The Greenhouse Gas Emissions Trading Scheme Regulations 2003

National Allocation Plans

18.—(1) In respect of each period specified in paragraph (2), the Secretary of State shall develop a plan in accordance with Articles 9(1) and 10 and Annex III of the Directive (a “national allocation plan”).

(2) The periods in respect of which national allocation plans shall be developed shall be—

(a) the three year period beginning on 1st January 2005 (“the first phase”); and

(b) the five year period beginning on 1st January 2008 and each subsequent five year period (“the second and subsequent phases”).

(3) The Secretary of State shall send to the Scottish Ministers, the National Assembly for Wales and the Department of the Environment—

(a) a copy of the national allocation plan developed under paragraph (1) for the first phase prior to 31st March 2004;

(b) a copy of the national allocation plan developed under paragraph (1) for the second and subsequent phases, at least 18 months before the beginning of the relevant phase;

(c) information on whether the European Commission has accepted or rejected a national allocation plan or any aspect of a plan as soon as practicable after being advised of such acceptance or rejection; and

(d) any amendment to the national allocation plan proposed by the Secretary of State as soon as practicable after its communication to the European Commission.

(4) The Secretary of State shall publish in England—

(a) the national allocation plan developed for the first phase by 31st March 2004; and

(b) the national allocation plans developed for the second and subsequent phases, at least 18 months before the beginning of the relevant phase.

(5) The Secretary of State shall publish in England information on whether the European Commission has accepted or rejected a national allocation plan or any aspect of a plan as soon as practicable after being advised of such acceptance or rejection.

(6) Where the European Commission rejects a national allocation plan under Article 9(3) of the Directive and the Secretary of State proposes an amendment to the plan, the Secretary of State shall publish in England the amendment as soon as practicable after its communication to the European Commission.

(7) The Scottish Ministers shall publish in Scotland any plan, information or amendment sent to them by the Secretary of State under paragraph (3) as soon as practicable after it is received.

(8) The National Assembly for Wales shall publish in Wales any plan, information or amendment sent to it by the Secretary of State under paragraph (3) as soon as practicable after it is received.

(9) The Department of the Environment shall publish in Northern Ireland any plan, information or amendment sent to it by the Secretary of State under paragraph (3) as soon as practicable after it is received.

(10) Subject to paragraphs (11), (12) and (13), the power under paragraph (1) is exercisable—

(a) in so far as it relates to installations situated in Scotland (other than offshore installations), only with the agreement of the Scottish Ministers; and

(b) in so far as it relates to installations situated in Wales (other than offshore installations), only with the agreement of the National Assembly for Wales; and

(c) in so far as it relates to installations situated in Northern Ireland (other than offshore installations), only with the agreement of the Department of the Environment.

(11) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Scotland where—

(a) no agreement has been reached with the Scottish Ministers;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves notice on the Scottish Ministers stating that she has decided to exercise the power under paragraph (1) in relation to Scotland for the phase specified in the notice.

(12) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Wales where—

(a) no agreement has been reached with the National Assembly for Wales;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves notice on the National Assembly for Wales stating that she has decided to exercise the power under paragraph (1) in relation to Wales for the phase specified in the notice.

(13) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Northern Ireland where—

(a) no agreement has been reached with the Department of the Environment;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves notice on the Department of the Environment stating that she has decided to exercise the power under paragraph (1) in relation to Northern Ireland for the phase specified in the notice.