The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Savings and transitional provisions: the 2010 RegulationsU.K.

87.—(1) Notwithstanding the revocations made by regulation 85, the following provisions of the 2010 Regulations (“the relevant provisions”) continue to have effect to the extent specified below.

[F1(1A) The relevant provisions have effect as if the 2010 Regulations were amended as follows—

(a)in regulation 4(1)—

(i)in sub-paragraph (a)(i) omit “or Wales”;

(ii)after sub-paragraph (a) insert—

“(aa)the Natural Resources Body for Wales, where the UK operator has its registered office in Wales;”;

(b)in regulation 7, for sub-paragraph (a) substitute—

“(a)the Welsh Ministers, where the regulator is the Natural Resources Body for Wales;”;

(c)in regulation 52(9)—

(i)for sub-paragraph (a) substitute—

“(a)in respect of an appeal against a notice or deemed refusal of the Environment Agency, the Secretary of State;”;

(ii)after sub-paragraph (a) insert—

“(aa)in respect of an appeal against a notice or deemed refusal of the Natural Resources Body for Wales, the Welsh Ministers;”;

(d)in regulation 60—

(i)in paragraph (5)(a) for “paragraph (5A)” substitute “paragraphs (5A) to (5C)”;

(ii)in paragraph (5)(g) after “and 9” insert “, as modified by paragraph (7A)”;

(iii)for paragraph (5A) substitute—

“(5A) In regulation 2—

(a)in the definition of “area”—

(i)in sub-paragraph (a) omit “and Wales”

(ii)after sub-paragraph (a) insert—

“(aa)in respect of the Natural Resources Body for Wales, Wales;”;

(b)in the definition of “UK operator”, after “means” insert “(subject to regulation 2A of the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010)”.”;

(iv)after paragraph (5A) insert—

“(5B) In regulation 4—

(a)in sub-paragraph (a)(i) omit “or Wales”;

(b)after sub-paragraph (a) insert—

“(aa)the Natural Resources Body for Wales, where the UK operator has its registered office in Wales;”.

(5C) In regulation 7, for sub-paragraph (a) substitute—

“(a)the Welsh Ministers, where the regulator is the Natural Resources Body for Wales;”.”;

(v)after paragraph (7) insert—

“(7A) In regulation 36(6)—

(a)for sub-paragraph (a) substitute—

“(a)in respect of an appeal against a notice or deemed refusal of the Environment Agency, the Secretary of State;”;

(b)after sub-paragraph (a) insert—

“(aa)in respect of an appeal against a notice or deemed refusal of the Natural Resources Body for Wales, the Welsh Ministers;”.”.]

(2) Part 1 has effect for the purpose of the relevant provisions.

(3) The time period in regulation 18(1) has effect in relation to a person who became an aircraft operator under the 2010 Regulations before 1st January 2013, but the application for an emissions plan must otherwise be made under regulation 32 of these Regulations.

(4) Regulations 21 and 22 have effect in relation to aviation emissions arising before 1st January 2013.

(5) [F2Subject to regulation 87AA, regulations] 26 and 27 have effect in relation to aviation emissions arising before 1st January 2013.

(6) Regulation 28 has effect in relation to the charging schemes referred to in that regulation.

(7) Regulation 29 has effect in relation to the functions referred to in that regulation.

(8) [F3[F4Subject to paragraph (8A) and to regulations 87A and 87B below], the following] have effect in relation to civil penalties arising under the 2010 Regulations—

(a)Part 8;

(b)regulation 49.

[F5(8A) Regulation 51 above applies in relation to the penalty under regulation 35 of the 2010 Regulations as it applies in relation to the penalty under regulation 64 above.]

(9) Part 11 and Schedules 3 to 5 have effect in relation to any appeal brought against any decision made or notice served under the 2010 Regulations.

(10) The following have effect in relation to decisions or functions of the regulator under the 2010 Regulations—

(a)Part 12;

(b)regulations 58 and 59.

(11) Regulations 55 to 57, and Schedule 6, have effect in relation to information provided, reports submitted, or notices served under the 2010 Regulations.

(12) Paragraph (3), and (5) to (8), of regulation 60 have effect.