CRC Energy Efficiency Scheme Order 2013 (S.I. No. 1119 of 2013)

SECTION 1 Electricity and gas: general Electricity 1.—(1) Subject to sub-paragraph (3), and sections 3 and 4— (a) a public body or undertaking (“A”) is supplied with electricity where— (i) A agrees with a person (“B”) that B will supply electricity to A; (ii) A receives a supply further to that agreement; and (iii) that supply is measured by a metering device or is an unmetered supply; (b) A is supplied with electricity received by another public body or undertaking (“C”) where— (i) A agrees with B that B will supply electricity to C; (ii) C receives a supply further to that agreement; and (iii) that supply is measured by a metering device or is an unmetered supply. (2) A supply of electricity is made at the time it is received. (3) Sub-paragraph (1) does not apply to the extent that the electricity is used directly for— (a) the generation, transmission or distribution of electricity; or (b) the transport, supply or shipping of gas. (4) In this paragraph,— “unmetered supply” is a supply of electricity to premises which is— (a) supplied otherwise than through a metering device; and (b) is connected to a distribution system of an electricity distributor within the meaning of section 6 of the Electricity Act 1989(a). (a) 1989 c. 29. 38 Gas 2.—(1) Subject to sub-paragraph (3), and sections 3 and 4— (a) a public body or undertaking (“A”) is supplied with gas received by A where— (i) A agrees with a person (“B”) that B will supply gas to A; (ii) A receives a supply further to that agreement; and (iii) that supply is measured by a metering device; (b) A is supplied with gas received by another public body or undertaking (“C”) where— (i) A agrees with B that B will supply gas to C; (ii) C receives a supply further to that agreement; and (iii) that supply is measured by a metering device. (2) A supply of gas is made at the time it is received. (3) Sub-paragraph (1) does not apply to the extent that the gas is used directly for— (a) the transport, supply or shipping of gas; or (b) the generation, transmission or distribution of electricity. Measurement units 3. Where in this Order information must be provided concerning a supply of electricity or gas, the amount of that supply must be expressed in kWh.

SECTION 2 Electricity and gas: self-supply Self-supply of electricity by generators, transmitters, distributors and authorised suppliers 4.—(1) Where a public body or undertaking— (a) is described in sub-paragraph (3); and (b) supplies electricity to itself, subject to sub-paragraph (2), it is supplied with that electricity. (2) Sub-paragraph (1) does not apply to the extent that the electricity— (a) is used directly for— (i) the generation, transmission or distribution of electricity; (ii) the transport, supply or shipping of gas; or (b) is supplied to the public body or undertaking in any year in the initial phase. (3) The public bodies or undertakings referred to in sub-paragraph (1) are— (a) an authorised supplier of electricity; (b) in Great Britain, a public body or undertaking which— (i) holds a generation, transmission or distribution licence within the meaning of section 6 of the Electricity Act 1989(a); or (ii) generates, transmits or distributes electricity and which is exempt under that Act from the requirement to hold a licence to do so; (c) in Northern Ireland, a public body or undertaking which— (a) 1989 c. 29. Section 6 has been amended by: section 30 of the Utilities Act 2000 (c. 27); sections 89(3), 136, 143, 145, 146, and 197(9) of the Energy Act 2004 (c. 20) and Schedules 3 and 19 to that Act; section 79 of, and Schedule 8 to, the Climate Change Act 2008 (c. 27). 39 (i) holds a generation or a distribution and transmission licence made under Article 10 of the Electricity (Northern Ireland) Order 1992(a); or (ii) generates, distributes or transmits electricity and which is exempt under that Order from the requirement to hold a licence to do so. Self-supply by authorised gas suppliers 5.—(1) Where an authorised supplier of gas supplies natural gas to itself, it is supplied with that natural gas except to the extent which it uses that natural gas directly for— (a) the transport, supply or shipping of gas; or (b) the generation, transmission or distribution of electricity. (2) In this paragraph, “natural gas” means any gas derived from natural strata.

SECTION 3 Franchise agreements Supplies under franchise agreements 6.—(1) This section applies to supplies of electricity or gas in relation to franchise agreements and varies the provisions under section 1 concerning to whom a supply is made. (2) The variation applies only where provided under this Order. Franchise agreements 7.—(1) A “franchise agreement” exists where one undertaking (“the franchisee”) and another undertaking (“the franchisor”) agree that— (a) the franchisee carries on a business activity which is the sale or distribution of goods or the provision of services (“the franchise business”); (b) the franchise business is carried on under a name which the franchisor provides to the franchisee; (c) the premises where the franchise business is carried on are used exclusively for that business by the franchisee; and (d) those premises have an internal or external appearance agreed by the franchisor and that appearance is similar to that of other premises in respect of which the franchisor has entered into a franchise agreement. (2) Where a franchise agreement exists, “franchise premises” means— (a) the premises described in sub-paragraph (1); and (b) other premises used by the franchisee in relation to carrying on the franchise business. Franchise agreements not existing 8. A franchise agreement does not exist where— (a) the franchisee and the franchisor are group undertakings in relation to each other; or (b) in relation to franchise premises, the franchisee occupies those premises with the permission of the franchisor. (a) S.I. 1992/231 (N.I. 1). Article 10 has been amended by: regulations 19(a) and 47 of the Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), articles 1(2) and 28(4) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) and articles 1(3) and 4(4)(a) of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)). 40 Supplies to franchisees regarded as supplies to franchisors 9.—(1) Sub-paragraphs (2) and (3) apply where— (a) there is a franchise agreement; and (b) the franchisee is supplied with electricity or gas under section 1 of this Schedule in relation to the franchise premises (“a franchise supply”). (2) For the purposes of Part 2 of this Order, where— (a) the franchise agreement exists on the qualification day; and (b) during the qualification year there is a franchise supply of electricity which is qualifying electricity, that franchise supply of electricity is a supply to the franchisor and not the franchisee. (3) For the purposes of Part 3 of this Order, where— (a) the franchisor is a participant or is a member of a group which is a participant; and (b) the franchise agreement exists during a year of a phase, the franchise supply during that year is a supply to the franchisor and not the franchisee.

SECTION 4 Trusts of land Supplies to trustees in relation to trust premises 10. Subject to paragraphs 11 and 12, where— (a) a public body or undertaking (“T”) holds land on trust (“the trust premises”); and (b) T is supplied with electricity or gas under section 1 of this Schedule in relation to the trust premises, that supply of electricity or gas in relation to the trust premises is a supply to T. Supplies to beneficiaries 11. Where a public body or undertaking (“B”) is beneficially entitled to more than a half share of the assets of the trust under which the trust premises are held, the supply of electricity or gas in relation to the trust premises is a supply to B and not T. Supplies to operators 12.—(1) Subject to sub-paragraph (2), where— (a) an operator (“O”) carries on a regulated activity in relation to the trust premises; and (b) O is a public body or undertaking, the supply of electricity or gas in relation to the trust premises is a supply to O and not T. (2) This paragraph does not apply where paragraph 11 applies.

