The Greenhouse Gas Emissions Trading Scheme Regulations 2003

PART 2 Greenhouse Gas Emissions Permits

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

7.  No person shall carry out a Schedule 1 activity resulting in specified emissions after 1 January 2005, except under and to the extent authorised by a greenhouse gas emissions permit.

Applications for greenhouse gas emissions permits

8.—(1) An application for a greenhouse gas emissions permit shall be made to the regulator in accordance with this regulation and shall, except where the application relates to an offshore installation, be accompanied by the fee prescribed in respect of the application in regulation 17.

(2) An application under paragraph (1) shall contain the following information—

(a) the name of the applicant, his telephone number and postal address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the postal address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of section 736 of the Companies Act 1985(1) or, in relation to Northern Ireland, article 4 of the Companies (Northern Ireland) Order 1986(2)), the name of the ultimate holding company and the postal address of its principal office;

(b) the postal address of the site of the installation and its national grid reference (or for offshore installations equivalent information identifying the installation and its location), a description of that site and the location of the installation on that site;

(c) a description of the installation and the Schedule 1 activities to be carried out in the installation including a description of the technology used;

(d) the raw and auxiliary materials used in carrying out Schedule 1 activities in the installation, the use of which is likely to lead to specified emissions;

(e) the sources of specified emissions from the Schedule 1 activities carried out in the installation;

(f) a description of the measures which are planned to monitor and report specified emissions;

(g) a description, including the reference number, of any environmental licence issued in relation to the installation;

(h) any additional information which the applicant wishes the regulator to take into account in considering the application; and

(i) a non-technical summary of the information referred to in sub-paragraphs (c) to (h).

(3) For the purpose of paragraph (2)(g), “environmental licence” means—

(a) an authorisation under Part I of the Environmental Protection Act 1990(3) or the Industrial Pollution Control (Northern Ireland) Order 1997(4); or

(b) a permit granted under—

(i) the England and Wales Regulations;

(ii) the Scotland Regulations;

(iii) the Offshore Regulations; or

(iv) the Northern Ireland Regulations.

(4) Where an application is for a greenhouse gas emissions permit to operate more than one installation the application shall contain the information required by paragraph (2) in relation to each installation.

(5) Where, before the entry into force of these Regulations, a person has made to the regulator an application which, if made after the entry into force of these Regulations would have complied with paragraph (1), it shall be deemed to be an application under paragraph (1) made on the date of entry into force of these Regulations.

(6) The regulator may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified, the application shall, if the regulator gives notice to the applicant that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.

Determination of applications and grant of greenhouse gas emissions permits

9.—(1) The regulator shall give notice of its determination of an application for a greenhouse gas emissions permit within a period of two months beginning on the date on which it received the application or within such longer period as may be agreed in writing with the applicant.

(2) For the purpose of calculating the period of two months mentioned in paragraph (1) no account shall be taken of any period beginning with the date on which notice is served on the applicant under regulation 8(6) and ending on the date on which the applicant furnishes the information specified in the notice.

(3) If a regulator fails to give notice of its determination of an application for a greenhouse gas emissions permit within the period allowed by or under paragraph (1), the application shall, if the applicant notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.

(4) Subject to paragraph (5), where an application is duly made to the regulator, the regulator shall either grant the greenhouse gas emissions permit subject to the conditions required or authorised to be imposed by regulation 10 or refuse the application.

(5) A greenhouse gas emissions permit shall not be granted if the regulator—

(a) considers that the stationary technical unit described in the application does not, or will not when it is put into operation, fall within the definition of an installation in regulation 2;

(b) considers that the applicant will not be the operator of the installation concerned after the grant of the permit; or

(c) is not satisfied that the applicant will ensure that the installation is operated so as to comply with the monitoring and reporting conditions which would be included in the permit.

(6) A greenhouse gas emissions permit may authorise the operation of more than one installation on the same site operated by the same operator but may not otherwise authorise the operation of more than one installation.

(7) A greenhouse gas emissions permit authorising the operation of an installation shall include—

(a) the name and postal address of the operator and, if different, any address to which correspondence should be sent;

(b) the postal address of the site of the installation and its national grid reference (or for offshore installations equivalent information identifying the installation and its location);

(c) a description of the site and the location of the installation on that site;

(d) a description of the installation, the Schedule 1 activities to be carried out in the installation and the specified emissions from those activities.

