- Made under
- Climate Change Act 2008
- Enforced by
- Environment Agency, OEP, OPRED, NRW, SEPA
- Status
- In Force
- Penalty ceiling
- Prosecution 14 of 141 obligations carry an unlimited fine. 17 carry different penalties and 110 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 39 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Trader — also bound by 825 other Acts
Employer — also bound by 682 other Acts
Applicant — also bound by 307 other Acts
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.
Preliminary
2 of 17 sections shownOther duties (1) — Crown / regulator
- Regulator must notify aircraft operators of changes to their monitoring bodyStatutory regulator
- Update regulator when you move your registered officeAny Person
Other duties (1) — Crown / regulator
- Regulator will change based on your aircraft operator's registered officeStatutory regulator
15 other sections in this Part — procedural and definitional
Basic elements of the UK ETS
3 of 12 sections shownOther duties (1) — Crown / regulator
- UK ETS authority must review and report on the Emissions Trading SchemeCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Government must limit the total number of carbon allowancesCrown / Minister / Government department
9 other sections in this Part — procedural and definitional
Installations
2 of 3 sections shown- Surrender emissions allowances each scheme yearAny Person
- Surrender emissions allowances for your installationOperator
- Submit activity and eligibility info if not applying for free allocationOperator
- Submit installation details to regulator by 30 June 2025Trader
1 other section in this Part — procedural and definitional
Aviation
7 of 7 sections shown- Apply for an emissions monitoring planOperator
- Apply for an emissions monitoring plan within 42 days of starting aircraft operationsAny Person
- Apply for an aircraft emissions monitoring plan and keep it up‑to‑dateAny Person
Other duties (1) — Crown / regulator
- Regulator must issue an emissions monitoring plan upon valid applicationStatutory regulator
- Resubmit emissions monitoring plan within 31 days of refusalAny Person
- Submit a revised emissions monitoring plan if your application is refusedOperator
- Apply for and comply with changes to your emissions monitoring planAny Person
- Apply to vary your aircraft emissions monitoring plan when requiredOperator
- Monitor aviation emissions according to your approved planOperator
- Monitor aviation emissions and follow your emissions monitoring planEmployer
- Report and verify your aviation emissions each scheme yearOperator
- Surrender carbon allowances equal to your annual aviation emissionsOperator
- Surrender emissions allowances to the schemeAny Person
Free Allocation
20 of 25 sections shownOther duties (1) — Crown / regulator
- UK ETS authority must compile the 2026 allocation tableCrown / Minister / Government department
Other duties (1) — Crown / regulator
- UK ETS authority must update allocation tables after specified approvalsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- UK ETS Authority must compile and maintain free allowance allocation tablesCrown / Minister / Government department
- Enter approved ETS allowances in the allocation tableTrader
Other duties (1) — Crown / regulator
- UK ETS Authority must maintain and update free emission allowance tablesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- UK ETS authority must publish and update free allocation tablesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Registry administrator must allocate emissions allowances by 28th FebruaryStatutory regulator
- Obtain approval of monitoring methodology plan to receive allowancesTrader
Other duties (1) — Crown / regulator
- Regulator may withhold carbon allowances pending plan approvalStatutory regulator
- Provide accurate free‑allocation applications and activity reportsEmployer
Other duties (1) — Crown / regulator
- Regulator must correct errors in free emission allowance allocationsStatutory regulator
- Verify eligibility for free aviation emission allowancesAny Person
- Keep records of aviation emissions for free allowance eligibilityAny Person
- Apply for free GHG emission allowances for aviationApplicant
- Submit application for aviation free allocation entitlementAny Person
Other duties (1) — Crown / regulator
- UK ETS authority must publish and update the aviation allocation tableCrown / Minister / Government department
- Maintain an aircraft operator holding account to receive allowancesAny Person
Other duties (1) — Crown / regulator
- Registry administrator must allocate aviation emissions allowancesStatutory regulator
Other duties (1) — Crown / regulator
- Regulator must update the ETS records if aviation activity stopsStatutory regulator
- Apply to transfer aviation free allocation after business reorganisationTrader
- Apply to transfer aviation free emission allowances after business changesAny Person
Other duties (1) — Crown / regulator
