The CRC Energy Efficiency Scheme Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1119 |
| Year | 2013 |
2013 No. 1119
Climate Change
The CRC Energy Efficiency Scheme Order 2013
Made 15th May 2013
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 15th day of May 2013
Present,
The Queen’s Most Excellent Majesty in Council
Whereas:
(a) the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of the Environment of Northern Ireland have in accordance with section 48 of and paragraph 10 of Schedule 3 to the Climate Change Act 20081—
obtained, and taken into account, the advice of the Committee on Climate Change in respect of this Order; and
consulted such persons likely to be affected by this Order as they considered appropriate;
and
(b) in accordance with paragraph 11 of Schedule 3 to the Climate Change Act 2008, a draft of the statutory instrument containing this Order has been approved by resolution of each House of Parliament, the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly,
Her Majesty, in exercise of the powers conferred by sections 44, 46(3), 49 and 90(3) of and Schedule 2 and paragraph 9 of Schedule 3 to the Climate Change Act 2008, is pleased, by and with the advice of Her Privy Council, to order as follows:
PART 1
Introduction
CHAPTER 1
General
Citation and commencement
1. This Order may be cited as the CRC Energy Efficiency Scheme Order 2013 and comes into force on the fifth day after the day on which it is made .
The trading scheme: phases and application
2.—(1) This Order establishes a trading scheme in relation to scheme activities for a trading period of six phases which comprise—
(a)
(a) five consecutive phases, each of five years, where the initial phase commences on 1st April 2014; and
(b)
(b) a final phase of four years, commencing on 1st April 2039.
(2) This Order does not apply to an organisation which enjoys an exemption or relief from taxes under Schedule 1 to the International Organisations Act 19682.
Interpretation
3. In this Order—
“the 2000 Act” means the Freedom of Information Act 20003;
“the 2010 Order” means the CRC Energy Efficiency Scheme Order 20104;
“the 2011 Order” means the CRC Energy Efficiency Scheme (Amendment) Order 20115;
“the 2012 Regulations” means the CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 20126;
“Academy” has the same meaning it has in section 579 of the Education Act 19967;
“account holder” means the public body, undertaking or other person in whose name an account in the Registry is held;
“the Act” means the Climate Change Act 2008;
“the administrator” has the meaning given by article 9;
“allowance” means a tradeable allowance issued under regulation 10 of the 2012 Regulations;
“annual report” means the report described in article 32;
“annual reporting year” means each year of the phase;
“appeal body” has the meaning given by article 89;
“appellant” means a public body or undertaking that has made an appeal under article 87;
“applicant” means—
(a) a public body or group of public bodies; or
(b) an undertaking or group of undertakings,
required to submit an application for registration as a participant under Part 2 or Schedule 5;
“appointed practitioner” means a person appointed under the Insolvency Act 19868to manage—
(a) a group member’s affairs and business so far as carried on in the United Kingdom, and
(b) that group member’s property in the United Kingdom;
“authorised person” has the meaning given by article 66(3);
“authorised supplier” means—
(a) in respect of electricity, a person who is licensed to supply electricity (or is exempt from requiring a licence to do so) as defined by—
(i) section 64(1) of the Electricity Act 19899; or
(ii) Article 10(1)(c) of the Electricity (Northern Ireland) Order 199210;
(b) in respect of gas, a person who is licensed to supply gas (or is exempt from requiring a licence to do so) as defined by—
(i) section 48(1) of the Gas Act 198611; or
(ii) Article 6(1)(c) of the Gas (Northern Ireland) Order 199612;
“blocking” has the meaning given by article 81(3);
“cancellation account” means the account provided by the administrator into which allowances must be surrendered by a participant in compliance with article 36;
“CCA” means a climate change agreement within the meaning given in paragraph 46 of Schedule 6 to the Finance Act 200013;
“CCA facility” means a facility which is subject to a CCA target during a year of a phase;
“CCA target” means a target in respect of energy use or carbon emissions under a CCA;
“charitable purpose” has the meaning given by—
(a) section 2 of the Charities Act 201114in relation to England and Wales;
(b) section 7(2) of the Charities and Trustee Investment (Scotland) Act 200515in relation to Scotland;
(c) section 2 of the Charities Act (Northern Ireland) 200816in relation to Northern Ireland;