SECTION 5 Deductions from supplies Deductions from supplies 13.—(1) This section provides for deductions in calculating the amount of a supply of electricity or gas under section 1, 2, 3 or 4 of this Schedule. (2) The deductions apply only where provided under this Order. 41 Unconsumed supply: electricity 14.—(1) Sub-paragraph (3) applies where A does not consume for its own use some or all of the supply to it of electricity. (2) The amount not consumed by A is “unconsumed supply”. (3) Subject to paragraph 16(3), A may deduct from its electricity supply the unconsumed supply measured by— (a) a metering device; or (b) a device which measures electricity supplied but the measurements are not used for the purpose of charging for that electricity. Unconsumed supply: gas 15.—(1) Sub-paragraph (3) applies where A does not consume for its own use some or all of the supply to it of gas. (2) The amount not consumed by A is “unconsumed supply”. (3) Subject to paragraph 16(3), A may deduct from its gas supply the unconsumed supply measured by— (a) a metering device; or (b) a device which measures gas supplied but the measurements are not used for the purpose of charging for that gas. Occupation of premises 16.—(1) Sub-paragraph (2) applies where— (a) A has an unconsumed supply; and (b) that unconsumed supply is consumed by a person (“B”) in respect of premises which B occupies with the permission of A. (2) Subject to sub-paragraph (3), paragraphs 14(3) and 15(3) do not apply to an unconsumed supply to which sub-paragraph (1) applies. (3) Sub-paragraph (2) does not apply where— (a) B is a Northern Ireland Department which occupies premises with the permission of A, and A is another Northern Ireland Department; or (b) B has entered into a construction lease with A in respect of the premises described in paragraph (1)(b). (4) A “construction lease” is a lease entered into between A and B for a minimum period of 30 years where— (a) B covenants— (i) to obtain all necessary consents and approvals and to erect fencing or erect a building on the premises within a period of not more than 2 years from the lease commencement date; (ii) to install all necessary gas, electricity and water supplies to the premises to comply with statutory requirements within a period of not more than 2 years from the lease commencement date; and (iii) if required by A, to remove any buildings or works constructed by B on the premises at termination of the lease; and (b) A covenants to compensate B for any improvements made to the premises by B during the period of the lease. 42 Consumption outside the United Kingdom 17. A is not supplied with electricity or gas to the extent that supply is consumed by A outside the United Kingdom. Domestic accommodation 18.—(1) Subject to sub-paragraph (2), A is not supplied with electricity or gas— (a) to the extent that supply is consumed by A for the purposes of domestic accommodation; and (b) where the conditions in sub-paragraph (4) are satisfied concerning that accommodation. (2) A is supplied with electricity or gas in respect of common areas described in sub-paragraph (5)(b) where a decision has been made under sub-paragraph (6) that those common areas are not part of the domestic accommodation. (3) “Domestic accommodation” means premises or that part of premises intended to be used as a person’s permanent home. (4) The conditions referred to in sub-paragraph (1) are— (a) the accommodation is not provided in relation to a person’s education, employment or service; and (b) no services are provided for the care of a person in residence in that accommodation by the person to whom the supply of electricity or gas is made. (5) Where common areas of premises are used in relation to domestic accommodation and the premises are used— (a) solely for domestic accommodation; or (b) partly for domestic accommodation, the common areas are part of that accommodation. (6) A may decide that the common areas where sub-paragraph (5)(b) applies are not part of the domestic accommodation. (7) A decision made under sub-paragraph (6)— (a) may be made in respect of— (i) the supply in the qualification year of a phase and where so made, applies to the phase; (ii) a phase where it was not made in respect of the qualification year, where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. Caravan sites: accommodation 19.—(1) A is not supplied with electricity or gas to the extent that supply is consumed by A directly for the purposes of accommodation at a caravan site. (2) “Caravan site” means— (a) in England and Wales and Scotland, a caravan site within the meaning of section 1(4) of the Caravan Sites and Control of Development Act 1960(a) which is in accordance with Part 1 of that Act— (i) licensed; (ii) exempt from requiring a licence; or (a) 1960 c. 62. 43 (iii) provided by a local authority as defined by that Part; (b) in England and Wales, land licensed under section 269 of the Public Health Act 1936(a) for use as a site for a moveable dwelling within the meaning of that section; (c) in Northern Ireland, a caravan site within the meaning of section 1(4) of the Caravans Act (Northern Ireland) 1963(b) which is— (i) licensed in accordance with section 1(1) of that Act; (ii) exempt from requiring a licence under section 2 of that Act; (iii) provided by a district council as defined by section 21 of that Act(c); or (iv) provided by the Northern Ireland Housing Executive pursuant to Article 28A of the Housing (Northern Ireland) Order 1981(d). Emergency and temporary accommodation 20.—(1) Where A is a housing body, A is not supplied with electricity or gas to the extent the supply is consumed by A for the purposes of emergency or temporary accommodation. (2) In sub-paragraph (1)— (a) “emergency or temporary accommodation” means accommodation provided in discharge of a duty on the housing body under— (i) in England and Wales, Part VII of the Housing Act 1996(e); (ii) in Scotland, Part II of the Housing (Scotland) Act 1987(f); (iii) in Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988(g); (b) “housing body” means— (i) in England and Wales, a local housing authority within the meaning of Part VII of the Housing Act 1996; (ii) in Scotland, a local authority within the meaning of Part II of the Housing (Scotland) Act 1987; (iii) in Northern Ireland, the Northern Ireland Housing Executive. Transport consumption 21.—(1) Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A for the purposes of transport. (2) A is supplied with an un-metered electricity or gas transport supply where a decision has been made that such a supply is not consumed for the purposes of transport under paragraph 22 or 23. Un-metered transport supply: electricity 22.—(1) Sub-paragraph (2) applies where— (a) A has consumed a supply of electricity for the purposes of transport; and (a) 1936 c. 49. Section 269 was amended by sections 30(1) and 48(1) of and Schedule 4 to the Caravan Sites and Control of Development Act 1960 (c. 62). There are other amendments to section 269 which are not relevant. (b) 1963 c. 17. Paragraph 9 of the Schedule was amended by article 133(1) of and Schedule 5 to the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)). (c) Section 21 was amended by S.R. (NI) 1973 No 285. (d) S.I. 1981/156 (N.I. 3). Article 28A was inserted by S.I. 2003/412 (N.I. 2). (e) 1996 c. 52. Part VII is subject to various amendments under Schedule 1 to the Homelessness Act 2002 (c. 7). (f) 1987 c. 26. Part II is subject to various amendments under section 3 of and Schedule 10 to the Housing (Scotland) Act 2001 (asp. 10) and section 25 is amended by section 1 of the Homelessness etc (Scotland) Act 2003 (asp. 10). (g) S.I. 1988/1990 (N.I. 23). Part II is subject to various amendments under chapter IV of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)). 44 (b) part of that supply so consumed was not measured by a meter of any sort (“un-metered electricity transport supply”). (2) Where this sub-paragraph applies, A may decide that un-metered electricity transport supply is not consumed for the purposes of transport. (3) A decision made under sub-paragraph (2)— (a) may be made in respect of— (i) qualifying electricity in the qualification year of a phase and where so made, applies also to supplies of electricity during the phase; (ii) a phase where it was not made in respect of the qualification year, where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. Un-metered transport supply: gas 23.—(1) Sub-paragraph (2) applies where— (a) A has consumed gas for the purposes of transport; and (b) part of that supply so consumed was not measured by a meter of any sort (“un-metered gas transport supply”). (2) Where this sub-paragraph applies, A may decide that un-metered gas transport supply during a phase is not consumed for the purposes of transport. (3) A decision made under sub-paragraph (2)— (a) may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. Purposes of transport 24.—(1) In paragraph 21, electricity or gas is consumed for the purposes of transport where it is used— (a) by a road going vehicle, a vessel, an aircraft or a train; (b) in relation to railways, for network services except where electricity or gas is used to provide power, heat or light to a building; or (c) to provide power for the operation of a conveyor belt which is— (i) at least 8 kilometres in length; and (ii) used to transport materials to an off site facility from which facility the materials will be transported on a railway or a vessel using inland waters. (2) The following definitions have effect for the purposes of sub-paragraph (1)— “aircraft” means a self-propelled machine that can move through the air other than against the earth’s surface; “inland waters” means— (a) any river, stream or other watercourse, whether natural or artificial and whether tidal or not; (b) any lough, lake or pond, whether natural or artificial, and any reservoir or dock; and (c) any channel, creek, bay, estuary or arm of the sea; 45 “network services” has the same meaning it has in section 82 of the Railways Act 1993(a) but as if section 82(3)(h) of that Act did not apply; “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992(b); “road going vehicle” means any vehicle— (a) in respect of which a vehicle licence is required under the Vehicle Excise and Registration Act 1994(c); (b) which is an exempt vehicle under that Act; or (c) which is required to display a certificate of Crown exemption under regulation 31 of the Road Vehicles (Registration and Licensing) Regulations 2002(d); “train” has the same meaning it has in section 83 of the Railways Act 1993; “vessel” means any boat or ship which is self-propelled and operates in or under water. Consumption of gas for purposes other than heating 25. A is not supplied with gas to the extent that supply is consumed by A for purposes other than for the purposes of heating. Purposes of heating 26.—(1) In paragraph 25, gas is consumed for the purposes of heating where it is used as part of a process where the primary purpose of that process is the generation of heat. (2) Gas used in the process of combined heat and power generation is not consumed for the purposes of heating. Minimal gas heating supply levels 27.—(1) Sub-paragraph (2) applies where the amount of gas supplied to A for the purposes of heating is less than 2% of the amount of electricity supplied to A in the first annual reporting year of a phase (“minimal gas heating supply”). (2) Where this sub-paragraph applies, A may decide that minimal gas heating supply is not consumed for the purposes of heating. (3) A decision under sub-paragraph (2)— (a) may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. EU ETS installations 28.—(1) Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A for the purposes of operating an EU ETS installation. (2) A is supplied with electricity or gas where A decides that such a supply is not consumed for the purposes of operating an EU ETS installation. (3) A decision made under sub-paragraph (2)— (a) may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. (a) 1993 c. 43. (b) 1992 c. 42. (c) 1994 c. 22. (d) S.I. 2002/2742. 46 CCA facility consumption 29.—(1) Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A for the purposes of operating a CCA facility specified in a current specified facility certificate. (2) A is supplied with electricity or gas where A decides that such a supply is not consumed for the purposes of operating a CCA facility specified in a specified facility certificate. (3) A decision made under sub-paragraph (2)— (a) may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase. (4) For the purposes of the initial phase, A is not supplied with electricity or gas to the extent that it is consumed by A for the purposes of operating a CCA facility that is subject to a CCA target that ends no earlier than 2 months before the beginning of that phase.

SECTION 6 Additions to supplies: estimation adjustments Additions to supplies 30.—(1) This section provides for additions in calculating the amount of a supply of electricity or gas under section 1, 2, 3 or 4 of this Schedule. (2) The additions apply only where provided under this Order. Estimation adjustment: electricity and gas 31.—(1) Sub-paragraph (2) applies to a supply to A of electricity or gas measured by a specific metering device (“device 1”) during a year where,— (a) for at least half of the year in which the supply is made, the amount of that supply is estimated by the supplier; and (b) A cannot provide evidence to the satisfaction of the administrator that A has measured such estimated supply by a meter reading from device 1. (2) Where this sub-paragraph applies, the “estimation adjustment” is 10% of the amount of the supply during the year which is measured by device 1.

SECTION 7 Renewables generation and amount of emissions from supplies Renewables generation: electricity 32.—(1) Sub-paragraph (2) applies where— (a) A generates electricity; (b) in respect of that generation,— (i) A is issued with a ROC; or (ii) A is in receipt of a financial incentive made by virtue of a scheme under section 41 of the Energy Act 2008(a); and (c) A supplies some or all of that generated electricity to itself under paragraph 4 of this Schedule at the premises where it is generated. (a) 2008 c. 32. 47 (2) Where this sub-paragraph applies, “renewables generation” is the amount of the electricity generated which A supplies to itself. Amount of emissions 33. The emissions in tCO2 from an amount of electricity or gas supplied is found by applying to that amount the relevant conversion factor. Conversion factors 34. In paragraph 33, “relevant conversion factor” means a factor listed— (a) in version 2 of the document named “CRC Energy Efficiency Scheme Order: Table of Conversion Factors” published by the Secretary of State and made available on the website address at www.gov.uk/decc, on or before the date on which this Order is made; or (b) in any replacement or revision of the document described in sub-paragraph (a) which is published and made available in the same way as that document. SCHEDULE 2 Article 5 Public bodies

SECTION 1 Interpretation Public bodies 1. In this Order, “public body” means a public body described in this section. Public authorities and the National Assembly for Wales Commission 2.—(1) A public authority is a public body. (2) In sub-paragraph (1), a “public authority” means— (a) a public authority within the meaning of section 3(1)(a) of the 2000 Act; and (b) a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002(a) (“the 2002 Act”), but not any such authority listed in sub-paragraph (4) or paragraph 4. (3) Where a public authority is included within the 2000 Act or the 2002 Act subject to a limitation, that limitation does not apply in respect of this Order. (4) The public authorities referred to in sub-paragraph (2) are— (a) the House of Commons; (b) the House of Lords; (c) the force or any unit described in sub-paragraph (a) or (b) of paragraph 6 (the armed forces of the Crown) of Schedule 1 to the 2000 Act; (d) a person described in paragraph 64 (persons nominating special constables) of Schedule 1 to the 2000 Act; (a) 2002 asp 13. 48 (e) the National Assembly for Wales. (5) The National Assembly for Wales Commission is a public body(a). Public bodies: bodies corporate 3.—(1) A body corporate is a public body where it is a body in which a public body under paragraph 2 is a majority member. (2) A public body is a majority member of a body (“body A”) under sub-paragraph (1) where— (a) the member; (b) a person acting on behalf of the member; or (c) a body corporate in which the member or person acting on its behalf is a majority member, (any of whom is “person B”) satisfies the provisions in sub-paragraph (3). (3) The provisions referred to in sub-paragraph (2) are— (a) person B holds a majority of the voting rights in body A; (b) person B is a member of body A and has the right to appoint or remove a majority of its board of directors; or (c) person B is a member of body A and controls alone, pursuant to an agreement with other members, a majority of the voting rights in body A. Public bodies: proprietors of Academies and colleges 4.—(1) The proprietor of— (a) an Academy; (b) a city technology college or city college for the technology of the arts, is a public body. (2) Where— (a) a proprietor described in sub-paragraph (1) is the proprietor of more than one Academy or college; and (b) those Academies or colleges are situated in more than one local authority area, the proprietor is a separate public body in respect of those Academies or colleges in different local authority areas. (3) Where a proprietor would be required to register as a participant under Part 2— (a) if it were not a public body under sub-paragraph (1); and (b) excluding the scheme activities in respect of which it is such a public body, the proprietor is, as applicable, a separate public body or undertaking in respect of its other scheme activities. Public bodies: one public body part of another 5.—(1) Except where paragraph 4(2) or (3) applies, where a public body (“A”) is part of another public body (“B”)— (a) A is not a public body; and (b) B including A is a public body. (2) A government department is not part of another government department. (a) The Commission was established under section 27 of the Government of Wales Act 2006 (c. 32). 49

