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PART 3U.K.Installations

Installations: requirement for permit to carry out regulated activityU.K.

26.—(1) No person may carry out a regulated activity at an installation in a scheme year unless the operator of the installation holds a greenhouse gas emissions permit or a hospital or small emitter permit for the installation that authorises the regulated activity to be carried out.

(2) Paragraph (1) does not apply to a regulated activity carried out at an installation in a scheme year for which the installation is an ultra-small emitter.

(3) Schedule 6 (which provides for applications for greenhouse gas emissions permits and generally for permits) has effect.

(4) Schedule 7 (which provides for hospitals and small emitters) has effect.

(5) Schedule 8 (which provides for ultra-small emitters) has effect.

Commencement Information

I1Art. 26 in force at 12.11.2020, see art. 2(1)

Installations: requirement to surrender allowancesU.K.

27.  Where the operator of an installation holds a greenhouse gas emissions permit, the operator must surrender allowances in accordance with the surrender condition of the permit for each scheme year (or part of a scheme year) that the permit is in force.

Commencement Information

I2Art. 27 in force at 12.11.2020, see art. 2(1)

[F1Installations: information to be submitted [F2on or before 30 June 2025] where no application for free allocation, etc. is madeU.K.

27A.(1) This article applies where the operator of an installation referred to in paragraph (2) does not make an application under [F3either of the following provisions or complete the first stage of an application under Article 4 of the Free Allocation Regulation (free allocation in 2027-2030 allocation period)]

(a)paragraph 5 of Schedule 7 (hospital or small emitter status for 2026-2030 F4... period);

(b)paragraph 3 of Schedule 8 (ultra-small emitter status for 2026-2030 F5... period);

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The installations are—

(a)an installation for which a permit is issued on or before 30th June [F72025];

(b)an installation that is an ultra-small emitter for the [F72025] scheme year;

(c)an installation for which an application for a permit has been made but not yet determined.

(3) The operator must submit the following to the regulator—

(a)details of the installation, including details of any permit in force;

(b)activity information (that is to say, the information set out in section 1.3 of Annex 4 to the Free Allocation Regulation);

(c)details of eligibility for free allocation (that is to say, the information set out in section 1.4 of Annex 4 to the Free Allocation Regulation);

(d)a statement that the operator is not applying for free allocation in the [F82027-2030] allocation period under Article 4 of the Free Allocation Regulation.

(4) The information referred to in paragraph (3) must be submitted in the period beginning on 1st April [F92025] and ending on 30th June [F92025].

(5) The regulator must send the information submitted by the operator to the UK ETS authority on or before 30th September [F102025].]

Textual Amendments

Commencement Information

I3Art. 27A in force at 31.12.2020 immediately after IP completion day, see art. 2(2)(b)