UK Statutory Instrument SI 2012/3038 United Kingdom

The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Environment Agency
Status
In Force
Penalty ceiling
Regulated 1 of 13 obligations carry a criminal penalty. 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator10 Any Person1 Applicant1 Occupier1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.013 Surrender of permits Regulated
  • Apply to surrender your permit within one month of ceasing operationsOperator
s.056 Failure to pay a penalty for exceeding an emissions target for an Article 27 installation Regulated
  • Fail to pay penalty for exceeding emissions targetAny Person
s.080 The Union Registry Regulated
  • Enter emissions data in the Union Registry and ensure verificationOccupier
104 other provisions — procedural and definitional
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.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
Schedules

Schedules

10 of 107 shown
s.sch004 Content of a greenhouse gas emissions permit Regulated
  • Monitor emissions, report annually, and surrender allowances under your greenhouse gas emissions permitOperator
s.sch004 Transfer of permits Regulated
  • Submit a transfer application with required informationApplicant
s.sch004 Surrender of permits Regulated
  • Comply with notice of surrender: submit report and surrender allowancesOperator
s.sch004 Revocation of permits Regulated
  • Submit revocation report and surrender allowances when permit is revokedOperator
s.sch005 Content of an Article 27 installation emissions permit Regulated
  • Comply with monitoring, reporting, record-keeping and notification conditions in your emissions permitOperator
s.sch005 Emissions target: duty not to exceed Regulated
  • Keep reportable emissions within your annual targetOperator
s.sch005 Emissions target: increase in the capacity of an Article 27 installation Regulated
  • Apply for increased emissions targets after a capacity increaseOperator
s.sch005 Termination of an Article 27 installation emissions permit Regulated
  • Comply with full greenhouse gas emissions permit after losing Article 27 statusOperator
s.sch005a Duty to monitor emissions Regulated
  • Monitor your installation's emissions using an approved planOperator
s.sch005a Duty to notify if emissions exceed maximum amount during an allocation period Regulated
  • Notify the regulator if your emissions exceed the maximum amountOperator
97 other schedules
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...

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