SECTION 2 Public bodies: groups Groups and members 6. In relation to public bodies— “group” means those public bodies which are members of a group— (a) as provided by paragraphs 7 to 9; (b) further to— (i) a government decision under paragraph 14; (ii) a local authority decision under paragraph 16; or (c) as provided under article 20 for the purposes of that article or under article 21; “member” means a public body which is part of a group together with one or more other public bodies. Bodies corporate 7. Subject to a government decision under paragraph 14, where a body corporate is a public body and where the majority member is— (a) a government department, that body is a member of a group with that department; (b) the Scottish Ministers, that body is a member of a group with the Ministers; (c) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, that body is a member of a group with the Welsh Assembly Government; (d) a relevant Northern Ireland department, that body is a member of a group with the relevant department. Educational bodies: Wales 8. In Wales, where a public body is the governing body of a maintained school or a maintained nursery school, that public body is a member of a group with the local authority which maintains the school. Grant-aided schools: Northern Ireland 9.—(1) This paragraph applies in Northern Ireland and to a public body which is a grant-aided school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986(a) (“a grant-aided school”). (2) Subject to sub-paragraph (3), a grant-aided school is a member of a group with the Education and Library Board(b) which funds that school. (3) Where the Education and Skills Authority has been established(c), subject to sub-paragraph (4), a grant-aided school is a member of a group with that Authority. (4) Sub-paragraph (3) does not apply in respect of a phase where that phase has commenced before the Authority is established. (a) S.I. 1986/594 (N.I. 3). The definition of “grant-aided” under Article 2(2) was amended by the Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20)). (b) Boards are established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986. (c) The Northern Ireland Assembly Education Bill 3/08 makes provision for the establishment of the Education and Skills Authority. 50

SECTION 3 Public bodies: government and local authority decisions Government and local authority decisions 10.—(1) Except in relation to the Treasury and Her Majesty’s Revenue and Customs, the Secretary of State may make a government decision in relation to a government department. (2) The Treasury may make a government decision in relation to the Treasury. (3) Her Majesty’s Revenue and Customs may make a government decision in relation to Her Majesty’s Revenue and Customs. (4) Where— (a) the Secretary of State, the Treasury or Her Majesty’s Revenue and Customs intend to make a government decision described in paragraph 14(2)(a) in relation to a public authority described in Part VI of Schedule 1 to the 2000 Act; and (b) that authority exercises functions partly other than in England, the Secretary of State, the Treasury or Her Majesty’s Revenue and Customs must consult, as applicable, the Scottish Ministers, the Welsh Ministers or the relevant Northern Ireland department before making the decision. (5) The Secretary of State, the Treasury or Her Majesty’s Revenue and Customs must not make a government decision in relation to a public body which exercises functions wholly in Scotland, Wales or Northern Ireland. (6) A local authority decision may be made by— (a) the Secretary of State in relation to a local government public body or a local government group in England; (b) the Welsh Ministers in relation to a local government public body or a local government group in Wales. (7) A government decision— (a) must not be made such that a public body, on its own or part of a group— (i) which is a participant, is no longer a participant; (ii) which is required to be a participant, is no longer required to be a participant; (b) may be made for the better administration of the scheme. The Scottish Ministers 11.—(1) The Scottish Ministers may make a government decision as if reference in paragraph 14(2) to “a government department” were a reference to the Scottish Ministers. (2) The Scottish Ministers may make a government decision described in paragraph 14(2)(a) only in respect of the public bodies described in the following paragraphs of this Schedule— (a) paragraph 2(2)(b); (b) paragraph 3 where the majority member is a body described in paragraph 2(2)(b). The Welsh Assembly Government and Welsh Ministers 12.—(1) The Welsh Ministers may make a government decision as if reference in paragraph 14(2) to “a government department” were a reference to the Welsh Assembly Government. (2) The Welsh Ministers must not make a government decision under paragraph 14(2)(a) unless the public body exercises functions in or as regards Wales and— (a) those functions are exercised in relation to matters within the legislative competence of the National Assembly for Wales; or 51 (b) functions are exercisable in relation to that body by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. Northern Ireland departments 13.—(1) The relevant Northern Ireland department may make a government decision as if reference in paragraph 14(2) to “a government department” were a reference to a relevant department. (2) The relevant Northern Ireland department must not make a government decision under paragraph 14(2)(a) unless the Northern Ireland Assembly has legislative competence in respect of the functions of the public body. Government decisions 14.—(1) “A government decision” means any decision described in sub-paragraph (2) in relation to— (a) qualification for a phase; or (b) participation during a phase or any part of a phase. (2) The decisions referred to in sub-paragraph (1) are— (a) that a public body (which is not a government department) is or is not a member of a group together with the department; (b) that any part of a government department as described in the decision must register as a participant separately from the remainder of the department; (c) subject to paragraph 15(2), that a government department is a member of a group with another government department; (d) under paragraph 13 only and where the Education and Skills Authority referred to in paragraph 9(3) has been established, that— (i) paragraph 9(2) does not apply to a grant-aided school referred to in sub-paragraph (1) of that paragraph; and (ii) such a school is a member of a group with the Authority. Government decisions: supplies and departments 15.—(1) A government decision under paragraph 14(2)(b) must state— (a) which supplies of electricity or gas are supplied to which part of the department for the phase; (b) where a public body is a member of a group with the department, with which part of the department it is a group member. (2) A government decision under paragraph 14(2)(c) must only be made in respect of a department which, had it been subject to article 17 on qualification for the phase, would not have been required to register as a participant. Local authority decisions 16.—(1) In paragraph 10(6), a “local authority decision” means a decision described in sub- paragraph (2) in relation to qualification for a phase in respect of— (a) a public body (“a local government public body”) which is— (i) in England, a public authority described in any of paragraphs 7(a) and 8 to 11 of Part II (local government) of Schedule 1 to the 2000 Act; or (ii) in Wales, a public authority described in paragraph 7(b) of that Part; or 52 (b) where the local government public body is a member of a group under section 2 of this Schedule (“the local government group”), such a group. (2) A decision referred to in sub-paragraph (1) means that a local government public body or group is a public body to which article 14(1)(e) applies. (3) Where such a decision is made, the decision may also provide— (a) that the body or group is a member of a group with another public body required to register as a participant; (b) where applicable, that the decision only applies to the local government public body and not any other member of the local government group. (4) Where a decision is made under sub-paragraph (3)(b)— (a) the local government group ceases to exist; and (b) other members of the group are separate public bodies. Notification of government and local authority decisions 17.—(1) The administrator must be notified in writing of the application for registration as a participant in respect of— (a) a government decision in relation to qualification for a phase; (b) a local authority decision. (2) A government decision in relation to participation during a phase or any part of a phase must be notified in writing as soon as possible to the administrator. (3) A notification required under sub-paragraph (1) or (2) must— (a) state the period for which the decision has effect, which may commence before the date of the notification but must not commence in a phase which has completed; and (b) identify the public bodies affected. (4) A government decision or local authority decision may be varied or revoked in writing. SCHEDULE 3 Article 5 Undertakings and participant equivalents Undertakings and participant equivalents Undertakings 1. In this Order, subject to paragraph 4— (a) in relation to an undertaking, “group” means those undertakings which are group undertakings in respect of each other; (b) “group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006(a) but where “undertaking” has the meaning given in this Order; (c) “highest parent undertaking” is the undertaking in the group which is not a subsidiary of any other undertaking in the group; (d) “member” in relation to group undertakings means an undertaking which is part of a group; (a) 2006 c. 46. 53 (e) “parent undertaking”, “subsidiary undertaking” and related expressions have the same meanings as in Part 38 of the Companies Act 2006 but where “undertaking” has the meaning given in this Order; (f) “undertaking” means— (i) an undertaking as defined in section 1161(1) of the Companies Act 2006; and (ii) as if that definition included an unincorporated association that has a charitable purpose, but an undertaking does not include a public body. Participant equivalents 2.—(1) An undertaking is a “participant equivalent” when so provided under this paragraph— (a) for the purposes of Part 2; and (b) for the whole phase. (2) Subject to sub-paragraph (3), for the purposes of Part 2 where an undertaking (“B”)— (a) is a member of a group that is a participant (“G”); and (b) would, if B was not a member of G, have been required to register as a participant under Part 2, B is a participant equivalent as a member of G. (3) Where— (a) B would be a participant equivalent as a member of G under sub-paragraph (2); but (b) G is subject to article 27(2), the provisions of section 1 of Part 3 of Schedule 5 vary sub-paragraph (2). Participant equivalents: movement between groups during a phase 3.—(1) Subject to paragraph 4, where— (a) B was a participant equivalent as a member of a group under paragraph 2; and (b) during a phase B becomes a member of another participant group of undertakings (“G2”), B is a participant equivalent as a member of G2 for the remainder of that phase. (2) Paragraph 12 of section 2 of Part 3 of Schedule 5 makes provision in relation to the change described in sub-paragraph (1). (3) Subject to paragraph 4, where— (a) B is a participant equivalent as a member of a group under paragraph 2; and (b) during a phase B becomes a member of a group of undertakings which is not a participant (“G3”), paragraph 10 of section 2 of Part 3 of Schedule 5 makes provision in relation to that change. (4) Subject to paragraph 4, where— (a) B is a participant equivalent as a member of G under paragraph 2; and (b) during a phase B together with B’s subsidiary undertakings cease to be a member of G, paragraph 9 of Part 3 of Schedule 5 makes provision in relation to that change. Undertakings or groups of undertakings as participants 4. Where during a phase an undertaking or group of undertakings— (a) is a member of a group; but (b) is a participant separate from the group, 54 for such time as it is a participant separate from the group, it must be treated as if it was not a member of the group for the phase. SCHEDULE 4 Article 5 Information on registration General 1. Information in this section is required under Part 2 and Schedule 5. Contact information 2. Subject to paragraph 4, as applicable to the applicant— (a) name, postal address, email address and telephone number; (b) the principal place of activity; (c) any company registration number and registered office; (d) any trading or other name by which the applicant is commonly known. 3. Where the applicant is a group of undertakings— (a) the information in paragraph 2 in respect of— (i) the registering member of the group; (ii) each participant equivalent; (iii) the highest parent undertaking located in the United Kingdom; and (iv) where applicable, the highest parent undertaking located outside the United Kingdom; and (b) where an undertaking other than the highest parent undertaking is to be the account holder of the compliance account, the information in paragraph 2 in respect of that undertaking. 4. Where the applicant is a group of public bodies, the information in paragraph 2 is required only in respect of the following in that group— (a) a government department; (b) the Scottish Ministers; (c) the Welsh Assembly Government; (d) a Northern Ireland Department; (e) a local authority; (f) a university; (g) for a group which does not include a public body described in sub-paragraphs (a) to (f), the body in the group intended to be the account holder in respect of the compliance account. 5. The name, postal address, email address and telephone number of at least three individuals who will act as contacts for the applicant, one of whom must exercise management control in respect of the public body or undertaking which is to be the account holder of the compliance account. 55 Total supplies of qualifying electricity 6.—(1) A list of all settled half hourly meters which measured the supply of qualifying electricity to the applicant in the qualification year. (2) The total amount of qualifying electricity in the qualification year and the amount of qualifying electricity for each individual participant equivalent that is a member of the group. SCHEDULE 5 Article 5 Changes to participants PART 1 Public bodies: government

