Statutory Instruments
2018 No. 1336
Exiting The European Union
Climate Change
The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018
Sift requirements satisfied
6th December 2018
Made
11th December 2018
Laid before Parliament
13th December 2018
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Citation and commencement
1. These Regulations may be cited as the CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.
Amendment of the CRC Energy Efficiency Scheme Order 2013
2. —(1) The CRC Energy Efficiency Scheme Order 2013 (as it continues to have effect under article 3 of the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 ) is amended as follows.
(2) In Schedule 1—
(a) for paragraph 16(3A) substitute—
“ (3A) Sub-paragraph (2) does not apply where—
(a) the unconsumed supply is consumed by B—
(i) before IP completion day , on the premises occupied by B to operate an EU ETS installation;
(ii) on or after IP completion day , on the premises occupied by B in circumstances which, had that supply been consumed before IP completion day , would have been treated as falling within sub-paragraph (i);
(b) the unconsumed supply is consumed by B on the premises occupied by B to operate a CCA facility;
(c) the unconsumed supply is consumed by B on the premises occupied by B to operate a metallurgical process; or
(d) the unconsumed supply is consumed by B on the premises occupied by B to operate a mineralogical process. ” ;
(b) for paragraph 28(1), substitute—
“ (1) Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A—
(a) before IP completion day for the purposes of operating an EU ETS installation; or
(b) on or after IP completion day in circumstances which, had that supply been consumed before IP completion day , would have been treated as being for the purposes of operating an EU ETS installation. ” ;
(c) in paragraph 29A(5) , after “NACE Revision 2”, insert “ as it applied immediately before IP completion day ” .
Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy.
Claire Perry
Minister of State for Energy and Clean Growth
Department for Business, Energy and Industrial Strategy