The Greenhouse Gas Emissions Trading Scheme Regulations 2003

Interpretation

2.—(1) In these Regulations—

“address” means, in relation to electronic communications, any number or address used for the purposes of such communications;

“allowance” has the meaning given to it in Article 3 of the Directive;

“appeal body” means the body to which an appeal may be made under regulations 26 or 27;

“appropriate authority” means (except where regulation 21(15) or 26(10) apply)—

(i)

in relation to an installation which is (or will be) situated in England and offshore installations, the Secretary of State;

(ii)

in relation to an installation (other than offshore installations) which is (or will be) situated in Scotland, the Scottish Ministers;

(iii)

in relation to an installation (other than offshore installations) which is (or will be) situated in Wales, the National Assembly for Wales; and

(iv)

in relation to an installation (other than offshore installations) which is (or will be) situated in Northern Ireland, the Department of the Environment;

“change in operation” means, in relation to an installation, a change in the nature, functioning or scope of the installation which—

(i)

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

(ii)

might, in the opinion of the regulator, require any monitoring and reporting condition to be amended;

“chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;

“the Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(1);

“electronic communications” has the same meaning as in the Electronic Communications Act 2000(2);

“enforcement notice” has the meaning given by regulation 23(1);

“England and Wales Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000(3);

“excluded installation” means an installation in respect of which the operator holds a valid certificate under regulation 11(3) stating that the installation is an excluded installation;

“greenhouse gas emissions” means the release of greenhouse gases into the atmosphere from sources in an installation;

“greenhouse gas emissions permit” means a permit granted under regulation 9;

“greenhouse gases” has the meaning given to it in Article 3 of the Directive;

“installation” means (except where it appears in Schedule 1)—

(i)

a stationary technical unit where one or more Schedule 1 activities are carried out; and

(ii)

any other location on the same site where any other directly associated activities are carried out which have a technical connection with the activities carried out in the stationary technical unit and which could have an effect on greenhouse gas emissions and pollution,

and references to an installation include references to part of an installation;

“monitoring and reporting condition” means a condition of a greenhouse gas emissions permit imposed pursuant to regulation 10(2) (but excluding conditions imposed pursuant to regulation 10(2)(c));

“national allocation plan” has the meaning given by regulation 18(1);

“Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003(4);

“offshore installation” means an installation which is (or will be) situated in the area (together with places above and below it) comprising—

(i)

those parts of the sea adjacent to England and Wales from the low water mark to the landward baseline of the United Kingdom territorial sea;

(ii)

the United Kingdom territorial sea apart from those areas comprised in any controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974(5); and

(iii)

those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(6);

“Offshore Regulations” means the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001(7);

“operator” means, subject to paragraph (2), in relation to an installation, the person who has control over its operation;

“Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991(8);

“regulator” means—

(i)

in relation to an installation (other than an offshore installation) which is (or will be) situated in England and Wales, the Environment Agency;

(ii)

in relation to an installation (other than an offshore installation) which is (or will be) situated in Scotland, the Scottish Environment Protection Agency;

(iii)

in relation to an installation (other than an offshore installation) which is (or will be) situated in Northern Ireland, the chief inspector; and

(iv)

in relation to an offshore installation, the Secretary of State;

“reportable emissions” means, in relation to an installation, the total specified emissions (expressed in tonnes of carbon dioxide equivalent) which arise from the Schedule 1 activities carried out in that installation; and “annual reportable emissions” means, subject to regulation 10(7), the reportable emissions arising during any scheme year;

“responsible authority” has the meaning given by regulation 11(7);

“revocation notice” has the meaning given by regulation 16(1);

“Schedule 1 activity” means an activity falling within a description in Schedule 1;

“scheme year” means a year beginning with 1st January in a phase referred to in regulation 18(2);

“specified emissions” means in relation to any Schedule 1 activity the greenhouse gas emissions specified in that Schedule in relation to that activity;

“Scotland Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2000(9);

“tonne of carbon dioxide equivalent” has the meaning given to it in Article 3 of the Directive;

“variation notice” has the meaning given by regulation 13(8).

(2) For the purposes of these Regulations—

(a) where an installation has not been put into operation, the person who will have control over the operation of the installation when it is put into operation shall be treated as the operator of the installation;

(b) where an installation has ceased to be in operation, the person who holds the greenhouse gas emissions permit which applies to the Schedule 1 activities carried out in the installation shall be treated as the operator of the installation; and

(c) where a permit holder has ceased to be the operator of an installation to which a greenhouse gas emissions permit relates references to the operator, other than in regulation 16(2)(a) or (6)(a), shall be read as references to the permit holder.

(1)

OJ No. L 275, 25.10.03, p.32.

(2)

2000 c. 7; the definition of electronic communications in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.

(3)

S.I. 2000/1973, amended by S.I. 2002/1559; there are other amending instruments by none is relevant.

(4)

S.R. (NI) 2003 No. 46, amended by S.I. 2003/496; there is another amending instrument which is not relevant.

(5)

1974 c. 40; section 30A(1) was inserted by section 169 of, and Schedule 23 to, the Water Act 1989 (c. 15).

(6)

1964 c. 29; section 1(7) was amended by the Oil and Gas (Enterprise Act) 1982 (c. 23), section 37 and Schedule 3, paragraph 1.

(7)

S.I. 2001/1091.

(8)

S.I. 1991/1220 (N.I. 11); relevant amending instruments are S.I. 1999/663, 2003/430 (N.I. 8).

(9)

S.S.I. 2000/323, relevant amending instruments are S.S.I. 2003/146, 2003/235.