- Regulator must correct errors in aviation allowance allocationsStatutory regulator
- Return carbon allowances you were not entitled to receiveAny Person
- Return excess emissions allowances for your installationAny Person
- Return aviation emissions allowances if you’re no longer entitledAny Person
- Return over-allocated or unentitled aviation emission allowancesAny Person
Other duties (1) — Crown / regulator
- Registry administrator must transfer allowances from accounts upon noticeStatutory regulator
- Return carbon allowances when notified by the regulatorAny Person
- Return unauthorised emissions allowancesAny Person
Other duties (1) — Crown / regulator
- Regulator may withhold greenhouse gas emission allowancesStatutory regulator
5 other sections in this Part — procedural and definitional
Charging
2 of 4 sections shownOther duties (1) — Crown / regulator
- Regulators must publish and consult on GHG emissions charging schemesStatutory regulator
Other duties (1) — Crown / regulator
- Registry administrator must publish and consult on a charging schemeStatutory regulator
2 other sections in this Part — procedural and definitional
Monitoring compliance
1 of 6 sections shown- Fail to comply with regulator’s information or record requestAny Person
- Fail to comply with regulator’s inspection or information requirementAny Person
Unlimited fine
5 other sections in this Part — procedural and definitional
Enforcement
21 of 29 sections shown- Comply with enforcement notices from the regulator or registry administratorAny Person
- Comply with enforcement notices issued by the regulatorAny Person
- Submit and correct your emissions reportsTrader
Other duties (1) — Crown / regulator
- Regulator must determine emissions if reports are missing or inaccurateStatutory regulator
- Breach of Greenhouse Gas Emissions Trading Scheme (UK ETS) requirementsAny Person
Unlimited fine
- Carry out regulated activity without a permitAny Person
- Operate a regulated installation without an emissions permitAny Person
Unlimited fine
- Fail to comply with greenhouse gas permit conditionsAny Person
- Fail to comply with installation permit conditionsAny Person
Fine up to £45,000
- Fail to surrender greenhouse gas emissions allowancesAny Person
Unlimited fine
- Fail to transfer or surrender allowances after under‑reporting discoveredAny Person
- Fail to transfer or surrender allowances following underreportingAny Person
Unlimited fine
- Fail to pay civil penalty for emissions breachAny Person
- Fail to pay civil penalty for exceeding emissions targetAny Person
Unlimited fine
- Fail to apply to surrender an emissions permit on timeAny Person
- Fail to apply to surrender permitAny Person
Fine up to £5,000
- Fail to notify regulator when ultra-small emitter emissions exceed limitAny Person
Unlimited fine
- Fail to apply for or revise emissions monitoring planAny Person
- Fail to submit emissions monitoring plan applicationAny Person
Fine up to £45,000
- Fail to comply with condition of emissions monitoring planAny Person
- Fail to comply with emissions monitoring plan conditionAny Person
Fine up to £45,000
- Failure to monitor aviation emissionsAny Person
Fine up to £65,000
- Fail to report aviation emissionsAny Person
- Fail to submit aviation emissions report on timeAny Person
Fine up to £65,000
- Fail to comply with enforcement notice (sheep & goats)Any Person
Fine up to £65,000
- Fail to comply with an information noticeAny Person
Fine up to £50,000
- Provide false or misleading informationAny Person
- Provide false or misleading information in emissions applicationsAny Person
Fine up to £50,000
- Refuse inspectors access to business premisesAny Person
- Refuse regulator access to premisesAny Person
Fine up to £50,000
- Fail to submit information required by article 27AAny Person
- Fail to submit required information under article 27AAny Person
Fine up to £45,000
- Fail to comply with notice to return allowancesAny Person
- Failure to return emission allowances when notifiedAny Person
Unlimited fine
- Fail to comply with deficit noticeAny Person
- Fail to surrender allowances after deficit noticeAny Person
Unlimited fine
8 other sections in this Part — procedural and definitional
Appeals
0 of 6 sections shown6 other sections in this Part — procedural and definitional
Miscellaneous
2 of 7 sections shownOther duties (1) — Crown / regulator
- UK ETS authority may require regulators to provide informationCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Regulators must withhold sensitive information from public tablesStatutory regulator
5 other sections in this Part — procedural and definitional
Schedules
45 of 227 shown- Submit appeal against a regulator or registry administrator decisionAny Person
- Submit written appeal and grounds within 47 daysAny Person
- Notify regulator of monitoring plan modificationsOperator
- Use both monitoring plans in parallel and keep records of resultsOperator
- Include contact person details in annual emissions reportsOperator