“chief inspector” means the chief inspector constituted under regulation 8(3) of the Pollution Prevention and Control Regulations (Northern Ireland) 200317;
“city college for the technology of the arts” has the same meaning it has in section 482 of the Education Act 1996, as originally enacted;
“city technology college” has the same meaning it has in section 482 of the Education Act 1996, as originally enacted;
“civil penalty” means a penalty which may be imposed under Part 12;
“combined heat and power generation” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;
“compliance account” means the account of a participant from which allowances must be surrendered to the cancellation account in compliance with article 36;
“CRC” means carbon reduction commitment;
“CRC emissions” has the meaning given by article 33(1);
“CRC supplies” has the meaning given by article 33(2);
“day” means a working day except in article 1 and paragraph 3 of Schedule 6;
“domestic accommodation” has the meaning given by paragraph 18(3) of Schedule 1;
“enforcement notice” has the meaning given by article 69;
“EU ETS Directive” means Directive 2003/87/ECof the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC18;
“EU ETS installation” means—
(a) an activity or installation within scope of the EU ETS Directive; and
(b) any additional activity not included within Annex 1 of that Directive but approved in the United Kingdom under Article 24 of that Directive;
“first phase” means the first phase of the trading scheme established under article 2(1) of the 2010 Order;
“franchise” and the related expressions “franchise agreement”, “franchise premises”, “franchise supply”, “franchisee” and “franchisor” have the meanings given in section 3 of Schedule 1;
“government decision” has the meaning given by paragraph 14 of Schedule 2;
“group” has the meaning given by—
(a) paragraph 6 of Schedule 2, in respect of public bodies;
(b) paragraph 1 of Schedule 3, in respect of undertakings;
“group undertaking” except where article 21 applies, has the meaning given by paragraph 1(b) of Schedule 3;
“highest parent undertaking” has the meaning given by paragraph 1(c) of Schedule 3;
“independent college group” has the meaning given by article 21(1)(b)(ii);
“kWh” means kilowatt hour;
“local authority” has the same meaning it has in paragraph 7 of Schedule 1 to the 2000 Act;
“local authority decision” has the meaning given by paragraph 16 of Schedule 2;
“maintained nursery school” has the same meaning it has in paragraph 52 of Schedule 1 to the 2000 Act19;
“maintained school” has the same meaning it has in paragraph 52 of Schedule 1 to the 2000 Act20;
“metering device” means (except in Schedule 9)—
(a) in relation to England, Wales and Scotland, a device where the electricity supplied is charged for as measured by the device but not including meters allocated to the following profile classes under the Balancing and Settlement Code Procedure BSCP51621—
(i) Domestic Unrestricted;
(ii) Domestic Economy 7;
(b) in relation to Northern Ireland, a device where the electricity supplied is charged for as measured by the device but not including meters that measure supplies to domestic accommodation;
(c) a device which during a year of a phase measures more than 73,200 kWh of gas supplied, in relation to the supply of gas;
“MWh” means megawatt hour;
“operator” means a person with permission under Part 4A of the Financial Services and Markets Act 200022to carry on a regulated activity;
“parent undertaking” has the meaning given by paragraph 1(e) of Schedule 3;
“participant” means the following registered by the administrator as a participant—
(a) a public body or group of public bodies; or
(b) an undertaking or group of undertakings,
which carries out a scheme activity; and where a participant is a group, subject to Schedule 5, the participant constitutes the members from time to time of that group;
“participant equivalent” has the meaning given by paragraph 2 of Schedule 3;
“phase” means one of the six phases of the scheme described in article 2(1);
“post-application period” means the period after an application has been made in accordance with article 12 but before the first day of the first annual reporting year of a phase;
“post-qualification period” has the meaning given by article 27;
“premises” means any—
(a) land, vehicle or vessel; or
(b) plant which is designed to move or be moved whether on roads or otherwise;
“principal place of activity” means the principal place—
(a) where the applicant, participant or representative carries on the scheme activity applicable to it; or
(b) if an applicant or participant carries on more than one scheme activity, where it carries on the main scheme activity;
“proper address” means in the case of—
(a) a body corporate or their director, secretary, clerk, person exercising management...
To continue reading
Request your trial