(8) Where—

(a) the conditions of a greenhouse gas emissions permit have been varied under regulation 13 or affected by a partial transfer, surrender or revocation under regulations 14 to 16; or

(b) there is more than one greenhouse gas emissions permit applying to installations on the same site operated by the same operator,

the regulator may replace the permit with a consolidated permit applying to the same Schedule 1 activities and subject to the same conditions as the permit being replaced.

Conditions of greenhouse gas emissions permits

10.—(1) There shall be included in a greenhouse gas emissions permit such conditions as the regulator considers appropriate and in particular such conditions as the regulator considers appropriate to comply with paragraphs (2) to (6).

(2) A greenhouse gas emissions permit shall include conditions concerning the monitoring and reporting of specified emissions from the installation to which it relates and, in particular—

(a) such conditions as the regulator considers appropriate to ensure that any specified emissions from the Schedule 1 activity to which it relates are monitored and reported, including conditions—

(i) specifying the monitoring methodology and frequency; and

(ii) requiring the operator to submit reports of the annual reportable emissions to the regulator and concerning the timing of such reports;

(b) a requirement that all reports submitted pursuant to conditions imposed under sub-paragraph (a)(ii) are verified in accordance with the criteria set out in Annex V of the Directive and that the regulator is informed of the results of any such verification; and

(c) a requirement that an operator notifies the regulator as soon as he becomes aware of any factor which might prevent him from complying with any of the conditions included in a greenhouse gas emissions permit pursuant to this paragraph.

(3) A greenhouse gas emissions permit shall contain such conditions as the regulator considers appropriate to ensure that the operator surrenders allowances equal to the annual reportable emissions from the installation within four months of the end of the scheme year during which those emissions arose.

(4) A greenhouse gas emissions permit shall provide that, where an operator fails to comply with a condition imposed pursuant to paragraph (3) in respect of a scheme year (“a non-compliance year”), for the purpose of assessing compliance with that condition in relation to the later scheme year determined in accordance with paragraph (5) the annual reportable emissions from the installation shall be deemed to be increased by an amount equal to the amount of annual reportable emissions in respect of which the operator failed to comply with that condition in the non-compliance year.

(5) For the purposes of paragraph (4), the “later scheme year” shall be the scheme year following the non-compliance year, or where the non-compliance results from an error in the report submitted by an operator under a monitoring and reporting condition, the scheme year following discovery of the error.

(6) A greenhouse gas emissions permit shall contain a condition stating that in relation to any period for which the installation is an excluded installation (the “exclusion period”)—

(a) the operator shall be deemed to be in compliance with any conditions imposed pursuant to paragraphs (2) and (3); and

(b) the operator shall be required to notify the regulator of any change in operation during the exclusion period, at least 2 months before the end of that exclusion period.

(7) Where a certificate under regulation 11(3) stating that an installation is an excluded installation is revoked in accordance with regulation 11(4) during a scheme year, the annual reportable emissions from the installation for that scheme year shall be the reportable emissions from the installation from the date that the certificate was revoked to the end of that scheme year.

(8) Regulators shall periodically review the conditions of greenhouse gas emissions permits and may do so at any time.

Excluded installations

11.—(1) Where the European Commission has provided for the temporary exclusion of an installation under Article 27(2) of the Directive, the operator of the installation may apply to the responsible authority for a certificate stating that the installation is an excluded installation.

(2) An application under paragraph (1) shall—

(a) identify the installation in question;

(b) contain the name and postal address of the operator and, if different, any address to which correspondence should be sent;

(c) contain a copy of the greenhouse gas emissions permit relating to the installation identified in sub-paragraph (a);

(d) identify the regulator which granted that permit; and

(e) identify the national policy by virtue of which the European Commission has provided for the temporary exclusion of the installation.

(3) Where an application is duly made, the responsible authority shall serve on the regulator and the operator a certificate which shall—

(a) identify the installation;

(b) identify the operator and the regulator of that installation;

(c) state the duration of the exclusion; and

(d) specify any conditions applying to the exclusion.