- Apply for regulator approval of virtual site visit due to force majeureOperator
Other duties (1) — Crown / regulator
- Regulator must open operator holding account for new or changed permitsStatutory regulator
- Provide information to registry administrator when requested during operator holding account transferOperator
Other duties (1) — Crown / regulator
- Regulator must instruct account opening for aircraft operators with emissions monitoring plansStatutory regulator
- Appoint a primary contact and alternative primary contact for your emissions trading accountAny Person
Other duties (1) — Crown / regulator
- Registry administrator must suspend and reinstate registry access for authorised representativesStatutory regulator
Other duties (1) — Crown / regulator
- Registry administrator must notify account holders of certain representative removalsStatutory regulator
- Request reversal of allowance transfers within 14 daysAny Person
Other duties (1) — Crown / regulator
- Registry administrator must notify you if your emissions trading account is suspendedStatutory regulator
Other duties (1) — Crown / regulator
- Registry administrator must notify operator when account is closedStatutory regulator
Other duties (1) — Crown / regulator
- Close your aircraft operator holding account when you stop flyingStatutory regulator
Other duties (1) — Crown / regulator
- Registry administrator must close trading accounts upon instruction and notify account holdersStatutory regulator
- Transfer allowances from an account being closed when notifiedAny Person
Other duties (1) — Crown / regulator
- UK ETS authority must publish account holder informationStatutory regulator
Other duties (1) — Crown / regulator
- UK ETS authority must publish details of allowance transfersStatutory regulator
Other duties (1) — Crown / regulator
- UK ETS authority must set up an electronic registry systemStatutory regulator
- Transfer allowances to correct underreporting discovered after permit transferOperator
- Surrender your emissions permit when your installation stops operatingOperator
- Submit final emissions report and surrender allowances when permit revokedOperator
- Apply for a greenhouse gas emissions permit with full installation detailsOperator
- Operators must monitor, report and surrender allowances under their greenhouse gas permitOperator
- Comply with conditions of your greenhouse gas emissions permitOperator
- Apply to vary your emissions permit when requiredOperator
- Monitor reportable emissions and submit verified reports under hospital/small emitter permitsOperator
- Comply with conditions of your hospital or small emitter permitOperator
- Do not exceed your emissions target as a hospital or small emitterOperator
- Apply to increase emissions targets after a capacity increaseOperator
- Submit application to increase emissions targets with required evidenceOperator
- Calculate net change in installed capacity since the reference dateOperator
- Calculate combined capacity utilisation factor for capacity increasesApplicant
- Comply with full greenhouse gas emissions permit and apply to vary monitoring plan upon receiving a conversion noticeOperator
Other duties (1) — Crown / regulator
- Regulator must notify operators of end of hospital/small emitter status by 31 Oct 2025Statutory regulator
- Apply for hospital or small emitter status for 2026-2030Operator
- Apply for hospital or small emitter status for 2026-2030Operator
- Monitor reportable emissions if your installation is an ultra-small emitterOperator
- Notify regulator if emissions exceed maximum amount for ultra-small emitterOperator
Other duties (1) — Crown / regulator
- Regulator must notify you if your emissions exceed the ultra-small emitter limitStatutory regulator
Other duties (1) — Crown / regulator
- Regulator must notify operator of end of ultra-small emitter statusStatutory regulator
- Submit monitoring methodology plan and sub-installation report for free allocationOperator
Other duties (1) — Crown / regulator
- Scottish Land Court must notify parties before deciding appeal without hearingTribunal / Court
- Notify interested parties and the Scottish Land Court of an emissions trading scheme appealAny Person
182 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Environmental compliance for manufacturers
A comprehensive introduction to environmental compliance for manufacturing businesses. Covers permits, air emissions, water discharge, waste management, and packaging obligations.
Start a renewable energy business
Launch a renewable energy generation business (solar, wind, hydrogen, battery storage)
Comply with UK Emissions Trading Scheme
How to meet your annual UK ETS compliance obligations if you operate a regulated installation, run aviation operations, or will be covered …
5 more guides that reference this instrument
Connected legislation
The wider family of instruments made under the same parent Act.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.