The CRC Energy Efficiency Scheme Order 2013

1. Introductory Text

2. 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, appeals, revocations, continuing effect and amendments

      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

3. 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 other than by groups

      4. 26. Undertakings: disaggregation

      5. 27. Changes to undertakings and groups

      6. 28. Determinations by the administrator

   5. CHAPTER 5 Trustees

      1. 29. Trustees: separate participation

   6. CHAPTER 6 Operators

      1. 30. Operators: separate participation

4. PART 3 Annual reports

   1. 31. Provision of annual reports

   2. 32. Annual report

   3. 33. CRC emissions

   4. 34. Changes affecting participants

5. PART 4 Allowances and trading of CRC emissions

   1. 35. Validity of allowances

   2. 36. Allowances and CRC emissions

   3. 37. Cancellation of allowances and surplus surrendered allowances

   4. 38. Allowances and trading

6. PART 5 Records and notification

   1. 39. General

   2. 40. Records: general

   3. 41. Records: public disclosure

   4. 42. Audit of records

7. PART 6 Information and assistance requirements

   1. 43. Supplies of electricity and gas under Part 6

   2. 44. Information on electricity and gas supplied from authorised suppliers

   3. 45. Information from electricity suppliers

   4. 46. Information and assistance by occupiers

   5. 47. Information and assistance by franchisees

   6. 48. Information and assistance: public bodies

   7. 49. Information and assistance by administrators, receivers and insolvency practitioners

8. PART 7 Administration of the scheme

   1. 50. The Registry

   2. 51. Security of the Registry

   3. 52. Security and identities

   4. 53. Preventing or suspending use of the Registry

   5. 54. Cancellation of registrations of participants

   6. 55. Account holders

   7. 55A. Accounts on or after 1st April 2022

   8. 55B. Communications on or after 1st April 2022

   9. 55C. Records and information on or after 1st April 2022

   10. 56. Notification

   11. 57. Determinations

9. PART 8 Performance information and publication

   1. 58. Publication of performance information

   2. 59. Further publication

10. PART 9 Charging

    1. 60. Charges

    2. 61. Chargeable activities

    3. 62. Amount of charges

    4. 63. Revised charges

    5. 64. Collection and remittance of charges

11. PART 10 Monitoring compliance

    1. 65. Compliance notices

    2. 66. Inspections

12. PART 11 Enforcement

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

    2. 68. Notices to provide information: compliance with articles 40 and 41

    3. 69. Enforcement notices

13. PART 12 Civil penalties

    1. 70. Civil penalties

    2. 71. Effect and recovery of civil penalties

    3. 72. Discretion in waiving, imposition and modification of civil penalties

    4. 73. Failures in respect of registration

    5. 74. Failures in respect of annual reports

    6. 75. Failures to provide information or notifications

    7. 76. Inaccurate annual reports

    8. 77. Failures to surrender allowances contrary to Part 4

    9. 78. Later discovered failures to surrender allowances contrary to Part 4

    10. 79. Failures to maintain records

    11. 80. Failures to provide information under article 44

    12. 81. Blocking and publication

14. PART 13 Criminal offences and penalties

    1. 82. Offences

    2. 83. Penalties

    3. 84. Bodies corporate

    4. 85. Scottish partnerships

    5. 86. The Crown

15. PART 14 Appeals, service of notices and national security

    1. 87. Appeals: general

    2. 88. Grounds of appeal

    3. 89. Appeal body

    4. 90. Effect of an appeal

    5. 91. Standard of proof

    6. 92. Determination of an appeal

    7. 93. Procedure for appeals

    8. 94. Service of documents

    9. 95. National security

16. PART 15 Revocations, continuing effect and amendments

    1. 96. Revocations, continuing effect and amendments

17. Signature

18. 1. SCHEDULE 1

       Supplies and emissions

       1. SECTION 1 Electricity and gas: general

          1. 1. Electricity

          2. 2. Gas

          3. 3. Measurement units

       2. SECTION 2 Electricity and gas: self-supply

          1. 4. Self-supply of electricity by generators, transmitters, distributors and authorised suppliers

