12.—(1) Where the operator of an installation fails to apply to surrender the installation's permit under paragraph 11(1) on or before the date referred to in that sub-paragraph, the regulator must revoke the permit as soon as reasonably practicable after that date.
(2) Where a permit authorises a regulated activity to be carried out at an installation that is included in the ultra-small emitter list for 2026-2030, the regulator must revoke the permit so that it ceases to be in force at the end of 31st December 2025.
(3) The regulator may revoke a permit if—
(a)the operator fails to comply with—
(i)a requirement imposed on the operator by or under—
(aa)this Order;
(bb)the Monitoring and Reporting Regulation 2018;
(cc)the Verification Regulation 2018;
[F1(dd)the Free Allocation Regulation;
(ee)the Activity Level Changes Regulation.]
(ii)a condition of the permit; or
(b)the operator of an installation fails to pay the charge for maintaining the permit in force M1.
(4) A permit is revoked by giving a notice (a “revocation notice”) to the operator.
(5) The revocation notice must—
(a)set out a date (the “end date”) on which the revocation of the permit takes effect;
(b)require the operator to—
(i)submit to the regulator on or before a date set out in the notice a report of the installation's reportable emissions in the period beginning on 1st January in the scheme year (the “end year”) in which the end date falls and ending on the end date;
(ii)ensure that the report is prepared and verified in accordance with the monitoring and reporting conditions of the permit;
[F2(iii)where the permit is a greenhouse gas emissions permit, on or before a date set out in the notice (which must not be before 30th April in the end year), surrender allowances equal to the sum of—
(aa)the installation’s reportable emissions in the period referred to in sub-paragraph (i); and
(bb)if, in relation to reportable emissions before that period, the operator fails to comply with the surrender condition of the permit, the number of allowances in respect of which the operator fails to comply.]
(6) The operator must comply with the requirements of the revocation notice.
(7) Where a revocation notice is given—
(a)the permit ceases to be in force on the end date (and therefore ceases to authorise a regulated activity to be carried out at the installation from that date); but
(b)the conditions of the permit continue to have effect as if the permit were in force until the regulator certifies that the conditions of the permit and the requirements of the revocation notice have been complied with [F3or that there is no reasonable prospect of their being complied with].
(8) The reference in sub-paragraph (7)(b) to the conditions of the permit that continue to have effect includes a reference to conditions relating to reportable emissions [F4, or reports on activity levels,] before the end year that the operator is required to comply with on or before a date that may fall after the end date (for example, in the case of a greenhouse gas emissions permit, the [F5conditions referred to in paragraph 4(2)(b) and (6)(b)] and the surrender condition or, in the case of a hospital or small emitter permit, the condition referred to in paragraph 11(2)(b) of Schedule 7).
[F6(8A) Despite sub-paragraphs (7)(b) and (8), the condition referred to in paragraph 4(6)(b) does not have effect to require the operator to prepare a report on the installation’s activity levels in the scheme year before the first non-entitled scheme year (as defined in Article 26(2) of the Free Allocation Regulation).]
(9) A regulator who gives a revocation notice may, by notice to the operator, withdraw the revocation notice at any time before the end date.
Textual Amendments
F1Sch. 6 para. 12(3)(a)(i)(dd)(ee) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(8)(a)
F2Sch. 6 para. 12(5)(b)(iii) substituted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 13(3)
F3Words in Sch. 6 para. 12(7)(b) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 38(8)(b)
F4Words in Sch. 6 para. 12(8) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(4)(a)(i)
F5Words in Sch. 6 para. 12(8) substituted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(4)(a)(ii)
F6Sch. 6 para. 12(8A) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 16(4)(b)
Commencement Information
I1Sch. 6 para. 12 in force at 12.11.2020, see art. 2(1)
Marginal Citations
M1Paragraph 23(4) of Schedule 7 provides for the regulator to give a conversion notice in respect of the hospital or small emitter permit instead of revoking the permit.