013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unreported emissions arising before 2013
(1) Where paragraph (2) applies, a person (“P”) is not liable to an excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a relevant year (“Y”) that exceed P's verified annual reportable emissions for that year.
(2) This paragraph applies where—
(a) the regulator becomes aware that P's reportable emissions in Y exceed P's verified annual reportable emissions in respect of that year; and
(b) P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the year following Y.
(3) Where paragraph (2) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender by 30th April in the year following Y in respect of the unreported emissions.
(4) Regulation 51(1) above applies to a penalty under paragraph (3) as it applies to a penalty under Part 7.
(5) In this regulation—
(a) “allowance” includes—
(i) where the excess emission penalty would arise under the 2010 Regulations, an aviation allowance; and
(ii) within the limits allowed by regulation 27A of the 2005 Regulations or regulation 26 of the 2010 Regulations, a project credit as defined by regulation 27 of the 2010 Regulations;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) “excess emissions penalty” means the penalty under regulation 39 of the 2005 Regulations or regulation 38(1)(a) of the 2010 Regulations;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) “relevant year” means a calendar year prior to 2013;
(ea) “ verified annual reportable emissions ” means—
(i) reportable emissions that are verified pursuant to regulation 10 of the 2005 Regulations or regulation 21 of the 2010 Regulations;
(ii) reportable emissions that are determined by the regulator under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations;
(f) “unreported emissions” means the emissions mentioned in paragraph (1);
(g) “sterling equivalent” has the meaning given in regulation 54(7) above.
Obligations in relation to aviation emissions arising before 2013: deficits
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provisions: permits
(1) A permit granted under regulation 9 of the 2005 Regulations that is in force immediately before 1st January 2021, continues to have effect until it is revoked or surrendered under these Regulations.
(2) The regulator must vary the content of a greenhouse gas emissions permit that is in force immediately before 1st January 2021 to comply with the requirements of paragraph 2 of Schedule 4.
(3) Subject to paragraphs (4) and (5), an excluded installation emissions permit that is in force immediately before 1st January 2021 continues to have effect as if it were an Article 27 installation emissions permit until it is revoked, surrendered or varied under these Regulations.
(4) The regulator must vary the excluded installation emissions permit as necessary to bring it into a form in which it could have been granted under regulation 10(2).
(5) The regulator must, where an excluded installation is not eligible to obtain an Article 27 installation emissions permit, vary the excluded emissions permit with effect from 1st January 2021 so that the provisions of the permit that satisfy the requirements of paragraph 3 of Schedule 5 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.
(6) The regulator may make any arrangements it considers necessary during the transitional period to—
(a) vary a permit under paragraph (2), (4) or (5);
(b) grant an Article 27 installation emissions permit under regulation 10(2);
(c) revoke a permit under regulation 14(1)(b)(ii) or (iii);
(d) vary a greenhouse gas emissions permit under paragraph 2 of Schedule 5.
(7) In this regulation, the “ transitional period ” means the period which—
(a) begins with 1st May 2020; and
(b) ends with 31st December 2020.
Transitional provisions: aviation emissions plans
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