(4) Where an operator fails to comply with the conditions referred to in paragraph (3)(d), the responsible authority may serve a notice on the operator and the regulator revoking the certificate served under paragraph (3).

(5) Where the regulator effects a transfer or partial transfer under regulation 14 of a greenhouse gas emissions permit which relates to an excluded installation, the regulator shall notify the responsible authority of the transfer or partial transfer and provide a copy of the endorsed permit and any new permit granted which relates to that installation.

(6) Where the regulator notifies the responsible authority in accordance with paragraph (5)—

(a) in the case of a transfer of the whole greenhouse gas emissions permit, if the responsible authority is satisfied that the installation will continue to be covered by the national policy identified in the application under paragraph (1), the responsible authority shall serve a notice on the operator and regulator including a copy of the certificate served under paragraph (3) and specifying the change of operator;

(b) in the case of a partial transfer, the responsible authority shall revoke the certificate served under paragraph (3) and if the responsible authority is satisfied that any part of the installation will continue to be covered by the national policy identified in the application under paragraph (1), the responsible authority shall serve on the operator and the regulator of that part a certificate under paragraph (3) in relation to that part;

(c) in any other case, the responsible authority shall serve a notice on the operator and the regulator revoking the certificate served under paragraph (3).

(7) For the purposes of this regulation, the “responsible authority” means, subject to paragraph (8), the person who is responsible for the national policy by virtue of which the European Commission has provided for the temporary exclusion of the installation.

(8) If there is doubt as to who is responsible for a particular national policy, the Secretary of State shall decide who is to be considered to be responsible for the policy for the purposes of this regulation.

Proposed change in operation

12.—(1) Subject to paragraph (4), where an operator of an installation who holds a greenhouse gas emissions permit in respect of the Schedule 1 activities carried out in the installation proposes to make a change in operation the operator shall, at least 14 days before making the change, notify the regulator.

(2) A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in operation including a brief explanation of whether and, if so, why it—

(a) affects any information included in the greenhouse gas emissions permit pursuant to regulation 9(7)(d); or

(b) might require any monitoring and reporting condition to be amended.

(3) A regulator shall, by notice served on the operator, acknowledge receipt of any notification received under paragraph (1).

(4) Paragraph (1) shall not apply where—

(a) a change in operation is to be made more than 2 months before the end of the period for which the installation to which the change relates is an excluded installation; or

(b) the operator applies under regulation 13(2) for the variation of the conditions of his greenhouse gas emissions permit before making the proposed change in operation and the application contains a description of that change.

Variation of provisions of greenhouse gas emissions permits

13.—(1) The regulator may at any time vary any provision of a greenhouse gas emissions permit and shall do so if it appears to the regulator at that time, whether as a result of a review under regulation 10(8) or otherwise, that regulation 9(7) or 10 requires provisions to be included in the permit which are different from the subsisting provisions.

(2) An operator of an installation who holds a greenhouse gas emissions permit in respect of the Schedule 1 activity carried out in that installation may apply to the regulator for the variation of the provisions of his permit.

(3) An application under paragraph (2) shall be made in accordance with paragraph (4) and shall, except where the application relates to an offshore installation, be accompanied by any fee prescribed in respect of the application in regulation 17.

(4) An application under paragraph (2) shall contain the following information—

(a) the name of the operator, his telephone number and postal address (including post code) and, if different, the address to which correspondence should be sent;

(b) the postal address of the site of the installation to which the greenhouse gas emissions permit relates and its national grid reference (or for offshore installations, equivalent information identifying the installation and its location);

(c) if relevant, a description of the proposed change in operation requiring the variation and a statement of any change as respects the matters dealt with in regulation 8(2)(c) to (f) which would result if the proposed change in operation were made;

(d) an indication of the variations of the provisions of the greenhouse gas emissions permit which the operator wishes the regulator to make; and

(e) any additional information which the operator wishes the regulator to take into account in considering his application.

(5) The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining the application; and if the operator fails to furnish the specified information within the period specified in the notice, the application shall, if the regulator gives notice to the operator that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.

(6) Where an application is duly made to the regulator under paragraph (2), the regulator shall determine whether to vary the provisions of the greenhouse gas emissions permit and shall give notice of its determination within two months beginning with the day on which the regulator received the application or within such longer period as may be agreed in writing with the operator.

(7) For the purpose of calculating the periods mentioned in paragraph (6) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph (5) and ending on the date on which the operator furnishes the information specified in the notice.

(8) Where the regulator decides to vary the provisions of the greenhouse gas emissions permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice on the operator (a “variation notice”) specifying the variations of the provisions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.

(9) A variation notice served under paragraph (8) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, the fee prescribed in respect of the variation notice in regulation 17.

(10) Where the regulator decides on an application under paragraph (2) not to vary the provisions of the greenhouse gas emissions permit, it shall give notice of its decision to the operator.

(11) If the regulator fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraphs (6) and (7), the application shall, if the operator notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.

Transfer of greenhouse gas emissions permits

14.—(1) Where the operator of an installation wishes to transfer, in whole or in part, his greenhouse gas emissions permit to another person (“the proposed transferee”) the operator and the proposed transferee shall jointly make an application to the regulator to effect the transfer.

(2) An application under paragraph (1) shall be accompanied by the greenhouse gas emissions permit and, except where the application relates to an offshore installation, the fee prescribed in respect of the transfer in regulation 17 and shall contain the operator’s and the proposed transferee’s telephone number and postal address and, if different, any address to which correspondence relating to the application should be sent.

(3) Where the operator wishes to transfer only part of his greenhouse gas emissions permit (a “partial transfer”), an application under paragraph (1) shall—

(a) identify the Schedule 1 activity to which the transfer applies (the “transferred activity”);

(b) identify the installation in which that transferred activity is carried out (the “transferred unit”).

(4) The regulator shall effect the transfer unless the regulator considers that—

(a) the proposed transferee will not be the operator of the transferred unit after the transfer is effected; or

(b) the proposed transferee will not ensure that the installation is operated so as to comply with any monitoring and reporting condition.

(5) The regulator shall effect a transfer under this regulation by—

(a) in the case of a partial transfer—

(i) issuing a new greenhouse gas emissions permit to the proposed transferee which—

(aa) applies to the transferred activity;

(bb) identifies the transferred unit; and

(cc) includes the conditions required by paragraph (6); and

(ii) returning the original greenhouse gas emissions permit to the operator, endorsed to record the transfer and varied to—

(aa) identify the Schedule 1 activity and the specified emissions from that activity;

(bb) describe the installation after the transfer; and

(cc) specify the conditions applying after the transfer as required by paragraph (6);

(b) in the case of a transfer of the whole greenhouse gas emissions permit, causing the permit to be endorsed with the name and other particulars of the proposed transferee as the operator of the transferred unit,

and the transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and, in the case of a partial transfer, the new greenhouse gas emissions permit.

(6) In the case of a partial transfer effected under this regulation, the conditions included in the new greenhouse gas emissions permit and the original greenhouse gas emissions permit after the transfer shall be the same as the conditions included in the original permit immediately before the transfer in so far as they are relevant, respectively, to any installation to which the new permit relates or the original permit continues to relate but subject to such variations as, in the opinion of the regulator, are necessary to take account of the transfer.

(7) If within the period of two months beginning with the date on which the regulator receives an application under paragraph (1), or within such longer period as the regulator and the applicants may agree in writing, the regulator has neither effected the transfer nor given notice to the applicants that it has rejected the application, the application shall, if the applicants notify the regulator in writing that they are treating the application as having been refused, be deemed to have been refused at the end of that period or that longer period, as the case may be.

(8) The regulator may, by notice, require the operator or the proposed transferee to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining an application under this regulation.

(9) Where a notice is served on an operator or proposed transferee under paragraph (8)—

(a) for the purpose of calculating the period of two months mentioned in paragraph (7), no account shall be taken of the period beginning with the date on which the notice is served and ending on the date on which the information specified in the notice is furnished; and

(b) if the specified information is not furnished within the period specified, the application shall, if the regulator gives notice to the operator and proposed transferee that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.

Applications to surrender a greenhouse gas emissions permit

15.—(1) Where an operator has ceased carrying out the Schedule 1 activities authorised by a greenhouse gas emissions permit (in whole or in part), the operator may—

(a) if he has ceased carrying out all of the Schedule 1 activities covered by the greenhouse gas emissions permit, apply to the regulator to surrender the whole permit;

(b) in any other case, apply to the regulator to surrender the greenhouse gas emissions permit in so far as it authorises the carrying out of the particular Schedule 1 activities (“the surrender activities”) which he has ceased carrying out (a “partial surrender”).

(2) An application under paragraph (1) shall, except where the application relates to an offshore installation, be accompanied by the fee prescribed in respect of the application in regulation 17, and shall contain the following information—

(a) the operator’s telephone number and postal address and, if different, any address to which correspondence relating to the application should be sent;

(b) in the case of a partial surrender, a description of the surrender activities and a description identifying the part of the installation in which the surrender activities were carried out; and

(c) except where the application relates to an excluded installation, a report specifying the reportable emissions from the installation or, in the case of a partial surrender, the reportable emissions from the part of the installation relating to the surrender activities, from the beginning of the scheme year until the date on which the operator ceased carrying out the surrender activities, which report shall be prepared and verified in accordance with the relevant monitoring and reporting conditions.

(3) Where—

(a) the application relates to an excluded installation; or

(b) the operator has surrendered allowances equal to—

(i) the reportable emissions specified in a report referred to in paragraph (2)(c);

(ii) where an operator has failed to comply with a condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of the previous scheme year, the annual reportable emissions in respect of which the operator failed to comply with that condition in that year;

(iii) where an application to surrender is made in the scheme year following discovery of an error in the report submitted by an operator under a monitoring and reporting condition in relation to any scheme year, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with the condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of that scheme year; and

(iv) where a supplementary decision has been made under regulation 19(9), the total number of allowances which have been issued under regulation 20(3)(b) in respect of the installation which would not have been included in a decision under regulation 19(1)(b) or, if applicable, 19(1)(c) in respect of the installation if the statement referred to in regulation 19(9)(a) had not been false or misleading,

the regulator shall accept the application for surrender or partial surrender of the greenhouse gas emissions permit and give the operator notice of its determination and the greenhouse gas emissions permit shall cease to have effect or, in the case of a partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.

(4) If, in the case of a partial surrender, the regulator is of the opinion that it is necessary to vary the conditions included in the greenhouse gas emissions permit to take account of the surrender, the regulator shall specify the necessary variations in the notice of determination given under paragraph (3) and the variations specified in the notice shall take effect on the date specified in the notice.

(5) If neither of the conditions for surrender in paragraph (3) is met, the regulator shall give to the operator notice of its determination stating that the application has been refused.

(6) The regulator shall give notice of its determination of an application under this regulation within the period of three months beginning with the date on which the regulator receives the application or within such longer period as the regulator and the operator may agree in writing.

(7) If the regulator fails to give notice of its determination accepting the surrender or refusing the application within the period allowed by or under paragraph (6) the application shall, if the operator notifies the regulator that he treats the application as having been refused, be deemed to have been refused at the end of that period.

(8) The regulator may, by notice to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the regulator may require for the purpose of determining an application under this regulation.

(9) Where a notice is served on an operator under paragraph (8)—

(a) for the purpose of calculating the period of three months mentioned in paragraph (6), no account shall be taken of the period beginning with the date on which the notice is served and ending on the date on which the information specified in the notice is furnished; and

(b) if the specified information is not furnished within the period specified the application shall, if the regulator gives notice to the operator that it treats the application as having been withdrawn, be deemed to have been withdrawn at the end of that period.

Revocation of greenhouse gas emissions permits

16.—(1) The regulator may at any time revoke a greenhouse gas emissions permit, in whole or in part, by serving a notice (“a revocation notice”) on the operator.

(2) Without prejudice to the generality of paragraph (1) and subject to paragraph (3), the regulator may serve a notice under this regulation in relation to a greenhouse gas emissions permit where—

(a) the permit holder has ceased to be the operator of the installation which carries out the Schedule 1 activities covered by the permit; or

(b) Schedule 1 activities are no longer carried out in the installation.

