The Greenhouse Gas Emissions Trading Scheme Regulations 2003

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.