The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024

PART 1Preliminary

PART 2Greenhouse Gas Emissions Trading Scheme Order 2020 amended

4Greenhouse Gas Emissions Trading Scheme Order 2020 amended

5Article 4 amended (interpretation)

6Article 19 amended (cap for trading period)

7Article 20 amended (cap for scheme years)

8Article 22 amended (cap: base for scheme years)

9Article 23A inserted

10Article 34 amended (surrender of allowances by aircraft operators)

11Article 34G amended (new entrants’ reserve)

12Article 34N amended (aviation allocation table for 2021-2025 allocation period)

13Article 34R amended (errors in aviation allocation table)

14Heading of Chapter 1 of Part 7 amended

15Article 44A inserted

16Article 47 amended (penalty notices)

17Article 48 amended (penalty notices: supplementary)

18Article 51 amended (installations: failure to comply with conditions of permit, etc.)

19Article 52 amended (failure to surrender allowances)

20Article 53 amended (installations: failure to transfer or surrender allowances where underreporting discovered after transfer)

21Article 56 amended (hospitals and small emitters: under-reporting of emissions)

22Article 57 amended (hospitals and small emitters: failure to notify when ceasing to meet criteria)

23Article 60 amended (ultra-small emitters: failure to notify where reportable emissions exceed maximum amount)

24Article 60A inserted

25Article 65A inserted

26Article 70 amended (appeals)

27Schedule 1 amended (aviation activity)

28Schedule 2 amended (meaning of installation and regulated activity)

29Schedule 4 amended (Monitoring and Reporting Regulation 2018)

30Schedule 5 amended (Verification Regulation 2018)

31Schedule 5A amended (registry)

32Schedule 6 amended (permits)

PART 3Free Allocation Regulation amended

33Free Allocation Regulation amended

34Article 2 amended (definitions)

35Article 10 amended (division into sub-installations)

36Article 16a amended (cross sectoral correction factors)

37Article 17 amended (historical activity level for new entrants)

38Annex 7 amended (data monitoring methods)

PART 4Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 amended

39Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 amended

40Regulation 10 amended (adjustments of the auction calendar)

41Regulation 12 amended (cost containment mechanism)

Flights from Northern Ireland to Switzerland: further provision

42Flights from Northern Ireland to Switzerland: recalculation of aviation free allocation entitlement for 2025 scheme year

43Flights from Northern Ireland to Switzerland: application for aviation free allocation entitlement for 2025 scheme year

44Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022 revoked

Provision for carbon capture, transport and storage, etc. extended to Northern Ireland

45Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 amended

This draft Statutory Instrument has been laid before Parliament and published in consequence of defects in S.I. 2020/1265 and 2020/1557 and is being issued free of charge to all known recipients of those Statutory Instruments.

Draft Order in Council laid before Parliament, the Northern Ireland Assembly, the Scottish Parliament and Senedd Cymru under paragraph 11 of Schedule 3 to the Climate Change Act 2008 for approval by resolution of each House of Parliament, the Northern Ireland Assembly, the Scottish Parliament and Senedd Cymru.

2024 No. 0000

Climate Change

The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024

Made2024

Coming into force in accordance with article 2

At the Court at Buckingham Palace, the 0000 day of 0000 2024

Present,

The King’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 44, 54 and 90(3) of, and Schedule 2 and paragraph 9 of Schedule 3 to, the Climate Change Act 20081.

In accordance with paragraph 10 of Schedule 3 to that Act, before the recommendation to His Majesty in Council to make this Order was made—

(a)

the advice of the Committee on Climate Change, including on the amount of the limit referred to in section 48(2) of that Act, was obtained and taken into account; and

(b)

such persons likely to be affected by the Order as the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers considered appropriate were consulted.

In accordance with paragraph 11 of that Schedule, a draft of the instrument containing this Order was laid before Parliament, the Northern Ireland Assembly, the Scottish Parliament and Senedd Cymru and approved by resolution of each House of Parliament, the Northern Ireland Assembly, the Scottish Parliament and Senedd Cymru.

Accordingly, His Majesty, by and with the advice of His Privy Council, makes the following Order: