- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
4. After regulation 7 (Requirement for greenhouse gas emissions permit to carry out Schedule 1 activities) insert—
7A.—(1) A person who wishes to carry out a Phase 3 activity may make an application for a greenhouse gas emissions permit (and such a permit may accordingly authorise the carrying out of a Phase 3 as well as a Schedule 1 activity).
(2) For the purposes of this regulation—
(a)“Phase 3 activity” means an activity falling within Annex 1, as carried out on or after 1st January 2013, other than—
(i)a Schedule 1 activity, or
(ii)an aviation activity; and
(b)“Annex 1” means Annex 1 to the Directive, as substituted by Directive 2009/29/EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community(1).
(3) The provisions mentioned in paragraph (4) apply as if any reference to a Schedule 1 activity included a reference to a Phase 3 activity.
(4) The provisions are—
(a)regulations 8 to 10, 12, 14 and 15 (other than 15(2)); and
(b)in regulation 2, the definitions of “installation”, “reportable emissions” and “specified emissions” in so far as they have effect for the purposes of the interpretation of those provisions (or of definitions of expressions used in them).
(5) For the purposes mentioned in paragraph (4)(b), in relation to greenhouse gas emissions from a Phase 3 activity, the reference in the definition of “specified emissions” to emissions specified in Schedule 1 is to be read as a reference to emissions specified in Annex 1.
(6) Regulations 15(2) and 16 do not apply to a permit that authorises the carrying out of a Phase 3 as well as a Schedule 1 activity.
(7) In respect of a permit that authorises solely the carrying out of a Phase 3 activity, no charge is payable for the subsistence of the permit—
(a)under regulation 18(1), or
(b)under provisions superseding the provisions of Schedule 5 in accordance with regulation 18(3).”
O.J. No L140, 5.6.2009, p 63; see Article 1(30) of that Directive.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: