UK Statutory Instrument 2012 United Kingdom

The Greenhouse Gas Emissions Trading Scheme Regulations 2012

At a glance

Enforced by

Environment Agency

What's here

12 compliance obligations

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Operator 10
  • Applicant 1
  • Occupier 1

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Operators also bound by 730 other Acts (top 5 shown)
Applicants also bound by 294 other Acts (top 5 shown)
Occupiers also bound by 259 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

s.sch004

Content of a greenhouse gas emissions permit

  • Monitor emissions, report annually, and surrender allowances under your greenhouse gas emissions permit Operator
s.sch004

Transfer of permits

  • Submit a transfer application with required information Applicant
s.sch004

Surrender of permits

  • Comply with notice of surrender: submit report and surrender allowances Operator
s.sch004

Revocation of permits

  • Submit revocation report and surrender allowances when permit is revoked Operator
s.sch005

Content of an Article 27 installation emissions permit

  • Comply with monitoring, reporting, record-keeping and notification conditions in your emissions permit Operator
s.sch005

Emissions target: duty not to exceed

  • Keep reportable emissions within your annual target Operator
s.sch005

Emissions target: increase in the capacity of an Article 27 installation

  • Apply for increased emissions targets after a capacity increase Operator
s.sch005

Termination of an Article 27 installation emissions permit

  • Comply with full greenhouse gas emissions permit after losing Article 27 status Operator
s.sch005a

Duty to monitor emissions

  • Monitor your installation's emissions using an approved plan Operator
s.sch005a

Duty to notify if emissions exceed maximum amount during an allocation period

  • Notify the regulator if your emissions exceed the maximum amount Operator
Browse 97 other Schedules — structural / supplementary
s.sch001

Crown application

s.sch001

Entry to Crown premises

s.sch001

Service on certain Crown operators

s.sch002

In this Schedule, “ instrument ” means any notice or...

s.sch002

The provisions of this Schedule do not apply where a...

s.sch002

An instrument must be in writing.

s.sch002

An instrument may be served on or given to a...

s.sch002

In the case of a body corporate, an instrument may...

s.sch002

In the case of a partnership, an instrument may be...

s.sch002

If a person (“Q”) to be served with or given...

s.sch002

For the purposes of this Schedule, “ proper address ”...

s.sch002

For the purposes of paragraph 7, where a body corporate...

s.sch002

(1) Where for the purposes of paragraph 7 the person...

s.sch003

Applications etc.: general

s.sch003

Determination of applications

s.sch004

Applications for permits

s.sch005

Interpretation

s.sch005

Conversion of a greenhouse gas emissions permit

s.sch005

Activities during 2012: duty to notify regulator

s.sch005

Banking an overachieved emissions target

s.sch005

End of excluded installation status

s.sch005a

Interpretation

s.sch005a

The operator's preferred alternative permit

s.sch005a

Termination of Article 27a status

s.sch006

Interpretation

s.sch006

Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities

s.sch006

Recovery of allowances

s.sch006

Application

s.sch006

Application for an allocation from the new entrant reserve: new entrants

s.sch006

Application for an allocation from the new entrant reserve: significant capacity extensions

s.sch006

Notification of preliminary annual number of allowances: new entrants and significant capacity extensions

s.sch006

Calculation of final total annual amount of allowances allocated free of charge: new entrants and significant capacity extensions

s.sch006

Adjustment of allocation: significant capacity reductions

s.sch006

Adjustment of allocation to an installation: permanent cessations of regulated activities

s.sch006

Adjustment of allocation to an installation: partial cessation of regulated activities

s.sch006

Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities

s.sch006a

Application of this Schedule

s.sch006a

Notification of preliminary annual number of allowances: significant capacity reductions and partial cessation of regulated activities

s.sch006a

Calculation of final total annual amount of allowances: significant capacity reductions and partial cessation of regulated activities

s.sch006a

Recovery of allowances

s.sch006a

Interpretation

s.sch006a

Notification of end of excluded installation status: no significant capacity reduction or partial cessation

s.sch006a

Application for an allocation from the new entrant reserve: significant capacity extensions of excluded installations

