Title and introductory text
2024 No. 192
Climate Change
The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024
Made
21st February 2024
Laid before Parliament
23rd February 2024
Laid before the Northern Ireland Assembly
23rd February 2024
Laid before the Scottish Parliament
23rd February 2024
Laid before Senedd Cymru
23rd February 2024
Coming into force
31st March 2024
At the Court at Buckingham Palace, the 21st day of February 2024
Present,
The King’s Most Excellent Majesty in Council
This Order is made in exercise of the powers conferred by sections 44, 54 and 90(3) of, and Schedule 2 and paragraph 9 of Schedule 3 to, the Climate Change Act 2008.
In accordance with paragraph 10 of Schedule 3 to that Act, before the recommendation to His Majesty in Council to make this Order was made—
(a) the advice of the Committee on Climate Change was obtained and taken into account; and
(b) such persons likely to be affected by the Order as the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers considered appropriate were consulted.
Accordingly, His Majesty, by and with the advice of His Privy Council, makes the following Order:
Propose a change1 Citation
This Order may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024.
Propose a change2 Commencement
This Order comes into force on 31st March 2024.
Propose a change3 Extent
This Order extends to the whole of the United Kingdom.
Propose a change4 Greenhouse Gas Emissions Trading Scheme Order 2020 amended
The Greenhouse Gas Emissions Trading Scheme Order 2020 is amended in accordance with this Part.
Propose a change5 Article 4A amended (meaning of FA installation, etc.)
(1) Article 4A is amended as follows.
(2) In paragraph (4)—
(a) in the words before sub-paragraph (a) after “from” insert “the earliest of the following”;
(b) in sub-paragraph (a) omit the “or” at the end of the sub-paragraph;
(c) after sub-paragraph (a) insert—
(aa) where an application for free allocation in the 2026-2030 allocation period is made in respect of the installation under Article 4 of the Free Allocation Regulation, 1st January 2026 unless—
(i) before that date, the regulator gives notice to the operator under Article 15a(5) of the Free Allocation Regulation that the application is not valid; or
(ii) the installation is included in the hospital and small emitter list for 2026-2030 or the ultra-small emitter list for 2026-2030;
;
(d) in sub-paragraph (b) omit “if earlier,”.
(3) After paragraph (5)(f) insert—
(g) where the installation is an FA installation for the 2026-2030 allocation period by virtue of paragraph (4)(aa), the date (if any) on which the regulator gives notice to the operator under Article 15a(5) of the Free Allocation Regulation that the application for free allocation is not valid.
.
Propose a change6 Article 27A amended (installations: information to be submitted before 2026-2030 allocation period where no application for free allocation, etc. is made)
(1) Article 27A is amended as follows.
(2) In paragraph (2) for “2024” in both places substitute “2025”.
(3) In paragraph (4) for “2024” in both places substitute “2025”.
(4) In paragraph (5) for “2024” substitute “2025”.
Propose a change7 Article 34D amended (allocation tables: publication, etc.)
(1) Article 34D is amended as follows.
(2) In paragraph (3) for “1st January” substitute “28th February”.
Propose a change8 Schedule 7 amended (hospitals and small emitters)
(1) Schedule 7 is amended as follows.
Paragraph 5 amended (obtaining hospital or small emitter status for 2026-2030 allocation period)
(2) In paragraph 5—
(a) in sub-paragraph (2) for “2024” in both places substitute “2025”;
(b) in sub-paragraph (3) for “30th September 2024” substitute “31st August 2025”;
(c) in sub-paragraph (5) for “30th April” substitute “17th October”.
Paragraph 6 amended (obtaining hospital or small emitter status for 2026-2030 allocation period: Conditions A, B and C)
(3) In paragraph 6(2)(a) (Condition A) for “2023” substitute “2024”.
Paragraph 26 amended (end of hospital or small emitter status: end of allocation period)
(4) In paragraph 26—
(a) in sub-paragraph (1)—
(i) in the words before paragraph (a) for “on or before 31st May 2025” substitute “as soon as reasonably practicable after the hospital and small emitter list for 2026-2030 is published and in any event on or before 31st October 2025,”;
(ii) in paragraph (b) for “September” substitute “November”;
(b) in sub-paragraph (4)(a)(i) for “September” substitute “November”.
Propose a change9 Schedule 8 amended (ultra-small emitters)
(1) Schedule 8 is amended as follows.
Paragraph 3 amended (obtaining ultra-small emitter status for 2026-2030 allocation period)
(2) In paragraph 3—
(a) in sub-paragraph (2) for “2024” in both places substitute “2025”;
(b) in sub-paragraph (3) for “30th September 2024” substitute “31st August 2025”;
(c) in sub-paragraph (6) for “30th April” substitute “17th October”.
Propose a change10 Free Allocation Regulation amended
Commission Delegated Regulation (EU) 2019/331 is amended in accordance with this Part.
Propose a change11 Article 4 amended (application for free allocation in 2026-2030 allocation period by operators of incumbent installations)
(1) Article 4 is amended as follows.
(2) In paragraph 1 for “2024” in both places substitute “2025”.
(3) In paragraph 1A for “2024” in both places substitute “2025”.
(4) In paragraph 3 for “2024” substitute “2025”.
Propose a change12 Article 5 amended (application for free allocation by new entrants)
(1) Article 5 is amended as follows.
(2) In paragraph 1 for “2024” in both places substitute “2025”.
Propose a change13 Article 15a amended (assessment of applications for free allocation by operators of incumbent installations)
(1) Article 15a is amended as follows.
(2) In paragraph 2(b) for “2024” substitute “2025”.
Propose a change14 Article 16 amended (preliminary allocation at installation level for incumbent installations)
(1) Article 16 is amended as follows.
(2) In paragraph 10 for “1 December 2025” substitute “31 January 2026”.
Propose a change