The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Transfer of permits

3.—(1) An application under regulation 12 must—

(a) contain the information mentioned in sub-paragraph (3); and

(b) identify the installations, or parts of an installation, to which the application relates (“the transferred units”) and the regulated activities authorised to be carried out at them (“the transferred activities”).

(2) In the case of a partial transfer—

(a) the application must also state—

(i) the amount of allowances that are to be transferred to the transferred units; and

(ii) the initial installed capacity of all sub-installations to which the permit relates, identifying those that correspond to the transferred units; and

(b) the application may not be granted unless the regulator is satisfied that—

(i) the amount mentioned in paragraph (a)(i) reflects the historical activity levels of the transferred units, calculated in accordance with Article 9 of the Free Allocation Decision; and

(ii) the capacities mentioned in paragraph (a)(ii) have been calculated in accordance with Article 7(3) of the Free Allocation Decision.

(3) The information referred to in sub-paragraph (1)(a) is—

(a) in relation to each applicant, as well as the address for service required under Schedule 3 any address to which correspondence relating to the application should be sent;

(b) in relation to the new operator, the information mentioned in paragraph 1(1)(a)(i) and (ii); and

(c) a monitoring plan and other information mentioned in paragraph 1(1)(f) submitted by the new operator, or a specification by that operator of the parts of the existing monitoring plan that it is proposed should be varied and any necessary corresponding updating of that information.

(4) Where the application relates to a partial transfer, a transfer of the permit is effected by the regulator giving notice—

(a) granting a permit to the new operator (“the new permit”) which—

(i) authorises the carrying out of the transferred activities;

(ii) identifies the transferred units at which they may be carried out; and

(iii) includes such other provisions as the regulator (subject to sub-paragraph (5)) considers appropriate; and

(b) making such corresponding variations to the provisions of the permit held by the current operator (“the original permit”) as the regulator (subject to sub-paragraph (5)) considers appropriate.

(5) In exercising the powers given by sub-paragraph (4)(a)(iii) and (b), the regulator must ensure that the conditions of the new permit, or the original permit as varied, are (so far as relevant) the same as the conditions that were included in the original permit, subject to such modifications as in the opinion of the regulator are necessary to take account of the transfer.

(6) For the purposes of sub-paragraph (4) the new permit, and the variations of the original permit, have effect from a date agreed with the applicants and specified in the new permit and in the original permit as so varied.

(7) Where the application does not relate to a partial transfer, the transfer of the permit is effected by the regulator giving notice varying the permit so that it includes—

(a) the name and other particulars of the new operator;

(b) the date referred to in sub-paragraph (8); and

(c) such variations to the monitoring plan as the regulator considers appropriate.

(8) From a date agreed with the applicants, the new operator is to be treated as the holder of the permit as varied under sub-paragraph (7).

(9) If the new operator already holds a permit (an “existing permit”) for an installation that is on the same site as the transferred unit the regulator may effect a transfer within sub-paragraph (7) by—

(a) giving notice of such variations to the existing permit as in the opinion of the regulator are necessary to take account of the transfer; and

(b) cancelling the permit held by the current operator.

(10) For the purposes of sub-paragraph (9)—

(a) the variations of the existing permit have effect from a date agreed with the applicants and specified in the existing permit as so varied; and

(b) the cancelled permit ceases to have effect on that date.

(11) A regulator who effects the transfer of a permit in accordance with this paragraph must notify the registry administrator of the transfer.

(12) Upon receipt of a notice under sub-paragraph (11) the registry administrator must carry out any necessary changes to the national allocation table pursuant to Article 50(1)(d) or (e) of the Registries Regulation 2011.