SECTION 1 Government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government Application of Part 1 1.—(1) Where the changes described in sections 2 to 5 of this Part occur in a year of a phase (“year 1”) in relation to a participant which is or includes— (a) a government department or part of it; (b) a relevant Northern Ireland department or part of it, such a participant must comply with the requirements in those sections. (2) Under sub-paragraph (1)(b), in relation to a relevant Northern Ireland department, reference in paragraphs 7 and 10 to the Secretary of State includes reference to the relevant department. (3) Where the changes described in sections 3 to 5 occur in year 1 in relation to a participant which is or includes the Scottish Ministers or part of that body, such a participant must comply with the requirements in those sections. (4) Under sub-paragraph (3), in relation to the Scottish Ministers, reference to— (a) the Secretary of State in paragraph 10 includes the Scottish Ministers; (b) a department in paragraph 11 includes those Ministers or part of that body. (5) Where the changes described in section 4 or 5 occur in year 1 in relation to a participant which is or includes the Welsh Assembly Government or part of that body, such a participant must comply with the requirements in those sections. (6) Under sub-paragraph (5), in relation to the Welsh Assembly Government, reference to a department in paragraph 11 includes the Welsh Assembly Government or part of that body. Notifications and applications: time to comply and the administrator 2.—(1) A notification or application for registration required under this Part must be made using the Registry and within 3 months of the change occurring. (2) Subject to receipt of such notification or application for registration, the administrator must amend the information it holds in respect of the relevant participants. 56

SECTION 2 Creation of new departments Creation of a new department 3. This section applies where— (a) from part of a participant (“A”) and part of another participant (“B”), a department (“C”) is created in year 1; and (b) A and B continue as participants. Creation of a new department: year 1 4. In year 1— (a) C must— (i) apply for registration as a participant in accordance with article 11; and (ii) comply with Part 5 as if C existed for the whole of year 1; (b) A and B must comply with this Order as if C had not been created. Creation of a new department: year 2 5. In the year after year 1 (“year 2”)— (a) C must comply with Parts 4 and 5 of this Order; and (b) A and B must comply with this Order as if C had not been created. Creation of a new department: after year 2 6. In the years after year 2— (a) C must comply with this Order as applicable to the years after year 2; and (b) A and B must comply with this Order as applicable to the years after year 2 but where A and B do not include C. Deemed supplies of the new department 7.—(1) For the purposes of this section, the Secretary of State may declare in writing that a supply of electricity or gas— (a) to A or B is deemed to be a supply to C; (b) to C is deemed to be a supply to A or B. (2) A declaration made under sub-paragraph (1) must be provided by the Secretary of State to the administrator as soon as possible.

SECTION 3 Transfers of parts of government departments, Northern Ireland departments, the Scottish Ministers and the Welsh Assembly Government Transfer of part of a department to another department 8. This section applies where from a participant (“D”), a part (“E”) transfers to another participant (“F”) in year 1 (“the transfer”). Transfers: year 1 9. In year 1, D and F must— 57 (a) notify the administrator of— (i) the transfer; and (ii) as soon as possible, the percentage of the emissions of D which are attributable to E; (b) comply with this Order as if the transfer had not occurred. Deemed supplies 10.—(1) For the purposes of this section, the Secretary of State may declare in writing that a supply of electricity or gas— (a) to D which is attributable to E is deemed to be a supply to F; (b) to F which is attributable to E is deemed to be a supply to D. (2) A declaration made under sub-paragraph (1) must be provided by the Secretary of State to the administrator as soon as possible.

SECTION 4 Mergers in respect of government departments, Northern Ireland departments, the Scottish Ministers or the Welsh Assembly Government Mergers of departments 11.—(1) Sub-paragraphs (2) to (4) apply where a participant (“G”) merges with another participant (“H”) in year 1 (“the merger”) to form a new department (“J”). (2) J must notify the administrator of the merger. (3) J must— (a) apply for registration as a participant in accordance with article 11; and (b) comply with this Order as if J existed for the whole of year 1. (4) On the registration of J, the administrator must cancel the registration of G and H for the remainder of the phase.

SECTION 5 Government decisions and separate participation Government decisions 12. This section applies where a government decision is made in respect of a participant (“K”) that a part of K is a separate participant (“L”). Separate participants: year 1 13. In year 1,— (a) L must— (i) apply for registration as a participant in accordance with article 11; and (ii) comply with Parts 4, 5 and 7 as if L existed for the whole of year 1; (b) K must comply with this Order as if the government decision had not been made. 58 PART 2 Other public bodies Application of Part 2 1. This Part applies where the change described occurs in a year of a phase (“year 1”) and to a participant which is or includes a public body other than a public body to which Part 1 applies. Notifications and applications: time to comply and the administrator 2.—(1) The notification and application for registration required under this Part must be made using the Registry in accordance with article 11 and within 3 months of the change occurring. (2) Subject to receipt of such notification or application for registration, the administrator must amend the information it holds in respect of the relevant participants. Mergers of public bodies 3.—(1) Sub-paragraphs (2) to (4) apply where a participant (“A”) merges with another participant (“B”) in year 1 (“the merger”) to form a new public body (“C”). (2) C must notify the administrator of the merger. (3) C must— (a) apply for registration as a participant in accordance with article 11; and (b) comply with this Order as if C existed for the whole of year 1. (4) On the registration of C, the administrator must cancel the registration of A and B for the remainder of the phase. PART 3 Undertakings

SECTION 1 Post-qualification period Time for applications 1. Where an application for registration is required under this section(a), that application must be made in accordance with article 12. Participant equivalents leaving a group but not joining another group 2.—(1) Sub-paragraph (2) applies to a group (“A”) where the following change occurs in the post-qualification period— (a) a participant equivalent (“B”) leaves A; and (b) B does not become a member of another group. (2) In respect of the change— (a) B must— (i) apply to be registered as a participant in accordance with article 11; and (ii) when doing so notify the administrator that it was a member of A and when it ceased to be so; (a) This section applies to an undertaking or a group of undertakings further to article 27(2). 59 (b) A must— (i) apply to be registered as a participant in accordance with article 11; and (ii) when doing so notify the administrator that B was a member of A and when it ceased to be so. Joining of a participant or participant equivalent with a non-participant 3.—(1) Sub-paragraph (2) applies to a participant or participant equivalent (“C”) where the following change occurs in the post-qualification period— (a) C becomes a member of another group or undertaking (“D”); and (b) D is not required to register under article 24. (2) In respect of the change— (a) C or D must— (i) apply for registration as a participant in accordance with article 11; and (ii) when doing so notify the administrator that C is a member of D and when that occurred; (b) D is only a participant in respect of C when D registers on behalf of C. Joining of a participant with another participant 4.—(1) Sub-paragraphs (2) applies to a participant (“E”) where the following change occurs in the post-qualification period— (a) E becomes a member of another group or undertaking (“F”); and (b) F is required to register under article 24 but has not applied for registration. (2) In respect of the change, F must— (a) apply for registration as a participant in accordance with article 11; (b) when doing so notify the administrator that E is a member of F and when that occurred; (c) in that notification by F under paragraph (b) F must inform the administrator whether or not F requests that E may apply for registration as a separate participant; and (d) in respect of the information required under paragraph 6 of Schedule 4, include the information which applied to E in the qualification year. (3) Where a request is made under sub-paragraph (2)(c), that must be treated as an application for registration under article 26(2). Participant equivalents leaving a group and joining another group 5.—(1) Sub-paragraphs (2) to (4) apply to a participant equivalent (“B”) of a group (“H”) where— (a) B joins another group (“J”) in the post-qualification period; and (b) H and J are groups to which article 27(2) applies. (2) In respect of the change H and J must— (a) apply for registration as participants in accordance with article 11; and (b) when doing so notify the administrator of the change and when it occurred; and (c) in the notification by J under paragraph (b), it must inform the administrator whether or not J requests that B may apply for registration as a separate participant. (3) Where a request is made under sub-paragraph (2)(c), that must be treated as an application for registration under article 26(2). (4) In respect of the information required under paragraph 6 of Schedule 4, J must include the information which applied to B in the qualification year. 60