(3) The regulator may not revoke a greenhouse gas emissions permit under paragraph (2)(b) until the end of the relevant phase referred to in regulation 18(2) if the national allocation plan for that phase provides for allowances to continue to be issued to the operator in respect of the Schedule 1 activities which were carried out in the installation.

(4) A revocation notice may—

(a) revoke a greenhouse gas emissions permit entirely; or

(b) revoke a greenhouse gas emissions permit only in so far as it authorises the carrying out of particular Schedule 1 activities.

(5) A revocation notice shall specify—

(a) in the case of a revocation mentioned in sub-paragraph (b) of paragraph (4) (a “partial revocation”), the extent to which the greenhouse gas emissions permit is being revoked; and

(b) in all cases, the date on which the revocation shall take effect, which shall be at least 28 days after the date on which the notice is served.

(6) Except where a revocation notice relates to an excluded installation, a revocation notice shall specify that the operator is required to—

(a) submit to the regulator by the date specified in the notice a report specifying the reportable emissions from the beginning of the scheme year in which the revocation notice is served until the date on which the installation to which the revocation notice relates ceased carrying out a Schedule 1 activity or the permit holder ceased being the operator of the installation and such report shall be prepared and verified in accordance with the relevant monitoring and reporting conditions; and

(b) surrender by the date specified in the notice allowances equivalent to—

(i) the reportable emissions specified in that report;

(ii) where an operator has failed to comply with a condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of the previous scheme year, the annual reportable emissions in respect of which the operator failed to comply with that condition in that year;

(iii) where an application to surrender is made in the scheme year following discovery of an error in the report submitted by an operator under a monitoring and reporting condition in relation to any scheme year, the annual reportable emissions in respect of which, as a result of that error, the operator failed to comply with a condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(3) in respect of that scheme year; and

(iv) where a supplementary decision has been made under regulation 19(9), the total number of allowances which have been issued under regulation 20(3)(b) in respect of the installation which would not have been included in a decision under regulation 19(1)(b) or, if applicable, 19(1)(c) in respect of the installation if the statement referred to in regulation 19(9)(a) had not been false or misleading.

(7) Subject to paragraph (8) and regulation 26, a greenhouse gas emissions permit shall cease to have effect, or, in the case of a partial revocation, shall cease to have effect to the extent specified in the revocation notice, from the date specified in the notice.

(8) The greenhouse gas emissions permit shall cease to have effect to authorise the carrying out of a Schedule 1 activity from the date specified in the revocation notice but any monitoring and reporting condition shall continue to have effect in so far as it is not superseded by the requirements of the notice specified pursuant to paragraph (6) until the regulator certifies that the requirements of the notice specified pursuant to paragraph (6) have been complied with.

(9) The requirements specified in a revocation notice pursuant to paragraph (6)(a) shall be treated as if they were monitoring and reporting conditions and the requirements specified in a revocation notice pursuant to paragraph (6)(b) shall be treated as if they were conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(3).

(10) A regulator which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.

Fees and charges

17.—(1) The following fees are prescribed and shall be payable to the regulator—

(a) in respect of an application for a greenhouse gas emissions permit under regulation 8(1), £530;

(b) in respect of an application for the variation of the conditions of a greenhouse gas emissions permit under regulation 13(2) (except where the regulator considers that the application relates to changes of a purely administrative nature), £240;

(c) in respect of an application under regulation 14(1) to transfer a greenhouse gas emissions permit, in whole or in part, £240;

(d) in respect of an application under regulation 15(1) to surrender a greenhouse gas emissions permit, in whole or in part, £280.

(2) Except where the regulator considers that a variation relates to changes of a purely administrative nature, where a regulator serves a variation notice under regulation 13(8) varying the conditions of a greenhouse gas emissions permit, the fee prescribed in respect of the variation shall be £240 and shall be payable by the date specified in the variation notice.

(3) Where an application relates to an offshore installation, the fee under paragraph (1) shall be payable on the date specified in a notice given by the regulator to the operator.

(1)

1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (1989 c. 40).

(2)

S.I. 1986/1032 (N.I. 6), amended by S.I. 1990/1504 (N.I. 10); there is other amending legislation but none of it is relevant.

(3)

1990 c. 43.

(4)

S.I. 1997/2777 (N.I. 18), to which there are amendments not relevant to these Regulations.