          2. 5. Self-supply by authorised gas suppliers

       3. SECTION 3 Franchise agreements

          1. 6. Supplies under franchise agreements

          2. 7. Franchise agreements

          3. 8. Franchise agreements not existing

          4. 9. Supplies to franchisees regarded as supplies to franchisors

       4. SECTION 4 Trusts of land

          1. 10. Supplies to trustees in relation to trust premises

          2. 11. Supplies to beneficiaries

          3. 12. Supplies to operators

       5. SECTION 5 Deductions from supplies

          1. 13. Deductions from supplies

          2. 14. Unconsumed supply: electricity

          3. 15. Unconsumed supply: gas

          4. 16. Occupation of premises

          5. 17. Consumption outside the United Kingdom

          6. 18. Domestic accommodation

          7. 19. Caravan sites: accommodation

          8. 20. Emergency and temporary accommodation

          9. 21. Transport consumption

          10. 22. Un-metered transport supply: electricity

          11. 23. Un-metered transport supply: gas

          12. 24. Purposes of transport

          13. 25. Consumption of gas for purposes other than heating

          14. 26. Purposes of heating

          15. 27. Minimal gas heating supply levels

          16. 28. EU ETS installations

          17. 29. CCA facility consumption

          18. 29A. Metallurgical and mineralogical processes consumption

       6. SECTION 6 Additions to supplies: estimation adjustments

          1. 30. Additions to supplies

          2. 31. Estimation adjustment: electricity and gas

       7. SECTION 7 Renewables generation and amount of emissions from supplies

          1. 32. Renewables generation: electricity

          2. 33. Amount of emissions

          3. 34. Conversion factors

    2. SCHEDULE 2

       Public bodies

       1. SECTION 1 Interpretation

          1. 1. Public bodies

          2. 2. Public authorities and the National Assembly for Wales Commission

          3. 3. Public bodies: bodies corporate

          4. 4. Public bodies: proprietors of Academies and colleges

          5. 5. Public bodies: one public body part of another

       2. SECTION 2 Public bodies: groups

          1. 6. Groups and members

          2. 7. Bodies corporate

          3. 8. Educational bodies: Wales

          4. 9. Grant-aided schools: Northern Ireland

       3. SECTION 3 Public bodies: government and local authority decisions

          1. 10. Government and local authority decisions

          2. 11. The Scottish Ministers

          3. 12. The Welsh Assembly Government and Welsh Ministers

          4. 13. Northern Ireland departments

          5. 14. Government decisions

          6. 15. Government decisions: supplies and departments

          7. 16. Local authority decisions

          8. 17. Notification of government and local authority decisions

    3. SCHEDULE 3

       Undertakings and participant equivalents

       1. Undertakings and participant equivalents

          1. 1. Undertakings

          2. 2. Participant equivalents

          3. 3. Participant equivalents: movement between groups during a phase

          4. 4. Undertakings or groups of undertakings as participants

    4. SCHEDULE 4

       Information on registration

       1. 1. General

       2. 2. Contact information

       3. 3. Where the applicant is a group of undertakings—

       4. 4. Where the applicant is a group of public bodies, the...

       5. 5. The name, postal address, email address and telephone number of...

       6. 6. Total supplies of qualifying electricity

    5. SCHEDULE 5

       Changes to participants

       1. PART 1 Public bodies: government

          1. SECTION 1 Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government

             1. 1. Application of Part 1

             2. 2. Notifications and applications: time to comply and the administrator

          2. SECTION 2 Creation of new departments

             1. 3. Creation of a new department

             2. 4. Creation of a new department: year 1

             3. 5. Creation of a new department: year 2

             4. 6. Creation of a new department: after year 2

             5. 7. Deemed supplies of the new department

          3. SECTION 3 Transfers of parts of government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government

             1. 8. Transfer of part of a department to another department

             2. 9. Transfers: year 1

             3. 10. Deemed supplies

          4. SECTION 4 Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government

             1. 11. Mergers of departments

          5. SECTION 5 Government decisions and separate participation

             1. 12. Government decisions

             2. 13. Separate participants: year 1

       2. PART 2 Other public bodies

          1. 1. Application of Part 2

          2. 2. Notifications and applications: time to comply and the administrator

          3. 3. Mergers of public bodies

       3. PART 3 Undertakings

          1. SECTION 1 Post-qualification period

             1. 1. Time for applications

             2. 2. Participant equivalents leaving a group but not joining another group

             3. 3. Joining of a participant or participant equivalent with a non-participant

             4. 4. Joining of a participant with another participant

             5. 5. Participant equivalents leaving a group and joining another group

          2. SECTION 2 Annual reporting years and post-application periods

             1. 6. Application during annual reporting years and post-application periods

             2. 7. Notifications and applications: time to comply and the administrator

             3. 8. Determinations

             4. 9. Participant equivalents becoming participants

             5. 10. Joining of a participant or participant equivalent with a non-participant

             6. 11. Joining of a participant as a member of another participant

             7. 12. Participant equivalents transferring to another participant

             8. 13. Trustees: separate participation

    6. SCHEDULE 6

       The Registry

       1. 1. Setting up accounts

       2. 2. Account holders and information

       3. 3. Recording of transfers between accounts

       4. 4. Updating of accounts

       5. 5. Non-compliance accounts and third party accounts

    7. SCHEDULE 7

       Appeals procedure

       1. SECTION 1 Procedure for appeals against determinations, notices or penalties made or given by the Scottish Environment Protection Agency

          1. 1. This section applies to appeals against determinations, notices or penalties...

