The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2013

PART 2 ALLOCATIONS

Determination of periods

3.—(1) In each year, the periods named in the first column of the following table are as set out in the second column.

Column 1	Column 2
The forecast application period	begins on 1st April and ends on 30th April.
The forecast payment period	begins on 1st June and ends on 20th June.
The forecast allocation period	begins on 1st June and ends on 15th July.
The compliance application period	begins on 1st June and ends on 31st July.
The compliance payment period	begins on 1st September and ends on 19th September.
The compliance allocation period	begins on 1st September and ends on 15th October.

(2) Where a period referred to in the second column begins on a day which is not a working day, the period is to begin on the next working day.

(3) Where a period referred to in the second column ends on a day which is not a working day, the period is to end on the previous working day.

Conduct of allocations

4.—(1) The Environment Agency(1) must conduct allocations of allowances in return for payment to the Secretary of State.

(2) The Environment Agency—

(a) may only conduct standard allocations during an allocation period; and

(b) may conduct special allocations at any time.

Requests for allocation of allowances

5.—(1) An account holder of a compliance account wishing to be allocated allowances must submit a request to the Environment Agency.

(2) An account holder may only make a request to be allocated allowances—

(a) during an application period; or

(b) where the request is for a special allocation.

(3) A request for allowances to be allocated must specify—

(a) the number of allowances that the account holder wishes to acquire;

(b) the name of the account holder making the request;

(c) the registry account to which the allowances allocated are to be issued; and

(d) whether the request relates to a standard allocation or a special allocation.

(4) Unless otherwise agreed by the Environment Agency, the request must be made using such facilities as are provided by the Registry.

(5) An account holder may make multiple requests in respect of each application period.

Allocations

6.—(1) On receipt by the Secretary of State of payment for allowances in accordance with regulation 7, the Environment Agency must, as soon as reasonably practicable, issue the requested number of allowances to the account holder’s compliance account.

(2) Where payment is not received in full the Environment Agency must allocate allowances up to the value for which payment has been received.

Payment for allowances

7.—(1) The amount required to be paid for each allowance at a standard allocation requested—

(a) in a forecast application period is £15.60;

(b) in a compliance application period is £16.40.

(2) The amount required to be paid for each allowance at a special allocation is £16.40.

(3) Payment for standard allocations requested in a forecast application period must be made during the forecast payment period in that year.

(4) Payment for standard allocations requested in a compliance application period must be made during the compliance payment period in that year.

(5) Unless otherwise agreed with the Environment Agency, payment for allocations requested for a special allocation must be made—

(a) no later than the date specified in the enforcement notice or within 5 working days of the effective date of a notice of a civil penalty; or

(b) where the relevant notice is appealed, no later than the end of the fifth working day following the day on which the appeal is finally determined.

(6) Where payment is received after the time required under paragraphs (3), (4) or (5), or where a balance is remaining after allowances have been allocated under regulation 6(2), the Secretary of State must, on request from the account holder making the payment repay the payment or balance to the account holder making the request as soon as reasonably practicable.

(7) When making a repayment in accordance with paragraph (6), the Secretary of State may deduct any costs reasonably incurred in doing so.

(1)

established under section 1(1) of the Environment Act 1995 (c.25).