The CRC Energy Efficiency Scheme (Amendment) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/234 |
| Year | 2011 |
2011 No. 234
Climate Change
The CRC Energy Efficiency Scheme (Amendment) Order 2011
Made 9th February 2011
Laid before Parliament 16th February 2011
Coming into force 1st April 2011
At the Court at Buckingham Palace, the 9th day of February 2011
Present,
The Queen’s Most Excellent Majesty in Council
Whereas 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—
(a) obtained, and taken into account, the advice of the Committee on Climate Change in respect of this Order; and
(b) consulted such persons likely to be affected by this Order as they considered appropriate,
Her Majesty, in exercise of the powers conferred by sections 44 and 46 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:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the CRC Energy Efficiency Scheme (Amendment) Order 2011 and comes into force on 1st April 2011.
(2) In this Order any reference below to a numbered article or Schedule is a reference to that article of, or Schedule to, the CRC Energy Efficiency Scheme Order 20102.
Amendments to the CRC Energy Efficiency Scheme Order 2010
2. In article 2 (the trading scheme: phases and application), for paragraph (1) substitute—
“1 This Order establishes a trading scheme in relation to scheme activities for a trading period of seven phases which comprise—
(a) a first phase of four years commencing on 1st April 2010;
(b) five subsequent phases of six years commencing as shown in the following table—
Second to seventh phases: commencement dates
Commencement date of phase |
|
Second phase |
1st April 2013 |
Third phase |
1st April 2018 |
Fourth phase |
1st April 2023 |
Fifth phase |
1st April 2028 |
Sixth phase |
1st April 2033 |
(c) a seventh phase of five years commencing on 1st April 2038.”.
3.—(1) Article 3 (interpretation) is amended as follows.
(2) For the definition of “annual reporting year” substitute—
““annual reporting year” means each year of a phase;”.
(3) After the definition of “footprint report” insert—
““footprint supplies” has the meaning given by article 41(5);”.
4. In article 9 (the administrator), for the table of provisions substitute the following table—
“Column 1 |
Column 2 |
Part 2 except articles 18(1) and 28 |
Articles 18(1), 28, 39(3), 47(3), 57(4), 64 and 74 |
Parts 4 to 6 except articles 39(3) and 47(3) |
Parts 11 to 16 |
Articles 59(2), 68 to 73 |
|
Part 10 |
” |
5. In article 18(1) (determinations by the administrator), for “paragraph (3)” substitute “paragraph (2)”.
6.—(1) Article 21 (universities and colleges: groups) is amended as follows.
(2) In paragraph (1)(b)(ii) for “paragraph (i)” substitute “paragraph (1)(b)(i)”.
(3) In paragraph (2) for “sub-paragraph (1)” substitute “paragraph (1)(b)”.
7. In article 29(3) (CCA emissions and target periods), for “This Part does” substitute “Articles 32 to 38 do”.
8. In article 41(5)(b)(i) (footprint emissions), for “or” substitute “and”.
9.—(1) Article 53(1) (allowances and CRC emissions) is amended as follows.
(2) In sub-paragraph (a) for “third” substitute “subsequent”.
(3) In sub-paragraph (b) for “third” substitute “second”.
(4) Omit “a” after the words “the participant must”.
10. Article 62 (information on half hourly meters and amount of supplies) is revoked.
11. In article 66(1) (information and assistance by franchisees), for “paragraph 10” substitute “paragraph 9”.
12. In article 74(1)(a) (determinations), for “28(1)” substitute “28”.
13. In article 75(2) (achievement tables), for the words from “are” to the end substitute “are the second and subsequent annual reporting years of each phase”.
14. In article 77(6) (performance tables), in the table of weighting percentages for the column heading “Second to seventh phases” substitute “Fourth year: first phase and each year of the second to seventh phases”.
15. In article 78(5) (publication), for sub-paragraph (b) substitute—
“(b)
“(b) an annual report in respect of the first year of the subsequent phase,”.
16. In article 95 (failures in respect of registration), for paragraph (3) substitute—
“3 The penalties in paragraph (4) apply where—
(a) a public body or undertaking fails to report details of each settled half hourly...
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