PART 1 Preliminary

Citation

1. This Order may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024.

Commencement

2. This Order comes into force on 31st March 2024.

Extent

3. This Order extends to the whole of the United Kingdom.

PART 2 Greenhouse Gas Emissions Trading Scheme Order 2020 amended

Greenhouse Gas Emissions Trading Scheme Order 2020 amended

4.The Greenhouse Gas Emissions Trading Scheme Order 2020( 2 ) is amended in accordance with this Part.

Article 4A amended (meaning of FA installation, etc.)

5. —(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 ( 3 ) , 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. ” .

Article 27A amended (installations: information to be submitted before 2026-2030 allocation period where no application for free allocation, etc. is made)

6. —(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” .

Article 34D amended (allocation tables: publication, etc.)

7. —(1) Article 34D is amended as follows.

(2) In paragraph (3) for “1st January” substitute “28th February” .

Schedule 7 amended (hospitals and small emitters)

8. —(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” .

Schedule 8 amended (ultra-small emitters)

9. —(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” .

PART 3 Free Allocation Regulation amended

Free Allocation Regulation amended

10. Commission Delegated

Article 4 amended (application for free allocation in 2026-2030 allocation period by operators of incumbent installations)

11. —(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” .

Article 5 amended (application for free allocation by new entrants)

12. —(1) Article 5 is amended as follows.

(2) In paragraph 1 for “2024” in both places substitute “2025” .

Article 15a amended (assessment of applications for free allocation by operators of incumbent installations)

13. —(1) Article 15a is amended as follows.

(2) In paragraph 2(b) for “2024” substitute “2025” .

Article 16 amended (preliminary allocation at installation level for incumbent installations)

14. —(1) Article 16 is amended as follows.

(2) In paragraph 10 for “1 December 2025” substitute “31 January 2026” .