SECTION 2 Annual reporting years and post-application periods Application during annual reporting years and post-application periods 6.—(1) This section applies where any of the changes described in this section occur to that participant in the annual reporting year or in the post-application period. (2) Except as otherwise provided in this section, where a participant is a group— (a) the members of the group are those members from time to time during the annual reporting year or the post-application period; (b) CRC supplies must be determined in relation to the supplies of electricity or gas to members of the group only for such time as they are members during the year. Notifications and applications: time to comply and the administrator 7.—(1) A notification required under this section must be made using the Registry and no later than the earliest of the following dates— (a) the last working day of April in the year immediately following the year of the change occurring; (b) within 3 months of the change occurring. (2) An application for registration required under this section must be made no later than the last working day of April in the year immediately following the year of the change occurring. (3) On the receipt of such notification or application for registration, the administrator must amend the information it holds in respect of the relevant participants. Determinations 8. The administrator may make a determination(a)— (a) whether any change as described in this section has occurred; (b) whether a notification or application for registration is required as provided under this section. Participant equivalents becoming participants 9.—(1) Sub-paragraphs (2) and (3) apply where the following change occurs— (a) a participant (“A”) consists of a group; (b) a participant equivalent (“B”) leaves that group; and (c) B does not become a member of another group. (2) In respect of the change— (a) B must apply for registration as participants in accordance with article 11; (b) A and B must notify the administrator of the change and when it occurred. (3) Where the change occurs in an annual reporting year, B must provide an annual report in respect of the annual reporting year as if B were a participant for the whole of that year. Joining of a participant or participant equivalent with a non-participant 10.—(1) Sub-paragraphs (2) to (8) apply where the following change occurs— (a) Such a determination must be made in accordance with article 57(2). 61 (a) a participant or participant equivalent (“C”) becomes a member of a group (“D”); and (b) D is not a participant. (2) In respect of the change, where C is a participant— (a) C must notify the administrator of the change and when it occurred; or (b) D must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred. (3) In respect of the change, where C is a participant equivalent— (a) C must— (i) apply for registration as a participant in accordance with article 11; and (ii) notify the administrator of the change and when it occurred; or (b) D must— (i) apply for registration as a participant in accordance with article 11; and (ii) notify the administrator of the change and when it occurred. (4) Where— (a) D applies for registration under sub-paragraph (2)(b) or (3)(b); and (b) C is a participant, C’s registration is cancelled. (5) Where— (a) D does not apply for registration under sub-paragraph (2)(b) or (3)(b); and (b) C is a participant, C’s registration is not cancelled. (6) Where— (a) the change occurs in an annual reporting year; and (b) D has registered on behalf of C, D must provide an annual report in respect of those emissions that relate to C and as if C were a member of D for the whole of that year. (7) Where— (a) the change occurs in an annual reporting year; and (b) D has not registered on behalf of C, C must provide an annual report in respect of those emissions that relate to C for the whole of that year. (8) Where a non participant equivalent member of C is a participant, that member— (a) continues as a participant; or (b) must— (i) notify the administrator of the change and when it occurred; and (ii) in the notification, inform the administrator whether or not its registration is to be cancelled. (9) Sub-paragraphs (10) to (12) apply where the following change occurs— (a) a participant equivalent (“C”) is a member of a participant (“A”); (b) C becomes a member of a group (“D”); and (c) D is not a participant. (10) In respect of the change— (a) A and D must notify the administrator of the change and when it occurred and D must apply for registration as a participant in accordance with article 11; or 62 (b) C must apply for registration as a participant in accordance with article 11 and notify the administrator of the change and when it occurred. (11) Where— (a) the change occurs in an annual reporting year; and (b) D has registered on behalf of C, D must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiary undertakings that become a member of D and as if C were a member of D, for the whole of that year. (12) Where— (a) the change occurs in an annual reporting year; and (b) D has not registered on behalf of C, C must provide an annual report in respect of those emissions that relate to C and any of C’s subsidiaries that become a member of D, for the whole of that year. Joining of a participant as a member of another participant 11.—(1) Sub-paragraphs (2) to (4) apply where the following change occurs— (a) a participant (“E”) becomes a member of a group (“F”); and (b) F is a participant. (2) In respect of the change— (a) E and F must notify the administrator of the change and when it occurred; and (b) in the notification by F, F must inform the administrator whether or not F requests that E continues as a separate participant. (3) Where F requests that E continues as a separate participant under sub-paragraph (2)(b), E and F continue as separate participants. (4) Where E and F do not continue as separate participants— (a) E is a member of F for the whole of the year of the phase in which the change occurs; (b) subject to the administrator being satisfied that E and F are complying with this Order, the administrator must cancel the registration of E for the remainder of that phase. Participant equivalents transferring to another participant 12.—(1) Sub-paragraphs (2) and (3) apply where the following change occurs— (a) a participant (“G”) consists of a group; and (b) a participant equivalent (“H”) which was a member of G becomes a participant equivalent as a member of another participant (“J”). (2) In respect of the change— (a) G and J must notify the administrator of the change and when it occurred; (b) in the notification of J, J must inform the administrator whether or not J requests that H may apply for registration as a separate participant; and (c) if such a request is made, H must apply for registration as a participant in accordance with article 11. (3) Where H is not registered as a separate participant, H is treated as if it were a participant equivalent as a member of J for the whole of the year in which the change occurs. Trustees: separate participation 13.—(1) Sub-paragraphs (2) and (3) apply where— (a) a public body or undertaking (“T”) is a trustee of a relevant trust; and 63 (b) T is required to register as a participant, whether on its own or as a member of a group. (2) Sub-paragraph (3) applies where— (a) during or after the first year of a phase, T applies for registration as a separate participant in respect of any scheme activities of any relevant trust of which T is a trustee; and (b) the administrator is satisfied that the application has been duly made. (3) Where this sub-paragraph applies, the administrator must register T as a separate participant in respect of— (a) any scheme activities of any relevant trust of which T is the trustee; and (b) any other scheme activities of T. (4) In this paragraph, “relevant trust” means a trust where— (a) the assets of the trust include premises to which a supply of electricity or gas is made; (b) the trust is not managed by an operator; (c) no beneficiary of the trust is entitled to half or more of the assets of the trust; and (d) the trust carries on a scheme activity. SCHEDULE 6 Article 50 The Registry Setting up accounts 1.—(1) The administrator must ensure the Registry allows the following accounts to be held— (a) a compliance account for a participant; and (b) as agreed by the administrator— (i) additional accounts for a participant; and (ii) accounts for third parties. (2) The administrator may— (a) limit the number of accounts in respect of a participant or third party; and (b) set up other accounts. (3) The administrator must set up one compliance account for a participant where— (a) it has registered an applicant as a participant; and (b) it has completed to its satisfaction the identity checks required under article 52(2). (4) The public body or undertaking in whose name an account is held is the account holder. Account holders and information 2. The administrator must ensure that the Registry provides the following information— (a) to an account holder— (i) the number of allowances it holds; and (ii) a summary of any transfer, surrender or cancellation of allowances relating to that account holder made during the previous five years; (b) to a participant, its CRC emissions— (i) from CRC supplies in its most recent annual report, where so provided; (ii) from CRC supplies determined under article 33(2); or 64 (iii) applied under article 74(4)(a); (c) to a participant— (i) the number of allowances in its compliance account which are available to comply with Part 4; and (ii) matters notified to the participant by the administrator. Recording of transfers between accounts 3. The administrator must ensure that the Registry records the transfer of allowances between accounts made by account holders and to make that record— (a) for a transfer made on a working day, if possible, that working day or otherwise the following working day; (b) for a transfer made on a non-working day, if possible the following working day or otherwise the next following working day. Updating of accounts 4. The administrator must ensure that the cancellation and surrender of allowances is recorded in the relevant accounts and that record is made as soon as practicable. Non-compliance accounts and third party accounts 5.—(1) A participant may request the administrator to provide accounts for it in the Registry in addition to a compliance account, on terms agreed by the administrator. (2) A person who is not a participant (“a third party”) may request the administrator to provide accounts for it in the Registry on terms agreed by the administrator. (3) Such terms must require that the participant or third party complies with any administrative rules drawn up by the administrator under article 50(4). SCHEDULE 7 Article 93 Appeals procedure

SECTION 1 Procedure for appeals against determinations, notices or penalties made or given by the Scottish Environment Protection Agency 1. This section applies to appeals against determinations, notices or penalties made or given by the Scottish Environment Protection Agency. 2. A person who wishes to appeal to the Scottish Ministers (“the appeal body”) under article 87 must give to the appeal body written notice of the appeal together with a statement of the grounds of appeal. 3. The appeal body must as soon as is reasonably practicable send to the administrator a copy of that notice and statement. 4. An appellant may withdraw an appeal by notifying the appeal body and the appeal body must as soon as is reasonably practicable notify the administrator. 5. Notice of appeal in accordance with paragraph 2 is to be given before the expiry of the period of 40 calendar days after the date of— 65 (a) the determination referred to in article 57(1); (b) service of an enforcement notice; (c) imposition of a civil penalty.

SECTION 2 Procedure for appeals against determinations, notices or penalties made or given by the chief inspector or the Department of the Environment 6. This section applies to appeals against determinations, notices or penalties made or given by— (a) the chief inspector; (b) the Department of the Environment. 7. A person who wishes to appeal to the Planning Appeals Commission (“the appeal body”) under article 87 must give to the appeal body written notice of the appeal together with a statement of the grounds of appeal. 8. The appeal body must as soon as is reasonably practicable send to the administrator a copy of that notice and that statement. 9. An appellant may withdraw an appeal by notifying the appeal body and the appeal body must as soon as is reasonably practicable notify the administrator. 10. Notice of appeal in accordance with paragraph 7 is to be given before the expiry of the period of 47 calendar days beginning with the date of— (a) the determination referred to in article 57(1); (b) service of an enforcement notice; (c) imposition of the civil penalty. 11. The appeal body must determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991(a) apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order. 12. The Planning Appeals Commission must determine the process for determining appeals taking into account any requests of either party to the appeal. 13. An appeal under this section must be accompanied by a fee and Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 has effect as if the reference to an appeal under that Order included a reference to an appeal under this Order.

SECTION 3 Procedure for appeals against determinations, notices or penalties made or given by the Welsh Ministers or the Scottish Ministers 14. This section applies where the appellant is or includes— (a) the Natural Resources Body for Wales; (b) the Scottish Environment Protection Agency. 15. Where the appellant wishes to appeal to an independent person appointed by the Welsh Ministers or the Scottish Ministers under article 89(3) (“the appeal body”) the appellant must give written notice of the appeal together with a statement of the grounds of appeal. (a) S.I. 1991/1220 (N.I. 11). 66 16.—(1) Where the appellant is or includes the Natural Resources Body for Wales, the notice of appeal in accordance with paragraph 15 is to be given before the dates described in sub-paragraph (2). (2) The dates referred to in sub-paragraph (1) are 28 calendar days after the date of— (a) the determination referred to in article 57(1); (b) service of an enforcement notice; (c) imposition of the civil penalty. 17.—(1) Where the appellant is or includes the Scottish Environment Protection Agency, the notice of appeal in accordance with paragraph 15 is to be given before the dates described in sub- paragraph (2). (2) The dates referred to in sub-paragraph (1) are 40 calendar days after the date of— (a) the determination referred to in article 57(1); (b) service of an enforcement notice; (c) imposition of the civil penalty. 18. The appeal body may decide an appeal received late. 19. An appellant may withdraw an appeal by notifying the appeal body, and as soon as is reasonably practicable the appeal body must notify the administrator. 20. The appeal body may publicise the appeal where it considers it appropriate to do so. 21. The Welsh Ministers or the Scottish Ministers as appropriate must appoint an independent person to hear an appeal on behalf of that body. 22. The appeal body may— (a) adopt such procedures as it sees fit to determine an appeal, taking into account any requests of the parties to the appeal; (b) request an independent person to make a determination in relation to any subject matter of the appeal. 23. On request by the administrator, the appeal body may award the administrator its reasonable costs of an appeal where the appeal body has given the appellant written notice that in its opinion— (a) the appeal is frivolous or vexatious or otherwise has no reasonable prospects of success; or (b) the appeal is conducted in an unreasonable or vexatious manner. 24. The costs under paragraph 23— (a) are those agreed by the parties to the appeal or in default of agreement, as found by the appeal body; (b) if unpaid, are recoverable as a civil debt by the administrator.

SCHEDULE 8 Article 94 Service of documents 1. The provisions of this Schedule apply to the service of a document. 2. A document must be in writing. 67 3. Subject to paragraph 5, a document may be served on or given to a person (which includes a member of an unincorporated association) by— (a) delivering it to that person in person; (b) leaving it at that person’s proper address; or (c) sending it by post or electronic means to that person’s proper address. 4. For the purposes of paragraph 3, a document is served on or given to a person under paragraph 3 in the case of— (a) a body corporate, where it is served on or given to the director, secretary or clerk of that body; (b) a partnership, where it is served on or given to a partner or a person having control or management of the partnership business; (c) an unincorporated association, where it is served on or given to a person having management responsibilities in respect of the association. 5. A document may be served on an applicant or participant by sending it to the email address provided under paragraph 2, 3(a)(ii) or (b) or 4 of Schedule 4, as applicable to the applicant or participant. 6. Except where paragraph 5 applies, if a person to be served with or given a document has specified an address in the United Kingdom (other than that person’s proper address) as one at which that person or someone on that person’s behalf will accept documents of that description, that address must instead be treated as that person’s proper address. 7. For the purposes of paragraph 3, the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom. 8. Where— (a) a participant is a group; and (b) the administrator gives any communication to the public body or undertaking in whose name the compliance account is set up under article 55, that communication is made to each member of the group. SCHEDULE 9 Article 96 Amendments to the CRC Energy Efficiency Scheme Order 2010 1. The 2010 Order is amended as follows. 2. In article 3 (interpretation)— (a) for the definition of “allowance”, substitute— ““allowance” means a tradeable allowance issued under regulation 10 of the 2012 Regulations;”; (b) for the definition of “CCA emissions”, substitute— ““CCA emissions” has the meanings given by paragraph 12(3) of Schedule 5, as that paragraph had effect before its amendment by the 2013 Order;”; (c) for the definition of “core supply”, substitute— ““core supply” means a supply of electricity or gas described in Schedule 2, as that Schedule had effect before its amendment by the 2013 Order;”; 68 (d) for the definition of “EU ETS emissions”, substitute— ““EU ETS emissions” has the meanings given by paragraph 12(2) of Schedule 5, as that paragraph had effect before its amendment by the 2013 Order;”; (e) for the definition of “EU ETS installation”, substitute— ““EU ETS installation” means— (a) an activity or installation within the 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;”; (f) for the definition of “footprint report”, substitute— ““footprint report” has the meaning given by article 39(1)(a), as that article had effect before its amendment by the 2013 Order;”; (g) for the definition of “footprint supplies”, substitute— ““footprint supplies” has the meaning given by article 41(5), as that article had effect before its amendment by the 2013 Order;”; (h) in the definition of “franchise”, after “franchise premises,”, insert ““franchise supply”,”; (i) for the definition of “performance table”, substitute— ““performance table” has the meaning given by article 77(1), as that article had effect before its amendment by the 2013 Order;”; (j) for the definition of “qualifying electricity”, substitute— ““qualifying electricity” means electricity supplied to a public body or undertaking in accordance with sections 1 to 5 of Schedule 1, measured by a settled half hourly meter;”; (k) for the definition of “residual measurement list”, substitute— ““residual measurement list” has the meaning given by article 44(4), as that article had effect before its amendment by the 2013 Order;”; (l) for the definition of “residual supplies”, substitute— ““residual supplies” has the meaning given by article 44(5), as that article had effect before its amendment by the 2013 Order;”; (m) for the definition of “settled half hourly meter”, substitute— ““settled half hourly meter” applies in relation to a supply of electricity and has the meaning given by paragraph 2(1) of Schedule 2, as that paragraph had effect before its amendment by the 2013 Order;”; (n) omit the definitions of “community tradeable emissions”, “core emissions”, “daily meter”, “dynamic supply”, “early action”, “footprint emissions”, “fuel”, “hourly meter”, “non-settled half hourly meter” and “relative change”; (o) at the appropriate place, insert the following definitions— ““the 2012 Regulations” means the CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2012(a);” ““the 2013 Order” means the CRC Energy Efficiency Scheme Order 2013(b);” ““Academy” has the same meaning it has in section 579 of the Education Act 1996(c);” ““CCA certification period” means the period beginning on 1st April 2011 and ending on 31st March 2013;” (a) S.I. 2012/1386. (b) S.I. 2013/1119. (c) 1996 c.56. Section 597 was amended by section 14 and paragraphs 1 and 6 of Schedule 2 to the Academies Act 2010 (c. 32). 69 ““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;” ““local authority” has the same meaning it has in paragraph 7 of Schedule 1 to the 2000 Act;” ““maintained nursery school” has the same meaning it has in paragraph 52 of Schedule 1 to the 2000 Act(a);” ““maintained school” has the same meaning it has in paragraph 52 of Schedule 1 to the 2000 Act(b);” ““specified facility certificate” means a certificate given by the Secretary of State to Her Majesty’s Revenue and Customs under paragraph 44(1)(a) of Schedule 6 to the Finance Act 2000 for the CCA certification period(c);”. 3. For paragraph (a) of article 4 (supplies and emissions), substitute— “(a) whether a supply is made of electricity or gas;”. 4. In article 5 (registration and requirements of participants and others)— (a) omit paragraph 3(a); (b) omit paragraph 4(a); (c) for paragraph 4(d), substitute— “(d) Schedule 5 (information on registration);”. 5. In article 6(b) (powers and duties of the administrator), substitute— “(b) Part 10 to publish information relating to a participant’s performance;”. 6.—(1) Article 9 (the administrator) is amended as follows. (2) In the table of provisions— (a) in column 1— (i) for “Parts 4 to 6 except articles 39(3) and 47(3)”, substitute “Parts 5 and 6 except article 47(3)”; (ii) for “Articles 59(2), 68 to 73”, substitute “Articles 59(1), 68 to 73”; (b) in column 2, omit “39(3)”. 7. For article 12 (time for applications), substitute— “Time for application 12. Subject to article 27(2), an application for registration as a participant under this Part must be made no later than 2 months before the beginning of the phase.”. 8.—(1) Part 3 (exemptions) is amended as follows. (2) In article 29(1)(b) (CCA emissions and target periods), omit “subject to article 36,”. (3) In paragraph (1)(a)(ii) of article 30 (total emissions), for “, gas and fuel” substitute “and gas”. (4) For article 31 (electricity generating credits), substitute— (a) The definition of “maintained nursery school” in the Freedom of Information Act 2000 (c. 36) derives from the School Standards and Framework Act 1998 (c. 31). (b) The definition of “maintained school” in the Freedom of Information Act 2000 (c. 36) derives from the School Standards and Framework Act 1998 (c. 31). (c) 2000 c. 17. Paragraph 441(1)(a) was substituted by section 207(a) and paragraphs 1 and 2 of Schedule 31 to the Finance Act 2012 (c. 14). 70 “Electricity generating credit 31.—(1) In article 30, “electricity generating credit” applies where— (a) an applicant generates electricity without using an excluded fuel; (b) the applicant is not issued with a ROC and is not in receipt of a financial incentive made by virtue of the Energy Act 2008(a) in respect of that generation; (c) the generation does not occur at a place described in paragraph (3); and (d) the electricity generated is supplied to a public body or undertaking and that supply is a supply of electricity under paragraph 1 or 6 of Schedule 1, such electricity being “the generated and supplied electricity”. (2) Electricity generating credit is the amount of emissions calculated in accordance with paragraph 29 of Schedule 1 in respect of the generated and supplied electricity. (3) The places referred to in paragraph (1) are— (a) an EU ETS installation where electricity is generated; (b) a nuclear power station; (c) a hydro-generating station which was ineligible for a ROC. (4) In this article— “excluded fuel” means any fuel that has been or should be reported by the applicant in its annual report and any fuel included in the applicant’s residual measurement list; “hydro-generating station” has the meaning given by article 2(1) of the Renewables Obligation Order 2009(b) and as if that article applied to Scotland and Northern Ireland. ”. (5) After article 34 (group CCA exemptions), insert— “First phase participant exemptions 34A.—(1) Where in a year of the first phase the member of a participant to which a member CCA exemption applies does not have energy use or carbon emissions subject to a CCA target, the member CCA exemption applies in any subsequent year of the phase where the member operates a facility that is specified in a specified facility certificate. (2) Where in a year of the first phase, a participant which has a general CCA exemption does not have energy use or carbon emissions subject to a CCA target, the general CCA exemption applies in any subsequent year of the phase where the participant operates a facility that is specified in a specified facility certificate.”. (6) Omit article 36 (requirements for exemption to apply: exception). (7) For article 37(1) (effect of exemptions and records), substitute— “(1) Subject to article 38, as a participant, an applicant is exempt from Parts 5 to 7 of this Order for the phase where a general CCA exemption applies to it.”. (8) In article 38 (loss of exemptions and further exemptions)— (a) for paragraphs (2) and (3), substitute— “(2) Where in a year of a phase, the member of a participant to which a member CCA exemption applies does not operate a facility that is specified in a specified facility certificate, the member CCA exemption does not apply— (a) in the next year of the phase; and (b) any subsequent year where the member does not operate a CCA facility that is specified in a specified facility certificate. (a) 2008 c. 32. (b) S. I. 2009/785. 71 (3) Where in a year of a phase, a participant which has a general CCA exemption does not operate a CCA facility that is specified in a specified facility certificate, the general CCA exemption does not apply— (a) in the next year of the phase; and (b) any subsequent year where the participant does not operate a facility that is specified in a specified facility certificate.”; (b) in paragraph (5), omit “, as applicable, the footprint report or”. 9. Omit Part 4 (footprint reports and residual measurement lists). 10.—(1) Part 5 is amended as follows. (2) For article 48 (member CCA exemptions), substitute— “Member CCA exemptions 48. Where a participant has a member CCA exemption, supplies of electricity and gas under article 50 excludes any supplies or emissions of a member of the group to which a member CCA exemption applies.”. (3) For article 49 (annual report), substitute— “Annual report 49.—(1) A participant must provide in the annual report— (a) the amount of supplies under article 50(2); (b) whether or not the following apply to the participant— (i) an estimation adjustment; or (ii) renewables generation, and, if so, the amount of each supply to which the adjustment applies and the amount of the renewables generation; and (c) whether or not electricity generating credit applies to the participant and, if so, the amount of the generated and supplied electricity. (2) In addition to the information in paragraph (1), local authority participants in England must provide the following information by 30th November 2013 as a supplement to the annual report for the third annual reporting year in the first phase— (a) the amount of the supplies in article 50(2) that are measured by a settled half hourly meter; (b) the amount of the supplies in article 50(2) that are supplied to— (i) Academies; (ii) city technology colleges; (iii) city technology colleges for the technology of the arts; (iv) maintained schools; (v) maintained nursery schools; (c) the amount of the supplies in sub-paragraph (b) that are measured by settled half hourly meters.”. (4) For article 50 (CRC emissions), substitute— “CRC emissions 50.—(1) “CRC emissions” means the emissions calculated in accordance with paragraph 29 of Schedule 1 from CRC supplies. 72 (2) “CRC supplies” means the supplies of electricity and gas supplied to a participant in accordance with sections 1 to 3 of Schedule 1 and the additions in section 6 of that Schedule less the deductions of any electricity generating credits and the deductions under sections 4 and 5 of that Schedule but excluding— (a) supplies of gas made to an EU ETS installation; and (b) supplies of electricity and gas made to a facility specified in a specified facility certificate. (3) The lowest value of CRC emissions is zero.”. 11.—(1) Part 6 (allowances and CRC emissions) is amended as follows. (2) After paragraph (3) of article 52 (validity of allowances), insert— “(4) A participant must acquire the additional allowances from a special allocation or from a third party. (5) In paragraph (4), “special allocation” means the issue of allowances conducted by the Environment Agency under regulation 10 of the 2012 Regulations.”. (3) In sub-paragraph (a) of article 53(3) (allowances and CRC emissions), for “July” substitute “October”. (4) In article 54 (cancellation of allowances and surplus surrendered allowances)— (a) for paragraph (2)(b), substitute— “(b) subject to article 52— (i) are to be treated as surrendered in respect of the subsequent year (“year 2”) in which the participant is required to comply with article 53 where that year is in the same phase; and (ii) must be cancelled by the administrator in accordance with sub-paragraph (1) before any other allowances which are surrendered.”; (b) after paragraph (3), insert— “(4) Where— (a) a participant surrenders to the cancellation account surplus allowances; and (b) the account holder makes a request to the Secretary of State for the repayment of the balance, the Secretary of State may repay the balance to the account holder. (5) Any repayment made by the Secretary of State under paragraph (4) may be subject to a deduction of any banking charges incurred during that transaction.”. (5) In article 55 (allowances and trading)— (a) in paragraph (1), for “paragraphs (2) and (3)”, substitute “paragraph (2)”; (b) omit paragraph (3). (6) Omit article 56 (community tradeable allowances). 12. In paragraph (a) of article 58 (records), omit “and section 2 of Schedule 5”. 13. In article 59 (records: residual measurements lists and public disclosure)— (a) in the heading, for “Records: residual measurements lists and public disclosure”, substitute “Records: public disclosure”; (b) omit paragraph (1). 14. For article 61 (supplies of electricity, gas and fuel under Part 8), substitute— 73 “Supplies of electricity and gas under Part 8 61. In this Part except articles 62 and 63, information which may be requested or required in respect of a supply of electricity or gas includes information relating to all sections of Schedule 1.”. 15. For Part 10 (achievement and performance tables, publication and verification), substitute— “PART 10 Performance information and publication Publication of performance information 75. The administrator may, for each annual reporting year, publish information on a participant’s performance in relation to its energy efficiency achievements on the basis of the information— (a) contained in the participant’s annual report; or (b) submitted as part of the information described in Schedule 5. Further publication 76.—(1) Paragraph (2) applies where an appeal is made against— (a) a determination under article 47(3); (b) the imposition of a penalty described in article 97(4)(a)(ii). (2) Where this paragraph applies— (a) the administrator may publish a list of those participants which have in respect of the annual reporting year made any such appeal; (b) subject to paragraph (3), where any such appeal results in the information published under article 75 being changed, the administrator must as soon as possible publish the amended information. (3) Publication under paragraph (2)(b) must not take place until the completion of all such appeals made by all participants. (4) The administrator may publish amended information at any time where it discovers any error or omission in the published information.”. 16.—(1) Part 14 (civil penalties) is amended as follows. (2) Omit article 96 (failures in respect of footprint reports). (3) In sub-paragraph (a) of article 98(1) (failures to provide information or notifications), omit “section 1 of”. (4) In article 99 (inaccurate footprint reports and annual reports)— (a) in the heading, “Inaccurate footprint reports and annual reports”, substitute “inaccurate annual reports”; (b) for paragraph (1), substitute— “(1) the penalties in paragraph (3) apply where a participant provides an inaccurate annual report contrary to article 47.”; (c) omit paragraph (4). 17.—(1) Schedule 1 (supplies and emissions) is amended as follows. (2) In section 1 (electricity, gas and fuels: general)— (a) in the heading “Electricity, gas and fuels: general”, substitute “Electricity and gas: general”; 74 (b) in paragraph 1 (electricity)— (i) in sub-paragraph (1)(c), omit “or is a dynamic supply”; (ii) for sub-paragraph (3) (electricity), substitute— “(3) In sub-paragraph (1)(c), “metering device” means— (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 BSCP516(a)— (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) for paragraph 2(3) (gas), substitute— “(3) In sub-paragraph (1)(c), a “metering device” is 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.”; (d) omit paragraphs 3 (fuels) and 4 (fuels table); (e) for paragraph 5 (measurement units), substitute— “Measurement units 5. Where in this Order information must be provided concerning a supply of electricity or gas, the amount of that supply must be expressed in kWh.”. (3) In section 3 (franchise agreements), wherever “, gas or fuel” appears substitute in each case “or gas”. (4) In section 4 (deductions from supplies)— (a) wherever “, gas or fuel” appears substitute in each case “or gas”; (b) for paragraph 22 (purposes of transport), substitute— “Purposes of transport 22.—(1) In paragraph 19, electricity or gas is consumed for the purposes of transport where it is used— (a) by a road going vehicle, a vessel, an aircraft or a train; (b) in relation to railways, for network services except where electricity or gas is used to provide power, heat or light to a building; or (c) to provide power for the operation of a conveyor belt which is— (i) at least 8 kilometres in length; and (ii) used to transport materials to an off site facility from which facility the materials will be transported on a railway or a vessel using inland waters. (2) The following definitions have effect for the purposes of sub-paragraph (1)— “aircraft” means a self-propelled machine that can move through the air other than against the earth’s surface; “inland waters” means— (a) any river, steam or other watercourse, whether natural or artificial and whether tidal or not; (a) Balancing and Settlement Code. BSC Procedure. Allocation of profile classes & SSCs for non-half hourly SVA metering systems registered in SMRs. BSCP5/6. Version 7.0. 26 June 2008. 75 (b) any lough, lake or pond, whether natural or artificial, and any reservoir or dock; and (c) any channel, creek, bay, estuary or arm of the sea; “network services” has the same meaning it has in section 82 of the Railways Act 1993(a) but as if section 82(3)(h) of that Act did not apply; “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992(b); “road going vehicle” means any vehicle— (a) in respect of which a vehicle licence is required under the Vehicle Excise and Registration Act 1994(c); (b) which is an exempt vehicle under that Act; or (c) which is required to display a certificate of Crown exemption under regulation 31 of the Road Vehicles (Registration and Licensing) Regulations 2002(d); “train” has the same meaning it has in section 83 of the Railways Act 1993; “vessel” means any boat or ship which is self-propelled and operates in or under water. Consumption of gas for purposes other than heating 22A. A is not supplied with gas to the extent that supply is consumed by A for purposes other than for the purposes of heating. Purposes of heating 22B.—(1) In paragraph 22A, gas is consumed for the purposes of heating where it is used as part of a process where the primary purpose of that process is the generation of heat. (2) Gas used in the process of combined heat and power generation is not consumed for the purposes of heating. Minimal gas heating supply levels 22C.—(1) Sub-paragraph (2) applies where the amount of gas supplied to A for the purposes of heating is less than 2% of the amount of electricity supplied to A in the first annual reporting year of a phase (“minimal gas heating supply”). (2) Where this sub-paragraph applies, A may decide that minimal gas heating supply is not consumed for the purposes of heating. (3) A decision under sub-paragraph (2)— (a) may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase; (b) must not be altered during the phase.”. (5) In section 5 (deductions from supplies during the first phase in Northern Ireland), wherever “, gas or fuel” appears substitute in each case “or gas”. (6) In section 6 (additions to supplies: estimation adjustments)— (a) in paragraph 25(1) (additions to supplies), for “, gas or fuel” substitute “or gas”; (b) omit paragraph 27 (estimation adjustment: fuels). (7) In section 7 (renewables generation and amount of emissions from supplies)— (a) 1993 c. 43. (b) 1992 c. 42. (c) 1994 c. 22. (d) S. I. 2002/2742. 76 (a) for paragraph 28(1)(b)(ii) (renewables generation: electricity), substitute— “(ii) A is in receipt of a financial incentive made by virtue of a scheme under section 41 of the Energy Act 2008(a); and”; (b) for paragraph 29 (amount of emissions), substitute— “Amount of emissions 29. The emissions in tCO2 from an amount of electricity or gas supplied is found by applying to that amount the relevant conversion factor.”; (c) in paragraph 30(a) (conversion factors), for “www.decc.gov.uk”, substitute “www.gov.uk/decc”. 18. Omit Schedule 2 (core supplies). 19.—(1) Schedule 3 is amended as follows. (2) For paragraph 4(1) (public bodies: proprietors of Academies and colleges), substitute— “(1) The proprietor of— (a) an Academy; (b) a city college for the technology of the arts or city technology college, is a public body.”. (3) In paragraph 8 (educational bodies: England and Wales), omit sub-paragraph (2). (4) For paragraph 10 (government and local authority decisions), substitute— “Government and local authority decisions 10.—(1) Except in relation to the Treasury and Her Majesty’s Revenue and Customs, the Secretary of State may make a government decision in relation to a government department. (2) The Treasury may make a government decision in relation to the Treasury. (3) Her Majesty’s Revenue and Customs may make a government decision in relation to Her Majesty’s Revenue and Customs. (4) Where— (a) the Secretary of State, the Treasury or Her Majesty’s Revenue and Customs intend to make a government decision described in paragraph 14(2)(a) in relation to a public authority described in Part VI of Schedule 1 to the 2000 Act; and (b) that authority exercises functions partly other than in England, the Secretary of State, the Treasury or Her Majesty’s Revenue and Customs must consult, as applicable, the Scottish Ministers, the Welsh Ministers or the relevant Northern Ireland department before making the decision. (5) The Secretary of State, the Treasury or Her Majesty’s Revenue and Customs must not make a government decision in relation to a public body which exercises functions wholly in Scotland, Wales or Northern Ireland. (6) A local authority decision may be made by— (a) the Secretary of State in relation to a local government public body or a local government group in England; (b) the Welsh Ministers in relation to a local government public body or a local government group in Wales. (7) A government decision— (a) must not be made such that a public body, on its own or part of a group— (a) 2008 c. 32. 77 (i) which is a participant, is no longer a participant; (ii) which is required to be a participant, is no longer to be a participant; (b) may be made for the better administration of the scheme.”. (5) In paragraph 15(1)(a) (government decisions: supplies and departments), for “, gas or fuel” substitute “or gas”. (6) In paragraph 16(1) (local authority decisions), for “In paragraph 10(5)” substitute “In paragraph 10(6)”. 20.—(1) Schedule 5 (information) is amended as follows. (2) For the heading “Information”, substitute “Information on registration”. (3) Omit the headings “Section 1” and “Information on registration”. (4) Omit section 2. 21.—(1) Schedule 6 (changes to participants) is amended as follows. (2) Wherever “, gas or fuel” appears, substitute “ or gas”. (3) In Part 1— (a) in paragraph 6 (creation of a new department: after year 2), omit sub-paragraph (2); (b) omit paragraph 10 (transfers: year 2); (c) in paragraph 12 (mergers of departments), omit sub-paragraph (3). (4) In Part 2, paragraph 3 (mergers of public bodies), omit sub-paragraph (3). (5) In Part 3— (a) in sub-paragraph 3(b) (joining of undertakings with a group which is not required to register as a participant), omit “and non-settled half hourly meters”; (b) omit sub-paragraph (3) of paragraph 7 (notification and applications: time to comply and the administrator); (c) for sub-paragraph (3) of paragraph 9 (significant group undertakings becoming participants), substitute— “(3) Subject to sub-paragraph (4), where the change occurs in an annual reporting year, B must provide an annual report in respect of the annual reporting year as if B was a participant for the whole of that year.”; (d) in paragraph 10 (joining of a participant or significant group undertaking with a non- participant)— (i) for sub-paragraph (3), substitute— “(3) Subject to sub-paragraph (6), where the change occurs in an annual reporting year, D must provide an annual report in respect of the year but only in respect of those emissions which relate to C and as if C was a member of D for the whole of that year.”; (ii) omit sub-paragraphs (4) and (5); (iii) for sub-paragraph (6)(b), substitute “sub-paragraph (3) does not apply to D;”; (e) in paragraph 11 (joining of a participant as a member of another participant)— (i) omit sub-paragraphs (5) and (6); (ii) for sub-paragraph (7), substitute— “(7) “Where E and F do not continue as separate participants and E had a general or group CCA exemption, F has a member CCA exemption in respect of E.”; (f) in paragraph 12 (significant group undertakings transferring to another participant)— (i) in sub-paragraph (1), for “sub-paragraphs (2) to (5) apply”, substitute “sub-paragraph (2) applies”; (ii) omit sub-paragraphs (5) and (6). 78 22. Omit Schedule 8 (achievement and performance tables). EXPLANATORY NOTE (This note is not part of the Order) This Order establishes in the United Kingdom an emissions trading scheme in respect of greenhouse gases under sections 44, 46(3), 49 and 90(3) of and Schedule 2 and paragraph 9 of

