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The Greenhouse Gas Emissions Trading Scheme Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3038
- PART 2
- CHAPTER 2
- Regulation 15
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The Greenhouse Gas Emissions Trading Scheme Regulations 2012, Section 15 is up to date with all changes known to be in force on or before 04 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Excluded installations [F1: Article 27 installations] U.K.
This section has no associated Explanatory Memorandum
15.—[F2(A1) An installation is an Article 27 installation for the duration of a particular allocation period if, in relation to that period, it is deemed to be approved by the European Commission under the first subparagraph of Article 27(2) of the Directive, unless a notice has been given to the operator under paragraph 8(1) or (4) of Schedule 5 (in which case the installation ceases to be an Article 27 installation as from the date specified in the notice).
(B1) An installation's status as an Article 27 installation expires at the end of the particular allocation period in relation to which it has been excluded.
(C1) Where an installation ceases to be an Article 27 installation at the end of the first allocation period in accordance with paragraph (B1) and approval is not deemed in accordance with paragraph (A1) in respect of the second allocation period, paragraph 8(6A) of Schedule 5 applies.]
(1) Schedule 5 makes further provision about [F3Article 27] installations.
(2) Subject to paragraphs (3) and (4), and unless a contrary intention appears, these Regulations apply to an [F4Article 27] installation as they apply to an installation that is not an excluded installation.
[F5(3) The following provisions do not so apply—
(a)regulation 12(2); F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4) The following provisions so apply—
(a)paragraph 4 of Schedule 4, but as if—
(i)any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the [F7Article 27] installation emissions permit; and
(ii)sub-paragraph (1)(c) and sub-paragraphs (2)(b)(ii), (3), (4) and (6) to (8) were omitted;
(b)paragraph 5 of Schedule 4, but as if—
(i)any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the [F8Article 27] installation emissions permit; and
(ii)sub-paragraph (1)(c) and sub-paragraphs (3)(b)(ii), (4), (5) and (7) to (9) were omitted.
Textual Amendments
F1Words in reg. 15 heading inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 11(2) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F2Regs. 15(A1)-(C1) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 11(3) (as amended by S.I. 2020/18, regs. 1, 11(2)(4), 12(2) and S.I. 2020/1369, regs. 1(2), 44(a))
F3Words in reg. 15(1) substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 11(4) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F4Words in reg. 15(2) substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 11(4) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F5Reg. 15(3) substituted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 4
F6Reg. 15(3)(b) and word omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 10(a) (with reg. 46)
F7Words in reg. 15(4)(a)(i) substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 11(4) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F8Words in reg. 15(4)(b)(i) substituted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 11(4) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
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