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CRC Energy Efficiency Scheme: appeals guidance
Practical Law UK Articles 5-614-3585 (Approx. 2 pages)
CRC Energy Efficiency Scheme: appeals guidance
by Norton Rose Fulbright LLP
| Published on 28 May 2015 • UK |
The Department of Energy and Climate Change has published revised guidance on appeals under the carbon reduction commitment Energy Efficiency Scheme.
Summary. The Department of Energy and Climate Change (DECC) has published revised guidance (the guidance) on appeals under the carbon reduction commitment (CRC) Energy Efficiency Scheme (the scheme).
Background. The scheme is a mandatory emissions trading scheme, which applies to large businesses and public sector organisations in the UK.
It came into force in April 2010 under the CRC Energy Efficiency Scheme Order 2010 (SI 2010/768) (2010 Order) and was replaced with the CRC Energy Efficiency Scheme Order 2013 (SI 2013/1119) (2013 Order), as amended by the CRC Energy Efficiency Scheme (Amendment) Order 2014 (SI 2014/504).
The 2013 Order aimed to reduce the administrative burden of the original scheme and simplify the process as a response to widespread criticism from stakeholders.
Facts. The guidance relates to the:
- First phase, which ran from 1 April 2010 to 31 March 2014. Appeals in relation to the first phase will be heard under the procedure set out in the 2010 Order.
- Initial phase, which runs from 1 April 2014 to 31 March 2019. The initial phase and subsequent phases will be heard under the procedure set out in the 2013 Order.
The 2013 Order simplified the appeals process for the initial phase and subsequent phases. The main changes in the process are that:
- Appeals in England and Wales will be heard by the First-tier Tribunal.
- Calendar days, instead of working days, will be used to calculate dates in the appeal process from the first phase onwards.
- In England and Wales, there are 28 calendar days within which to make an appeal.
Comment. The guidance aims to clarify the law and procedures surrounding the appeals process under the 2010 Order and 2013 Order. It is hoped that this, along with the changes imposed by the 2013 Order, will reduce administrative burden and scheme complexity, and reduce overlap with other schemes.
Source: DECC: CRC Energy Efficiency Scheme: Appeals Guidance: Guidance on CRC appeals process for phase one, and for the second phase and beyond, 24 April 2015, www.gov.uk/government/uploads/system/uploads/attachment_data/file/423766/CRC_Appeals_guidance_phase_1_and_phase_2_150325.pdf.