          2. 2. A person who wishes to appeal to the Scottish Ministers...

          3. 3. The appeal body must as soon as is reasonably practicable...

          4. 4. An appellant may withdraw an appeal by notifying the appeal...

          5. 5. Notice of appeal in accordance with paragraph 2 is to...

       2. SECTION 2 Procedure for appeals against determinations, notices or penalties made or given by the chief inspector or the Department of the Environment

          1. 6. This section applies to appeals against determinations, notices or penalties...

          2. 7. A person who wishes to appeal to the Planning Appeals...

          3. 8. The appeal body must as soon as is reasonably practicable...

          4. 9. An appellant may withdraw an appeal by notifying the appeal...

          5. 10. Notice of appeal in accordance with paragraph 7 is to...

          6. 11. The appeal body must determine the appeal and paragraphs (1),...

          7. 12. The Planning Appeals Commission must determine the process for determining...

          8. 13. An appeal under this section must be accompanied by a...

       3. SECTION 3 Procedure for appeals against determinations, notices or penalties made or given by the Welsh Ministers or the Scottish Ministers

          1. 14. This section applies where the appellant is or includes—

          2. 15. Where the appellant wishes to appeal to an independent person...

          3. 16. (1) Where the appellant is or includes the Natural Resources...

          4. 17. (1) Where the appellant is or includes the Scottish Environment...

          5. 18. The appeal body may decide an appeal received late.

          6. 19. An appellant may withdraw an appeal by notifying the appeal...

          7. 20. The appeal body may publicise the appeal where it considers...

          8. 21. The Welsh Ministers or the Scottish Ministers as appropriate must...

          9. 22. The appeal body may— (a) adopt such procedures as it...

          10. 23. On request by the administrator, the appeal body may award...

          11. 24. The costs under paragraph 23— (a) are those agreed by...

    8. SCHEDULE 8

       Service of documents

       1. 1. The provisions of this Schedule apply to the service of...

       2. 2. A document must be in writing.

       3. 3. Subject to paragraph 5, a document may be served on...

       4. 4. For the purposes of paragraph 3, a document is served...

       5. 5. A document may be served on an applicant or participant...

       6. 6. Except where paragraph 5 applies, if a person to be...

       7. 7. For the purposes of paragraph 3, the principal office of...

       8. 8. Where— (a) a participant is a group; and

    9. SCHEDULE 9

       Amendments to the CRC Energy Efficiency Scheme Order 2010

       1. 1. The 2010 Order is amended as follows.

       2. 2. In article 3 (interpretation)— (a) for the definition of “allowance”,...

       3. 3. For paragraph (a) of article 4 (supplies and emissions), substitute—...

       4. 4. In article 5 (registration and requirements of participants and others)—...

       5. 5. In article 6(b) (powers and duties of the administrator), substitute—...

       6. 6. (1) Article 9 (the administrator) is amended as follows.

       7. 7. For article 12 (time for applications), substitute— Time for application...

       8. 8. (1) Part 3 (exemptions) is amended as follows.

       9. 9. Omit Part 4 (footprint reports and residual measurement lists).

       10. 10. (1) Part 5 is amended as follows.

       11. 11. (1) Part 6 (allowances and CRC emissions) is amended as...

       12. 12. In paragraph (a) of article 58 (records), omit “and section...

       13. 13. In article 59 (records: residual measurements lists and public disclosure)—...

       14. 14. For article 61 (supplies of electricity, gas and fuel under...

       15. 15. For Part 10 (achievement and performance tables, publication and verification),...

       16. 16. (1) Part 14 (civil penalties) is amended as follows.

       17. 17. (1) Schedule 1 (supplies and emissions) is amended as follows....

       18. 18. Omit Schedule 2 (core supplies).

       19. 19. (1) Schedule 3 is amended as follows.

       20. 20. (1) Schedule 5 (information) is amended as follows.

       21. 21. (1) Schedule 6 (changes to participants) is amended as follows....

       22. 22. Omit Schedule 8 (achievement and performance tables).

19. Explanatory Note