s.sch006a

Notification of preliminary annual number of allowances: significant capacity extensions of excluded installations

s.sch006a

Calculation of final total annual amount of allowances allocated free of charge: significant capacity extensions of excluded installations

s.sch006a

Adjustment of allocation: significant capacity reduction of excluded installation

s.sch006a

Adjustment of allocation: permanent cessation of regulated activities at an excluded installation

s.sch006a

Adjustment of allocation to an installation: partial cessation of regulated activities of excluded installation

s.sch007

Purpose of this Schedule

s.sch007

Recovery of allowances

s.sch007

Interpretation

s.sch007

Application for a benchmarking plan

s.sch007

Issue of a benchmarking plan

s.sch007

Amendment of a benchmarking plan

s.sch007

Monitoring tonne-kilometre data

s.sch007

Reporting tonne-kilometre data

s.sch007

Submission of the report to the Secretary of State and the European Commission

s.sch007

Publication of aviation allowances

s.sch007

Force majeure

s.sch008

Purpose of this Schedule

s.sch008

Application for a benchmarking plan

s.sch008

Issue of a benchmarking plan

s.sch008

Amendment of a benchmarking plan

s.sch008

Monitoring tonne-kilometre data

s.sch008

Application for an allocation of allowances

s.sch008

Submission of an application to the Secretary of State and to the European Commission

s.sch008

Publication of aviation allowances from the special reserve

s.sch008

Maximum allocation of aviation allowances from the special reserve

s.sch009

Interpretation

s.sch009

Sale following detention of aircraft

s.sch009

Release of aircraft

s.sch009

Court procedures

s.sch009

Proceeds of sale

s.sch009

Equipment and documents

s.sch009

Assistance of aerodrome operator

s.sch009

Procedure for applying for leave to sell an aircraft

s.sch010

Application for an operating ban

s.sch010

Enforcement of an operating ban

s.sch011

(1) Any person who wishes to appeal to the Scottish...

s.sch011

In this Part— “appointed person” means a person appointed under...

s.sch011

An appointment must be in writing and—

s.sch011

Subject to the provisions of this Part, an appointed person,...

s.sch011

(1) If the appellant, the regulator or any person whose...

s.sch011

(1) Where— (a) under paragraph 11(c) the appointment of the...

s.sch011

(1) Anything done or omitted to be done by an...

s.sch011

(1) Subject to sub-paragraph (2), notice of appeal in accordance...

s.sch011

(1) The regulator must, within 16 days of receipt of...

s.sch011

(1) Before determining an appeal, the appeal body may afford...

s.sch011

(1) Where an appeal under regulation 73(1) is to be...

s.sch011

(1) The appeal body must give notice to the appellant...

s.sch011

Where an appeal is made against the refusal of an...

s.sch011

Where the appeal body's determination of an appeal is quashed...

s.sch011

In this Part— (a) “affected party” means an interested party—...

s.sch012

(1) A person who wishes to appeal to the Planning...

s.sch012

Notice of appeal in accordance with paragraph 1 is to...

s.sch012

(1) The appeals commission must determine the appeal and section...

s.sch012

An appeal under this Schedule must be accompanied by any...

s.013

Surrender of permits

  • Apply to surrender your permit within one month of ceasing operations Operator
s.080

The Union Registry

  • Enter emissions data in the Union Registry and ensure verification Occupier
Browse 105 other sections — procedural / definitional / commencement
s.001

Citation and commencement

s.001

Application

s.002

Duty to review these Regulations

s.003

Interpretation

s.004

Application to the Crown etc.

s.005

Notices etc.

s.006

Applications etc.

