The CRC Energy Efficiency Scheme Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/768 |
| Year | 2010 |
2010 No. 768
Climate Change
The CRC Energy Efficiency Scheme Order 2010
Made 17th March 2010
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 17th day of March 2010
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 and 46(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 2010 and comes into force on the fifth day after 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 seven phases which comprise—
(a)
(a) a first phase of three years commencing on 1st April 2010;
(b)
(b) a second phase of seven years commencing on 1st April 2011;
(c)
(c) subsequent phases of seven years commencing as shown in the following table—
Third to seventh phases: commencement dates
Commencement date of phase |
|
Third phase |
1st April 2016 |
Fourth phase |
1st April 2021 |
Fifth phase |
1st April 2026 |
Sixth phase |
1st April 2031 |
Seventh phase |
1st April 2036 |
(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;
“account holder” means the public body, undertaking or other person in whose name an account in the Registry is held;
“achievement table” has the meaning given by article 75(3);
“the Act” means the Climate Change Act 2008;
“the administrator” has the meaning given by article 9;
“allowance” means a tradeable allowance issued under regulations made by the Treasury under section 21 of the Finance Act 20084;
“annual report” means the report described in article 49;
“annual reporting year” means—
(a) in respect of the first phase, each year of that phase;
(b) in respect of the second and subsequent phases, the second and subsequent years of that phase;
“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 6;
“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 19895; or
(ii) Article 8(1)(c) of the Electricity (Northern Ireland) Order 19926;
(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 19867; or
(ii) Article 6(1)(c) of the Gas (Northern Ireland) Order 19968;
“blocking” has the meaning given by article 105(3);
“cancellation account” means the account provided by the administrator into which allowances must be surrendered by a participant in compliance with article 53;
“CCA” means a climate change agreement within the meaning given in paragraph 46 of Schedule 6 to the Finance Act 20009;
“CCA emissions” has the meanings given by paragraph 12(3) of Schedule 5;
“CCA facility” means a facility which is subject to a CCA target;
“CCA target” means a target in respect of energy use or carbon emissions under a CCA;
“CCA target period” means a period referred to as a target period in a CCA or in any rules applicable to a CCA in which a CCA target is to be achieved;
“charitable purpose” has the meaning given by—
(a) section 2 of the Charities Act 200610in relation to England and Wales;
(b) section 7(2) of the Charities and Trustee Investment (Scotland) Act 200511in relation to Scotland;
(c) section 2 of the Charities Act (Northern Ireland) 200812in relation to Northern Ireland;
“charge” and “charging” have the meanings given in Part 11;
“Chief inspector” means the Chief inspector constituted under regulation 8(3) of the Pollution Prevention and Control Regulations (Northern Ireland) 200313;
“civil penalty” means a penalty which may be imposed under Part 14;
“Community tradeable emissions allowances” has the meaning given by Article 3a of the EU ETS Directive;
“compliance account” means the account of a participant from which allowances must be surrendered to the cancellation account in compliance with article 53;
“core emissions” has the meaning given by article 42(3);
“core supply” means a supply of electricity or gas described in Schedule 2;
“CRC” means carbon reduction commitment;
“CRC emissions” has the meaning given by article 50(1);
“CRC supplies” has the meaning given by article 50(2);
“day” means a working day unless provided to the contrary;
“daily meter” applies in relation to a supply of gas and has the meaning given by paragraph 7 of Schedule 2;
“domestic accommodation” has the meaning given by paragraph 16(3) of Schedule 1;
“dynamic supply” means a supply of electricity described in paragraph 5 of Schedule 2;
“early action” has the meaning given by paragraph 5(2) of Schedule 8;
“electricity generating credit” has the meaning given by article 31(2) but where it applies other than in Part 3, reference to “applicant” in that expression is to be read as a reference to “participant”;
“enforcement notice” has the meaning given by article 91;
“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/EC14, as amended from time to time;
“EU ETS emissions” has the meanings given by paragraph 12(2) of Schedule 5;
“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 I of that Directive but approved in the United Kingdom under Article 24,
but not an installation approved as excluded in the United Kingdom under Article 27;
“exemption CCA target period” has the meaning given by article 29;
“footprint emissions” has the meaning given by article 41;
“footprint report” has the meaning given by article 39(1)(a);
“footprint year” means the first year of each phase;
“franchise” and the related expressions, “franchise agreement”, “franchise premises”, “franchisee” and “franchisor” have the meanings given in section 3 of Schedule 1;
“fuel” has the meaning given by paragraph 3(3) of Schedule 1;
“general CCA exemption” has the meaning given by article 33;
“generated and supplied electricity” has the meaning given by article 31(1)(d);
“government decision” has the meaning given by paragraph 14 of Schedule 3;
“group” has the meaning given by—
(a) paragraph 6 of Schedule 3, in respect of public bodies;
(b) paragraph 1 of Schedule 4, in respect of undertakings;
“group CCA exemption” has the meaning given by article 34;
“group undertaking” has the meaning given by paragraph 1 of Schedule 4;
“highest parent undertaking” has the meaning given by paragraph 1 of Schedule 4;
“hourly meter” applies in relation to a supply of gas and has the meaning given by paragraph 8(1) of Schedule 2;
“independent college group” has the meaning given by article 21(1)(b)(ii);
“kWh” means kilowatt hour or hours;
“local authority decision” has the meaning given by paragraph 16 of Schedule 3;
“member CCA exemption” has the meaning given by article 32;
“MWh” means megawatt hour or hours;
“non-settled half hourly meter” applies in relation to a supply of electricity and has the meaning given by paragraph 3(1) of Schedule 2;
“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 6, the participant constitutes the members from time to time of that group;
“performance table” has the meaning given by article 77(1);
“phase” means one of the seven phases of the scheme described in article 2(1);
“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 in the United Kingdom—
(a) where the applicant or participant 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;
“publication” has the meaning given by article 105(3);
“public function” means any activity carried out by a public body;
“public body” has the meaning given in section 1 of Schedule 3;
“qualification day” means the last day of a qualification year;
“qualification criteria” means that—
(a) an applicant is supplied with electricity by a settled half hourly meter;
(b) qualifying electricity is supplied to it for the purposes of a scheme...
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