Schedule 3 to the Climate Change Act 2008 (c. 27). It applies to direct and indirect emissions from supplies of electricity and gas by public bodies and undertakings. PART 1 By article 2, the trading scheme is established for six phases, comprising five consecutive phases, each of five years, where the initial phase commences on 1st April 2014, and a final phase of four years, commencing on 1st April 2039. Article 3 lists definitions used in the Order, including that participants required to comply with this Order means public bodies defined in Schedule 2 and undertakings defined in Schedule 3, where such bodies or undertakings carry on a business, a charitable activity or a public function (“a scheme activity”). Articles 4 to 7 set out obligations on participants and powers and duties of the administrator under this Order and provide that supplies of electricity and gas are defined under Schedule 1. Article 8 provides for liability to comply with this Order for groups of public bodies and undertakings. Article 9 sets out in respect of the provisions of this Order when the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the chief inspector are the administrator. Article 10 provides for co-operation between those bodies and national authorities. PART 2 Article 11 provides how an application for registration as a participant must be made and article 12 by when that application must be made. Under article 13, a certificate of registration is provided to a participant whose application for registration is duly made and a list of participants must be maintained by the administrator. Article 14 provides for applications for registration to be made by government departments, the devolved administrations and certain local authorities and groups including those bodies. Article 15 sets out when a group of other public bodies exists for the purposes of articles 16 and 17 and those articles provide for registration by public bodies and groups of those bodies not subject to article 14. Under article 18, the administrator may determine whether or not a public body is a member of a group. Under articles 19 to 22, separate provision is made for the registration of colleges of a university and universities in England. Article 23 sets out when a group of undertakings exists for the purposes of articles 24 to 25. Articles 24 and 25 provide for applications for registration by groups of undertakings and undertakings not part of a group. Article 26 provides for applications for registration by undertakings or groups of undertakings that are part of a group where that group disaggregates. Article 27 provides for different provisions for applications for registration by undertakings where the organisational changes described in section 1 of Part 3 of Schedule 5 take place. Under article 28, the administrator may determine whether or not an undertaking is a member of a group and whether or not article 27 applies. 79 Article 29 provides for applications for registration by public bodies or undertakings that are trustees of a relevant trust. Article 30 provides for applications for registration by undertakings that are operators who have permission carry on a regulated activity. PART 3 Article 31 requires a participant to provide an annual report concerning supplies during an annual reporting year and provides for the administrator to determine such a report if the participant fails to do so. Article 32 provides for the content of an annual report. The administrator must calculate CRC emissions using the information on supplies in the annual report or as it determines. Article 33 defines CRC supplies. Under article 34, where organisational changes described in Part 1 or 2 or section 2 of Part 3 of Schedule 5 occur, the requirements in that Schedule must be complied with. PART 4 Article 35 provides for the validity of allowances for the purposes of compliance with the provisions of article 36 which require allowances to be surrendered by a participant equal to its CRC emissions in an annual reporting year. Article 37 provides for the cancellation of allowances surrendered and for surplus surrendered allowances. Under article 38 the administrator must maintain records in relation to allowances. PART 5 Articles 39 to 42 provide for the maintenance and audit of records. PART 6 Article 43 defines supplies in relation to Part 6. Under article 44, a participant may request information on electricity supplied to it. The administrator may require information from electricity suppliers under article 45. Occupiers of premises must give assistance to participants under article 46 and franchisees must give information and assistance to franchisors under article 47. Members of public bodies must give information and assistance to participants under article 48. Article 49 provides that where a group member is subject to an insolvency procedure, appointed practitioners must give information and assistance to that group member. PART 7 Article 50 provides for the Registry to be established, article 51 provides for security of the Registry, article 52 contains provisions about access to the Registry and article 53 provides for preventing or suspending a person using the Registry. Article 54 sets out how a registration as a participant may be cancelled where the participant ceases to carry on a scheme activity. Article 55 defines account holders. Article 56 requires participants to notify the administrator of any change in its proper address. Article 57 provides how a determination by the administrator under the provisions listed in that article must be carried out. PART 8 Article 58 provides for the administrator to publish information on a participant’s performance in relation to its energy efficiency achievements. Article 59 provides for the administrator to publish a list of participants that have appealed against a determination of a penalty, or where an appeal results in information published under article 58 being changed, publication of the amended information. 80 PART 9 Article 60 allows the administrator to charge for certain activities set out in article 61 and sets out when a charge must be paid and how it must be calculated. Articles 62 and 63 provide for the amounts of charges and revisions to those amounts. Article 64 provides for the collection and remittance of charges. PART 10 The administrator may request information concerning compliance with this Order under article 65 and may do so by way of a compliance notice set out in that article. The administrator may inspect premises in relation to monitoring compliance under article 66. PART 11 Articles 67 to 69 provide powers to the administrator to enforce this Order where a failure of compliance arises. PART 12 By articles 70 to 81, the administrator may impose civil penalties for failures to comply with provisions of this Order. A penalty may be financial, require additional allowances to be acquired and surrendered or increase what must be regarded as the amount of a participant’s emissions. Use of accounts in the Registry may be blocked and failure of compliance may be publicised. Under article 72, the administrator has discretion to waive penalties. PART 13 Criminal offences are imposed under article 82 and penalties for those offences are set out in article 83. Article 84 deals with offences by corporate bodies and article 85 with offences by Scottish partnerships. Article 86 provides for application of this Order to the Crown. PART 14 Article 87 sets out where an appeal arises. Article 88 sets out the grounds on which an appeal under article 87 may be made. Under article 89 sets out the appeal body where appeals are made against determinations, notices or penalties made or given by the Secretary of State, the Environment Agency or the Natural Resources Body for Wales. Such appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chamber) Order 2010 (S.I. 2010/2655). The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out procedural rules relating to these appeals. Article 90 sets out the effect of an appeal. Article 91 sets out the standard of proof to be applied when an appeal is made to the Scottish Ministers, the Planning Appeals Commission or an independent person appointed under article 89. Article 92 sets out what the appeal body may decide in respect an appeal. Article 93 sets out the appeal procedure to be followed in relation to the making and determination of appeals by the Scottish Ministers, the Planning Appeals Commission and an independent person appointed under article 89. Article 94 provides for service of documents and article 95 for national security. 81 PART 15 Article 96 provides for revocations, continuing effect and amendments to the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme (Amendment) Order 2011. SCHEDULES

Schedule 1 defines supplies and emissions.

Schedule 2 defines public bodies and Schedule 3 undertakings and significant group undertakings.

Schedule 4 provides for information required on an application for registration as a participant.

Schedule 5 sets out organisational changes before and after a phase of the scheme and requirements in relation to those changes.

Schedule 6 provides for requirements of the Registry in relation to Part 7 of this Order.

Schedule 7 sets out appeal bodies and procedures and Schedule 8 provides for the service of documents under Part 16 of this Order.

Schedule 9 provides for amendments to the CRC Energy Efficiency Scheme Order 2010. A full regulatory impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the Climate Change Team, Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2HH and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. ____________________________________________________________________________________________________________ © Crown copyright 2013 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. 82 E6596 05/2013 136596T 19585 Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO ISBN 978-0-11-153932-3 PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: customer.services@tso.co.uk Textphone: 0870 240 3701 TSO@Blackwell and other Accredited Agents 9 780111 539323