UK Statutory Instrument 2020 United Kingdom

The Greenhouse Gas Emissions Trading Scheme Order 2020

At a glance

Enforced by

Environment Agency, OEP, OPRED, NRW, SEPA

What's here

99 compliance obligations, 6 practical guides · 2 journeys

Penalty landscape

12 of 99 obligations carry an unlimited fine. 21 carry different penalties and 66 have no criminal penalty — flagged in the list below.

Who this Act binds

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

  • Any Person 61
  • Operator 7
  • Trader 6
  • Employer 2
  • Applicant 1

Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Direct — cites this Act

1 guides

Mentioned in related content

1 guides

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.

Any Person also bound by 749 other Acts (top 5 shown)
Operators also bound by 125 other Acts (top 5 shown)
Traders also bound by 219 other Acts (top 5 shown)
Employers also bound by 171 other Acts (top 5 shown)
Applicants also bound by 146 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.

Part 1 — Preliminary

s.013

Aircraft operator: change in registered office

  • Update regulator when you move your registered office Any Person
Other duties (1) — Crown / regulator
  • Regulator will change based on your aircraft operator's registered office Statutory regulator
Browse 9 other sections in this Part — procedural / definitional / commencement
s.meaning of fa installation, etc.

Meaning of FA installation, etc.

s.meaning of registry administrator

Meaning of registry administrator

Part 2 — Basic elements of the UK ETS

s.017

Review of UK ETS

Other duties (1) — Crown / regulator
  • UK ETS authority must review and report on the Emissions Trading Scheme Crown / Minister / Government department
s.019

Cap for trading period

Other duties (1) — Crown / regulator
  • Government must limit the total number of carbon allowances Crown / Minister / Government department
Browse 9 other sections in this Part — procedural / definitional / commencement

Part 3 — Installations

s.installations: information to be submitted on or b

Installations: information to be submitted on or before 30 June 2025 where no application for free allocation, etc. is made

  • Submit activity and eligibility info if not applying for free allocation Operator
  • Submit installation details to regulator by 30 June 2025 Trader
Browse 1 other section in this Part — procedural / definitional / commencement

Part 4 — Aviation

s.029

Issue of emissions monitoring plans

  • Apply for an aircraft emissions monitoring plan and keep it up‑to‑date Any Person
Other duties (1) — Crown / regulator
  • Regulator must issue an emissions monitoring plan upon valid application Statutory regulator
s.031

Variation of emissions monitoring plans

  • Apply for and comply with changes to your emissions monitoring plan Any Person
  • Apply to vary your aircraft emissions monitoring plan when required Operator
Browse 1 other section in this Part — procedural / definitional / commencement

Part 4A — Free Allocation

s.allocation of allowances

Allocation of allowances

Other duties (1) — Crown / regulator
  • Registry administrator must allocate emissions allowances by 28th February Statutory regulator
s.allocation tables for 2021-2025 and 2027-2030 allo

Allocation tables for 2021-2025 and 2027-2030 allocation periods

Other duties (1) — Crown / regulator
  • UK ETS Authority must compile and maintain free allowance allocation tables Crown / Minister / Government department
s.allocation tables: publication, etc.

Allocation tables: publication, etc.

Other duties (1) — Crown / regulator
  • UK ETS authority must publish and update free allocation tables Crown / Minister / Government department
s.allocation tables: supplementary

Allocation tables: supplementary

  • Enter approved ETS allowances in the allocation table Trader
Other duties (1) — Crown / regulator
  • UK ETS Authority must maintain and update free emission allowance tables Crown / Minister / Government department
s.application for aviation free allocation entitleme

Application for aviation free allocation entitlement

  • Apply for free GHG emission allowances for aviation Applicant
  • Submit application for aviation free allocation entitlement Any Person
s.aviation: allocation of allowances for 2021-2025 a

Aviation: allocation of allowances for 2021-2025 allocation period

  • Maintain an aircraft operator holding account to receive allowances Any Person
Other duties (1) — Crown / regulator
  • Registry administrator must allocate aviation emissions allowances Statutory regulator
s.aviation allocation table for 2021-2025 allocation

Aviation allocation table for 2021-2025 allocation period

Other duties (1) — Crown / regulator
  • UK ETS authority must publish and update the aviation allocation table Crown / Minister / Government department
s.aviation: entitlement to free allocation in 2021-2

Aviation: entitlement to free allocation in 2021-2025 allocation period

  • Verify eligibility for free aviation emission allowances Any Person
  • Keep records of aviation emissions for free allowance eligibility Any Person
s.errors in aviation allocation table

Errors in aviation allocation table

Other duties (1) — Crown / regulator
  • Regulator must correct errors in aviation allowance allocations Statutory regulator
s.installations: errors in applications for free all

Installations: errors in applications for free allocation, etc.

