SCHEDULE 6 Changes to participants

PART 3 Undertakings

SECTION 2 Footprint years and annual reporting years

11 Joining of a participant as a member of another participant
(1) Sub-paragraphs (2) to (4) apply where the following change occurs—
(a) a participant (“E”) becomes a member of a group (“F”); and
(b) F is a participant.
(2) In respect of the change—
(a) E and F must notify the administrator of the change and when it occurred; and
(b) in the notification by F, F must inform the administrator whether or not F requests that E continues as a separate participant.
(3) Where—
(a) F requests that E continues as a separate participant; and
(b) the administrator agrees and so notifies E and F,
E and F continue as separate participants.
(4) Where E and F do not continue as separate participants—
(a) E is a significant group undertaking as a member of F for the phase and as if E was a member of F for the whole of the year in which the change occurs;
(b) subject to the administrator being satisfied that E and F are complying with this Order, the administrator must cancel the registration of E for the remainder of the phase.
(5) Subject to sub-paragraph (7), sub-paragraph (6) applies where the change occurs in an annual reporting year and E and F do not continue as separate participants.
(6) Where this sub-paragraph applies and—
(a) where—
(i) F did not have a residual measurement list; and
(ii) E did have a residual measurement list,
E’s residual measurement list becomes F’s list;
(b) where E and F each had a residual measurement list before the change occurred, F must amend its list to include the residual supplies from E’s list.
(7) Where E and F do not continue as separate participants and E had a general or group CCA exemption—
(a) F has a member CCA exemption in respect of E; and
(b) sub-paragraph (6) does not apply.