The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020

Citation and commencement

1.  These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 and come into force on 31st January 2020.

Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

2.  The Greenhouse Gas Emissions Trading Scheme Regulations 2012(1) are amended in accordance with regulations 3 to 9.

Amendment of regulation 3

3.—(1) Regulation 3 is amended as follows.

(2) In paragraph (1)—

(a) for the definition of “Northern Ireland Regulations”, substitute—

““Northern Ireland Regulations” means the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(2);”;

(b) in the definition of “the Verification Regulation 2018”, after “Verification Regulation” omit “2018”.

Amendment of regulation 7

4.—(1) Regulation 7 is amended as follows.

(2) In paragraph (2), after “Regulation”, for “37(1)” substitute “40(1)”.

Amendment of regulation 8

5.—(1) Regulation 8 is amended as follows.

(2) In paragraph (9), after “Verification Regulation” omit “2018”.

Amendment of Regulation 52

6.—(1) Regulation 52 is amended as follows.

(2) In paragraph (4), in the words before sub-paragraph (a), after “regulation”, for “37” substitute “40”.

Amendment of Regulation 73

7.—(1) Regulation 73 is amended as follows.

(2) In paragraph (3)(a), after “regulation”, for “37” substitute “40”.

Amendment of Schedule 1

8.—(1) Schedule 1 is amended as follows.

(2) In paragraph 2(2), in the definition of “power of entry”, after “regulation”, for “27” substitute “30”.

Amendment of Schedule 5

9.—(1) Schedule 5 is amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (2), after “regulation”, for “37” substitute “40”;

(b) in sub-paragraph (11), after “regulation”, for “37” substitute “40”.

(3) In paragraph 6(8), in the words before paragraph (a), after “regulation”, for “37” substitute “40”.

Amendment of the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019

10.  The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019(3) are amended in accordance with regulations 11 to 16.

Amendment of regulation 1

11.—(1) Regulation 1 is amended as follows.

(2) After paragraph (2), insert—

“(2A) Regulations 15(4) and 31(1) come into force on 1st February 2020.

(2B) The following regulations come into force on 1st February 2020—

(a) regulation 3(2)(a), so far as required for the purposes of sub-paragraphs (d), (e) and (f) of this paragraph;

(b) regulation 3(2)(d), so far as required for the purposes of sub-paragraphs (d), (e) and (f) of this paragraph;

(c) regulation 11(3), so far as required for the purposes of sub-paragraphs (d), (e) and (f) of this paragraph;

(d) regulation 29(5)(a), to the extent it amends paragraph 3(10) of Schedule 5 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, so far as required for the authority to be able to comply with paragraph 3(11) of that Schedule in relation to the allocation period;

(e) regulation 29(5)(b), which amends paragraph 3(1)(e) of Schedule 5 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, so far as required for the authority to be able to comply with paragraph 3(2) of that Schedule in relation to the allocation period;

(f) regulation 29(8), which amends paragraph 6 of Schedule 5 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, so far as required for the authority to be able to comply with sub-paragraph (8) of that paragraph (as amended) in relation to the allocation period.”.

(3) In paragraph (3), after “paragraph”, for “(5)” substitute “(6)”.

(4) For paragraph (5) substitute—

“(5) These Regulations will cease to have effect and are revoked at the time at which Directive 2003/87/EC(4) ceases to apply to the United Kingdom pursuant to international law.”.

Amendment of regulation 11

12.—(1) Regulation 11 is amended as follows.

(2) In paragraph (3), in the inserted paragraph (C1), for “paragraph 6A” substitute “paragraph 8(6A)”.

Amendment of regulation 22

13.—(1) Regulation 22 is amended as follows.

(2) In the inserted regulation 58ZB—

(a) in paragraph (4), in the words before sub-paragraph (a), after “regulation”, for “37” substitute “40”;

(b) in paragraph (5)(b)—

(i) after “Article 27” insert “installation emissions”;

(ii) after “under paragraph 5(3)” omit “(b)”.

Amendment of regulation 24

14.—(1) Regulation 24 is amended as follows.

(2) Omit paragraph (2).

Amendment of regulation 31

15.—(1) Regulation 31 is amended as follows.

(2) In paragraph (1), for “references to the Verification Regulation” substitute “references to “the Verification Regulation” in the Greenhouse Gas Emissions Trading Scheme Regulations 2012”.

Amendment of the Schedule

16.—(1) The Schedule is amended as follows.

(2) In paragraph 5(3) of the inserted Schedule 5A, after “received”, for “the operator’s preferred alternative permit by the date specified in paragraph 2(2)(a) or (b), as the case may be” substitute “notification of the operator’s preferred alternative permit in accordance with paragraph 3”.

(3) In paragraph 5(4) of the inserted Schedule 5A, in the words after paragraph (b), after “notice”, omit “given”.

Kwasi Kwarteng

Minister of State

Department for Business, Energy and Industrial Strategy

8th January 2020