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The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025

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Change 1

What to do with it
As published

31 Schedule 7 amended (hospitals and small emitters)

(1) Schedule 7 is amended as follows. “2026-2030 period” substituted for “2026-2030 allocation period” (2) Except as provided in paragraph (7), for “2026-2030 allocation period” in each place (including in paragraph headings) substitute “2026-2030 period”. Paragraph 1 amended (interpretation) (3) In paragraph 1(1) in the definition of “conversion notice” for “or 23A” substitute “, 23A or 23B”. Paragraph 3 amended (hospital or small emitter status) (4) In paragraph 3(6) for “in the allocation period” substitute “in the period”. Paragraph 18 amended (emissions targets: calculation of later targets where initial targets based on estimates) (5) In paragraph 18(1) for “an allocation period” substitute “the 2021-2025 allocation period or the 2026-2030 period”. Paragraph 19A amended (capacity increases: application to increase emissions targets) (6) After paragraph 19A(5) insert— (6) Where an application is made to increase an installation’s emissions targets for scheme years in the 2027-2030 allocation period, the regulator must not consider the application before 1st February 2026 unless, before that date, benchmarks for the 2027-2030 allocation period are set out in Annex 8 to the Free Allocation Regulation. . Paragraph 19G amended (capacity increases: interpretation) (7) In paragraph 19G(1) in the definition of “benchmark” in paragraph (a)— (a) in sub-paragraph (i) for “, for scheme years in that allocation period” substitute “or the 2026 scheme year, for scheme years in that allocation period or that scheme year”; (b) in sub-paragraph (ii) for “2026-2030 allocation period” substitute “2027-2030 allocation period”. Paragraph 22 amended (emissions targets: errors) (8) In paragraph 22— (a) in sub-paragraph (1) for “an allocation period” substitute “the 2021-2025 allocation period or the 2026-2030 period”; (b) in sub-paragraph (2) omit “allocation”; (c) in sub-paragraph (3) omit “allocation”. Paragraph 23B inserted (9) After paragraph 23A insert— End of hospital or small emitter status: voluntary exit of status for 2027-2030 allocation period 23B. (1) This paragraph applies where the operator of an installation included in the hospital and small emitter list for 2026-2030 notifies the regulator on or before 30th June 2026 as part of the second stage of an application for free allocation in the 2027-2030 allocation period under Article 4(1a)(b)(i) of the Free Allocation Regulation that— (a) the operator wishes the application to proceed because the operator does not wish the installation to be a hospital or small emitter for the scheme years in the 2027-2030 allocation period; and (b) the UK ETS authority informs the regulator under Article 15a(4) of that Regulation that the application is valid. (2) The regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator. .

Your change, as a redline

31 Schedule 7 amended (hospitals and small emitters)

(1) Schedule 7 is amended as follows. “2026-2030 period” substituted for “2026-2030 allocation period” (2) Except as provided in paragraph (7), for “2026-2030 allocation period” in each place (including in paragraph headings) substitute “2026-2030 period”. Paragraph 1 amended (interpretation) (3) In paragraph 1(1) in the definition of “conversion notice” for “or 23A” substitute “, 23A or 23B”. Paragraph 3 amended (hospital or small emitter status) (4) In paragraph 3(6) for “in the allocation period” substitute “in the period”. Paragraph 18 amended (emissions targets: calculation of later targets where initial targets based on estimates) (5) In paragraph 18(1) for “an allocation period” substitute “the 2021-2025 allocation period or the 2026-2030 period”. Paragraph 19A amended (capacity increases: application to increase emissions targets) (6) After paragraph 19A(5) insert— (6) Where an application is made to increase an installation’s emissions targets for scheme years in the 2027-2030 allocation period, the regulator must not consider the application before 1st February 2026 unless, before that date, benchmarks for the 2027-2030 allocation period are set out in Annex 8 to the Free Allocation Regulation. . Paragraph 19G amended (capacity increases: interpretation) (7) In paragraph 19G(1) in the definition of “benchmark” in paragraph (a)— (a) in sub-paragraph (i) for “, for scheme years in that allocation period” substitute “or the 2026 scheme year, for scheme years in that allocation period or that scheme year”; (b) in sub-paragraph (ii) for “2026-2030 allocation period” substitute “2027-2030 allocation period”. Paragraph 22 amended (emissions targets: errors) (8) In paragraph 22— (a) in sub-paragraph (1) for “an allocation period” substitute “the 2021-2025 allocation period or the 2026-2030 period”; (b) in sub-paragraph (2) omit “allocation”; (c) in sub-paragraph (3) omit “allocation”. Paragraph 23B inserted (9) After paragraph 23A insert— End of hospital or small emitter status: voluntary exit of status for 2027-2030 allocation period 23B. (1) This paragraph applies where the operator of an installation included in the hospital and small emitter list for 2026-2030 notifies the regulator on or before 30th June 2026 as part of the second stage of an application for free allocation in the 2027-2030 allocation period under Article 4(1a)(b)(i) of the Free Allocation Regulation that— (a) the operator wishes the application to proceed because the operator does not wish the installation to be a hospital or small emitter for the scheme years in the 2027-2030 allocation period; and (b) the UK ETS authority informs the regulator under Article 15a(4) of that Regulation that the application is valid. (2) The regulator must, as soon as reasonably practicable, give a notice (a “conversion notice”) to the operator. .

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