SCHEDULE 6Changes to participants

PART 3Undertakings

SECTION 2Footprint years and annual reporting years

Joining of a participant as a member of another participant11

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.