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The Greenhouse Gas Emissions Trading Scheme Order 2020

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Greenhouse Gas Emissions Trading Scheme Order 2020 No. 1265

Obtaining hospital or small emitter status for 2026-2030 allocation period

This section has no associated Explanatory Memorandum

5.—(1) The operator of an installation who wishes to apply for the installation to be a hospital or small emitter for the scheme years in the 2026-2030 allocation period must submit the following to the regulator—

(a)details of the installation, including details of any permit in force;

(b)evidence that the installation meets condition A, B or C (see paragraph 6);

(c)where the operator submits evidence that the installation meets condition A, the evidence and any estimate required by paragraph 6(3);

(d)where the operator submits evidence that the installation meets condition C, any estimate required by paragraph 6(6).

(2) An application—

(a)may not be made before 1st April 2024;

(b)must be made on or before 30th June 2024.

(3) After receiving an application, the regulator must on or before 30th September 2024—

(a)make a preliminary assessment of whether or not the installation meets condition A, B or C; and

(b)send the preliminary assessment and the reasons for it to the UK ETS authority.

(4) After receiving the preliminary assessment—

(a)the UK ETS authority must make a final assessment of whether or not the installation meets condition A, B or C; and

(b)if the UK ETS authority considers that the installation meets condition A, B or C, the UK ETS authority must include the installation in a list (the “hospital and small emitter list for 2026-2030”).

(5) The UK ETS authority must publish the hospital and small emitter list for 2026-2030 on or before 30th April 2025.

(6) Evidence of an installation’s historic reportable emissions may not be taken into account for the purposes of assessing whether or not an installation meets condition B or C unless the evidence is—

(a)verified in accordance with the Verification Regulation 2018; or

(b)where relevant, set out in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii).

(7) An application may not be made under this paragraph and paragraph 3 of Schedule 8.

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