Citation, commencement and interpretation

1. —(1) This Order may be cited as the CRC Energy Efficiency Scheme (Amendment) Order 2011 and comes into force on 1st April 2011.

(2) In this Order any reference below to a numbered article or Schedule is a reference to that article of, or Schedule to, the CRC Energy Efficiency Scheme Order 2010( 2 ).

Amendments to the CRC Energy Efficiency Scheme Order 2010

2. In article 2 (the trading scheme: phases and application), for paragraph (1) substitute—

“ (1) This Order establishes a trading scheme in relation to scheme activities for a trading period of seven phases which comprise—

(a) a first phase of four years commencing on 1st April 2010;

(b) five subsequent phases of six years commencing as shown in the following table—

(c) a seventh phase of five years commencing on 1st April 2038. ” .

3. —(1) Article 3 (interpretation) is amended as follows.

(2) For the definition of “annual reporting year” substitute—

“ “annual reporting year” means each year of a phase; ” .

(3) After the definition of “footprint report” insert—

“ “footprint supplies” has the meaning given by article 41(5); ” .

4. In article 9 (the administrator), for the table of provisions substitute the following table—

5. In article 18(1) (determinations by the administrator), for “paragraph (3)” substitute “paragraph (2)”.

6. —(1)Article 21 (universities and colleges: groups) is amended as follows.

(2) In paragraph (1)(b)(ii) for “paragraph (i)” substitute “paragraph (1)(b)(i)”.

(3) In paragraph (2) for “sub-paragraph (1)” substitute “paragraph (1)(b)”.

7. In article 29(3) (CCA emissions and target periods), for “This Part does” substitute “Articles 32 to 38 do”.

8. In article 41(5)(b)(i) (footprint emissions), for “or” substitute “and”.

9. —(1)Article 53(1) (allowances and CRC emissions) is amended as follows.

(2) In sub-paragraph (a) for “third” substitute “subsequent”.

(3) In sub-paragraph (b) for “third” substitute “second”.

(4) Omit “a” after the words “the participant must”.

10. Article 62 (information on half hourly meters and amount of supplies) is revoked.

11. In article 66(1) (information and assistance by franchisees), for “paragraph 10” substitute “paragraph 9”.

12. In article 74(1)(a) (determinations), for “28(1)” substitute “28”.

13. In article 75(2) (achievement tables), for the words from “are” to the end substitute “are the second and subsequent annual reporting years of each phase”.

14. In article 77(6) (performance tables), in the table of weighting percentages for the column heading “Second to seventh phases” substitute “Fourth year: first phase and each year of the second to seventh phases”.

15. In article 78(5) (publication), for sub-paragraph (b) substitute—

“ (b) an annual report in respect of the first year of the subsequent phase, ” .

16. In article 95 (failures in respect of registration), for paragraph (3) substitute—

“ (3) The penalties in paragraph (4) apply where—

(a) a public body or undertaking fails to report details of each settled half hourly meter under paragraph 6 of Schedule 5 where an application for registration is required under Part 2 of Schedule 6; or

(b) an undertaking fails to provide the information required under paragraph 3(2)(d) of Part 3 of Schedule 6. ” .

17. Article 103 (failures to provide information on half hourly meters under article 62) is revoked.

18. —(1) Schedule 1, paragraph 14 (occupation of premises) is amended as follows.

(2) In sub-paragraph (1), for “Sub-paragraph (2) applies” substitute “Subject to sub-paragraph (3), this sub-paragraph applies”.

(3) After sub-paragraph (2) insert—

“ (3) Sub-paragraph (1) does not apply where B is a Northern Ireland Department which occupies premises with the permission of A, and A is another Northern Ireland Department. ” .

19. In Schedule 3, paragraph 12(2) (the Welsh Assembly Government and Welsh Ministers), re-number paragraphs “(i)” and “(ii)” as paragraphs “(a)” and “(b)”.

20. —(1) Schedule 5, paragraph 12(3) (EU ETS and CCA emissions), is amended as follows.

(2) Before paragraph (a) insert—

“ (za) where an exemption is claimed under article 35, the emissions required to be reported by the participant under the CCA for the CCA facilities, where those facilities are subject to a CCA target period ending in the qualification year; ” .

(3) In paragraph (a), before “the emissions required to be reported” insert “where an exemption is claimed under article 36,”.

21. In Schedule 6, Part 3, paragraph 5(3) (significant group undertakings transferring between groups), for “paragraphs (3) to (6)” substitute “paragraphs (3) and (4)”.