SCHEDULE 2Activity Level Changes Regulation amended

Article 6 amended (other changes in the operation of the installation)

8.—(1) Article 6 is amended as follows.

(2) In paragraph 1 for “competent authority” substitute “regulator”.

(3) In paragraph 2 for “competent authority” in each place substitute “regulator”.

(4) In paragraph 3—

(a)in the first subparagraph after “baseline data report” insert “or the new entrant data report”;

(b)in the second subparagraph for “Article 6” substitute “Article 8”.

(5) In paragraph 4—

(a)for “to that installation” substitute “in respect of the sub-installation”;

(b)for “allowances, by increasing” substitute “allowances. The regulator must calculate that adjustment by increasing”.

(6) After paragraph 4 insert—

5.  In this Article, where an application under Article 5 of the Free Allocation Regulation is made in respect of a new entrant that has not been operating for a full calendar year after the start of normal operation, a reference to the new entrant data report includes a reference to the activity level report submitted after the end of the first full calendar year of operation..