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The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2012

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2013 No. 3103

PART 2ALLOCATIONS

Conduct of allocations

3.  (1)  The Environment Agency(1) must conduct allocations of allowances in return for payment to the Secretary of State.

(2) The Environment Agency—

(a)may only conduct main allocations of allowances during a primary or secondary allocation period, and

(b)may conduct special allocations of allowances at any time.

Requests for allocation of allowances

4.  (1)  An account holder wishing to be allocated allowances must submit a request to the Environment Agency.

(2) An account holder may only make a request to be allocated allowances—

(a)during a primary allocation period, or

(b)where the request is for a special allocation, following receipt of an enforcement notice or a notice of a civil penalty requiring allowances to be acquired.

(3) A request for allowances to be allocated must specify—

(a)the number of allowances that the account holder wishes to acquire,

(b)the name of the account holder making the request,

(c)the registry account to which the allowances allocated are to be issued, and

(d)whether the request relates to a main allocation or a special allocation.

(4) Unless otherwise agreed by the Environment Agency, the request must be made using such facilities as are provided by the Registry.

(5) An account holder may make multiple requests in respect of each primary allocation period.

Allocation periods

5.  (1)  The Environment Agency must conduct main allocations of allowances during the allocation periods determined in accordance with this regulation.

(2) The primary allocation periods are as follows—

(a)the first primary allocation period begins on 1st June 2012 and ends on 31st July 2012,

(b)the second primary allocation period begins on 3rd June 2013 and ends on 31st July 2013, and

(c)the third primary allocation period begins on 2nd June 2014 and ends on 31st July 2014.

(3) The secondary allocation periods are as follows—

(a)the first secondary allocation period begins on 13th August 2012 and ends on 7th September 2012,

(b)the second secondary allocation period begins on 12th August 2013 and ends on 6th September 2013, and

(c)the third secondary allocation period begins on 11th August 2014 and ends on 5th September 2014.

(4) Where an allocation period referred to in this regulation begins on a day which is not a working day, the allocation period is to begin on the next working day.

(5) Where an allocation period referred to in this regulation ends on a day which is not a working day, the allocation period is to end on the previous working day.

Allocations

6.  (1)  Only an account holder of a compliance account may make a request to be allocated allowances at an allocation.

(2) A request to be allocated allowances at an allocation is not valid unless payment is made in accordance with regulation 7(2) or (3).

(3) Where payment is not received in full the Environment Agency must allocate allowances up to the value for which payment has been received.

(4) Where payment is received after the time required under regulation 7(2) or (3), or where a balance is remaining after allowances have been allocated under regulation 6(3), the Secretary of State must repay the payment or balance to the account holder making the request as soon as reasonably practicable.

Payment for allowances

7.  (1)  The amount required to be paid for each allowance at an allocation is £12.

(2) Payment for allocations requested in a primary allocation period must be made no later than the last day of that allocation period.

(3) Payment for allocations requested at a special allocation must be made—

(a)no later than the date specified in the enforcement notice or within 5 working days of the effective date of a notice of a civil penalty, or

(b)where the relevant notice is appealed, no later than 5 working days of the final determination of the appeal.

(1)

established under section 1(1) of the Environment Act 1995 (c.25).

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