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The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021

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 Auctioning Regulations 2021 No. 484

Regulation 18(5)

SCHEDULEList of the elements referred to in regulation 18(5)

1.  Proof of eligibility pursuant to regulation 16(1) or (2).

2.  The applicant’s name, address, telephone and electronic mail address.

3.  The account identifier of the applicant’s nominated holding account.

4.  Full details of the applicant’s nominated bank account.

5.  The name, address, telephone and the electronic mail address of one or more representatives of the bidder as defined in regulation 5(5).

6.  For legal persons, proof of:

(a)their incorporation stating—

(i)the legal form of the applicant;

(ii)the law by which it is governed;

(iii)whether or not the applicant is a publicly listed company of one or more recognised stock exchanges;

(b)if applicable, the registration number of the applicant in the relevant register where the applicant is registered, failing which the applicant must provide the memorandum, statutes or other document attesting to its incorporation.

7.  For legal persons or unincorporated associations or other legal arrangements, such information as is required to identify the beneficial owner and understand the ownership and control structure of the legal person or arrangement in question.

8.  For natural persons, proof of their identity, by means of an identity card, driving licence, passport or similar government issued document containing the full name, photograph, date of birth and permanent residential address in the United Kingdom of the applicant concerned, which may be supported by other appropriate corroborating documents wherever necessary.

9.  For operators, their permit (within the meaning of article 4 of the Trading Scheme Order).

10.  For aircraft operators, the emissions monitoring plan issued under article 29 of the Trading Scheme Order.

11.  Such information as is required to carry out the customer due diligence measures referred to in regulation 17(2)(e).

12.  The applicant’s latest audited annual report and accounts including the profit and loss account and balance sheet, if any; if none, a VAT return, or such further information as required to be satisfied as to the applicant’s solvency and creditworthiness.

13.  The VAT registration number, if any, and, where the applicant is not registered for VAT, any other means of identifying the applicant by HM Revenue and Customs, or such further information as required to be satisfied as to the applicant’s fiscal status within the United Kingdom.

14.  A statement that, to the best of the applicant’s knowledge, the applicant satisfies the requirements of regulation 17(2)(f).

15.  Proof of compliance with the requirements of regulation 17(2)(g).

16.  Proof that the applicant satisfies the requirements of regulation 17(3).

17.  A statement that the applicant has the necessary legal capacity and authority to bid on its own account or on behalf of others in an auction.

18.  A statement that to the best of the applicant’s knowledge there is no legal, regulatory, contractual or any other impediment preventing it from performing its obligations under these Regulations.

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