s.007

Functions of the regulator: Northern Ireland

s.008

Commission Regulations: designations

s.009

Requirement for permit to carry out regulated activities

s.010

Applications for and grant of permits

s.011

Review, variation and consolidation of permits

s.012

Transfer of permits

s.012

Transfer of permits: underreporting discovered after transfer

s.014

Revocation of permits

s.015

Excluded installations : Article 27 installations

s.015

Excluded installations: Article 27a installations

s.016

Allocation of allowances for 2013 to 2020

s.017

Powers of entry

s.018

Charging schemes

s.019

Charging schemes: supplementary

s.020

Interpretation

s.021

Civil Aviation Authority

s.022

UK administered operators: power to designate

s.023

Application to be designated as a UK administered operator

s.024

Transfers of operators between member States

s.025

Gibraltar operators

s.026

UK aircraft operators

s.027

Regulators: general

s.028

Regulators: assessment of emissions

s.029

Regulators: change in registered office

s.030

Allocation of aviation allowances

s.031

Interpretation

s.032

Application for an emissions plan by a UK administered operator

s.032

Application for an emissions plan by a UK administered operator: activities during 2015 to 2023

s.032

Application for an emissions plan by a UK administered operator: post-2023 activities

s.032

Application for an emissions plan by a UK administered operator: general

s.033

Requirement to notify the regulator if an emissions plan is not applied for before 1st January 2015

s.033

Requirement to notify the regulator if an emissions plan is not applied for on or after 1st January 2015

s.034

Issue of an emissions plan

s.035

Monitoring and reporting emissions

s.036

Emissions plan conditions

s.037

Variation of an emissions plan

s.038

Variation of a benchmarking plan

s.039

Detention and sale of aircraft

s.040

Aircraft operating bans

s.041

Surrender of allowances: operators of installations

s.042

Surrender of allowances: UK aircraft operators

s.042

Surrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years

s.042

Surrender of a deficit of allowances: UK administered operators

s.043

Enforcement notices

s.044

Power to determine reportable emissions

s.045

Provision of information

s.046

Disclosure of information

s.047

National security

s.048

Interpretation

s.049

Carbon Price

s.050

Penalty notices

s.051

Discretion in imposing civil penalties

s.052

Carrying out a regulated activity contrary to regulation 9

s.053

Failure to comply with a condition of a permit

s.053

Failure to transfer or surrender allowances where underreporting discovered after transfer

s.054

Failure to surrender allowances

s.055

Exceeding an emissions target for an Article 27 installation

s.056

Failure to pay a penalty for exceeding an emissions target for an Article 27 installation

s.057

Under-reporting of emissions from an Article 27 installation

s.058

Failure to notify when an Article 27 installation ceases to meet the criteria for being Article 27

s.058

Failure to notify when an excluded installation has had a significant capacity reduction or partial cessation of regulated activities

s.058

Failure to notify when the operator of an excluded installation has suspended the carrying out of regulated activities at the installation

s.058

Exceeding the maximum amount for an Article 27a installation

s.058

Carrying out regulated activity without the necessary permit

s.059

Failure to surrender a permit

s.060

Failure to submit or resubmit an application for an emissions plan

s.061

Failure to notify the regulator if an emissions plan is not applied for

s.062

Failure to comply with a condition of an emissions plan

s.063

Failure to monitor aviation emissions

s.064

Failure to report aviation emissions

s.065

Failure to provide assistance and advice

s.066

Failure to comply with a direction relating to an operating ban

s.067

Failure to return allowances

s.068

Failure to comply with an enforcement notice

s.069

Failure to comply with an information notice

s.070

Providing false or misleading information

s.071

Publication of names of persons subject to penalties under regulation 54(1)

s.072

Interpretation

s.073

Rights of appeal

s.074

Rights of appeal: registries

s.075

Appeal body

s.076

Effect of an appeal

s.077

Determination of an appeal

s.078

Procedure for appeals

s.079

Interpretation

s.081

The UK Registry

s.082

Recovery of fees

s.083

Consequences of non-payment

s.084

Guidance

s.084

Duty of Secretary of State to publish information

s.085

Revocations

s.086

Savings and transitional provisions: the 2005 Regulations

s.087

Savings and transitional provisions: the 2010 Regulations

s.087

Obligations in relation to aviation emissions arising before 2013

s.087

Obligations in relation to aviation emissions arising before 2013: deficits

s.087

Unreported emissions arising before 2013

s.088

Transitional provisions: permits

s.089

Transitional provisions: aviation emissions plans

Enforcement and responsible bodies

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Environmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …

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