The CRC Energy Efficiency Scheme Order 2010

Joining of a participant or significant group undertaking with a non-participant

10.—(1) Sub-paragraphs (2) and (3) apply where the following change occurs—

(a) a participant or significant group undertaking (“C”) of a participant becomes a member of a group (“D”); and

(b) D is not a participant.

(2) Subject to sub-paragraph (6), in respect of the change—

(a) D must apply for registration as a participant in accordance with article 11;

(b) where C is a participant, C must notify the administrator of the change and when it occurred;

(c) where C is a significant group undertaking as a member of a participant, that participant must notify the administrator of the change and when it occurred;

(d) where the change occurs in a footprint year, D must comply with Part 4 of this Order but only in respect of those supplies of electricity, gas or fuel which relate to C and as if C was part of D for the whole of the year in which the change occurs;

(e) C is a significant group undertaking as a member of D for the phase and as if C was a member of D for the whole of the year in which the change occurs;

(f) subject to the registration of D, and where C is a participant, the administrator must cancel the registration of C for the remainder of the phase.

(3) Subject to sub-paragraph (6), where the change occurs in an annual reporting year—

(a) D must provide an annual report in respect of the year but only in respect of those emissions which relate to C and as if C was a member of D for the whole of the year;

(b) where C is a participant and C had a residual measurement list before the change occurred, D must compile such a list from the residual supplies of C.

(4) Subject to sub-paragraph (6), sub-paragraph (5) applies where—

(a) the change occurs in an annual reporting year; and

(b) C is a significant group undertaking of a participant and that participant has a residual measurement list (“list A”) which includes residual supplies of C.

(5) Where this sub-paragraph applies—

(a) list A must be amended to exclude the residual supplies of C;

(b) D must compile a residual measurement list from the residual supplies of C in list A.

(6) Where C is a significant group undertaking of a participant and that participant has a member CCA exemption in respect of C—

(a) sub-paragraph (2) applies except paragraphs (b) and (d);

(b) sub-paragraphs (3) to (5) do not apply to D;

(c) where D is—

(i) a group of undertakings, D has a group CCA exemption;

(ii) not such a group, D has a general CCA exemption;

and

(d) subject to article 38, D is exempt from Parts 4 to 7 of this Order for the phase where the applicable exemption applies to D.