  • Provide accurate free‑allocation applications and activity reports Employer
Other duties (1) — Crown / regulator
  • Regulator must correct errors in free emission allowance allocations Statutory regulator
s.no allocation unless monitoring methodology plan a

No allocation unless monitoring methodology plan approved

  • Obtain approval of monitoring methodology plan to receive allowances Trader
Other duties (1) — Crown / regulator
  • Regulator may withhold carbon allowances pending plan approval Statutory regulator
s.notice to withhold allowances

Notice to withhold allowances

Other duties (1) — Crown / regulator
  • Regulator may withhold greenhouse gas emission allowances Statutory regulator
s.permanent cessation of aviation activity

Permanent cessation of aviation activity

Other duties (1) — Crown / regulator
  • Regulator must update the ETS records if aviation activity stops Statutory regulator
s.return of allowances: aviation

Return of allowances: aviation

  • Return aviation emissions allowances if you’re no longer entitled Any Person
  • Return over-allocated or unentitled aviation emission allowances Any Person
s.return of allowances: installations

Return of allowances: installations

  • Return carbon allowances you were not entitled to receive Any Person
  • Return excess emissions allowances for your installation Any Person
s.return of allowances: notice to operator, etc.

Return of allowances: notice to operator, etc.

  • Return carbon allowances when notified by the regulator Any Person
  • Return unauthorised emissions allowances Any Person
s.return of allowances: notice to registry administr

Return of allowances: notice to registry administrator

Other duties (1) — Crown / regulator
  • Registry administrator must transfer allowances from accounts upon notice Statutory regulator
s.transfers of aviation free allocation entitlement

Transfers of aviation free allocation entitlement

  • Apply to transfer aviation free allocation after business reorganisation Trader
  • Apply to transfer aviation free emission allowances after business changes Any Person
Browse 7 other sections in this Part — procedural / definitional / commencement
s.allocation table for 2026 allocation period

Allocation table for 2026 allocation period

s.allocation tables: updates

Allocation tables: updates

s.free allocation for former hospital or small emitt

Free allocation for former hospital or small emitters and ultra-small emitters

s.interpretation

Interpretation

s.meaning of historical aviation activity level and

Meaning of historical aviation activity level and attributable

s.new entrants' reserve

New entrants' reserve

s.processing of applications and calculation of avia

Processing of applications and calculation of aviation free allocation entitlement

Part 5 — Charging

s.036

Charging scheme: regulators

Other duties (1) — Crown / regulator
  • Regulators must publish and consult on GHG emissions charging schemes Statutory regulator
s.charging scheme: registry administrator

Charging scheme: registry administrator

Other duties (1) — Crown / regulator
  • Registry administrator must publish and consult on a charging scheme Statutory regulator
Browse 2 other sections in this Part — procedural / definitional / commencement

Part 6 — Monitoring compliance

s.040

Powers of entry, etc.

Unlimited fine
  • Fail to comply with regulator’s information or record request Any Person
  • Fail to comply with regulator’s inspection or information requirement Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement

Part 7 — Enforcement

s.044

Enforcement notices

  • Comply with enforcement notices from the regulator or registry administrator Any Person
  • Comply with enforcement notices issued by the regulator Any Person
s.047

Penalty notices

Unlimited fine
  • Breach of Greenhouse Gas Emissions Trading Scheme (UK ETS) requirements Any Person
s.064

Aviation: failure to report aviation emissions

Fine up to £65,000
  • Fail to report aviation emissions Any Person
  • Fail to submit aviation emissions report Any Person
  • Fail to submit aviation emissions report on time Any Person
s.065

Failure to comply with enforcement notice ......

Fine up to £65,000
  • Fail to comply with an enforcement notice Any Person
  • Fail to comply with enforcement notice Any Person
  • Fail to comply with enforcement notice (sheep & goats) Any Person
s.failure to comply with deficit notice

Failure to comply with deficit notice

Unlimited fine
  • Fail to comply with deficit notice Any Person
  • Fail to surrender allowances after deficit notice Any Person
s.failure to comply with notice to return allowances

Failure to comply with notice to return allowances

Unlimited fine
  • Fail to comply with notice to return allowances Any Person
  • Failure to return emission allowances when notified Any Person
s.installations: failure to submit information under

Installations: failure to submit information under article 27A

Fine up to £45,000
  • Fail to submit information required by article 27A Any Person
  • Fail to submit required information under article 27A Any Person
Browse 9 other sections in this Part — procedural / definitional / commencement

Part 8 — Appeals

Browse 6 other sections in this Part — procedural / definitional / commencement

Part 9 — Miscellaneous

s.national authority may require regulator, etc. to

National authority may require regulator, etc. to provide information

Other duties (1) — Crown / regulator
  • UK ETS authority may require regulators to provide information Crown / Minister / Government department
s.national security

National security

Other duties (1) — Crown / regulator
  • Regulators must withhold sensitive information from public tables Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
s.power to publish uk ets information

Power to publish UK ETS information

s.restriction on disclosing information

Restriction on disclosing information

Schedules

Browse 7 other Schedules — structural / supplementary
s.sch005a

Registry

s.sch008a

Free allocation for former hospital or small emitters and ultra-small emitters

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

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

OEP

Office for Environmental Protection

Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …

Offshore Petroleum Regulator for Environment and Decommissioning

Regulates environmental aspects of offshore oil and gas, carbon storage, and gas unloading/storage. Issues environmental permits, approves oil spill response plans, and …

NRW

Natural Resources Wales

Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …

Scottish Environment Protection Agency

Scotland's principal environmental regulator. Protects and improves Scotland's environment. Issues environmental permits for waste, emissions, water abstraction, and radioactive substances. Enforces environmental …

parent Act

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

Made under

Climate Change Act 2008 2008 Primary Act

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