Climate Change Levy Citation and commencement 1 1 These Regulations may be cited as the Climate Change Agreements (Administration and Eligible Facilities) (Amendment) Regulations 2023. 2 These Regulations come into force on 31st December 2023. Amendment of the Climate Change Agreements (Administration) Regulations 2012 2 1 The Climate Change Agreements (Administration) Regulations 2012 are amended as follows. 2 In regulation 2 (interpretation)— a in the definition of “target period”, at the end insert— f 1st January 2024 to 31st December 2024; ; b after the definition of “target period 5” insert— “ target period 6 ” means the target period from 1st January 2024 to 31st December 2024; . 3 In regulation 12 (terms to be included in an underlying agreement relating to the buy-out fee)— a in paragraph (2)(c)— i in paragraph (i)— aa for “or £18” substitute “£18” ; bb after “target period 5” insert “, or £25 where the finding is of a failure to meet a target for target period 6” ; ii in paragraph (iv), after “for target period 5” insert “and target period 6” ; b in paragraph (2)(d)(i)— i for “or £18” substitute “£18” ; ii after “target period 5” insert “, or £25 where the finding is of a failure to meet a target for target period 6” . 4 In regulation 12A (terms to be included in an umbrella agreement relating to the buy-out fee)— a in paragraph (2), for “or target period 5” substitute “, target period 5 or target period 6” ; b in paragraph (3), for sub-paragraphs (i) to (iv) substitute— a A is £14 for target periods 3 and 4, £18 for target period 5, or £25 for target period 6; b W in units of tCO 2 equivalent represents the amount by which the emissions for the target period exceed the target; c S, for target periods 1 to 4, in units of tCO 2 equivalent represents any surplus; and d S, for target periods 5 and 6, is zero. ; c in paragraph (4), for sub-paragraphs (i) and (ii) substitute— a A is £14 for target periods 3 and 4, £18 for target period 5, or £25 for target period 6; and b W in units of tCO 2 equivalent represents the amount by which the emissions for the target period exceed the target. 5 In regulation 14 (terms to be included in an underlying agreement relating to the provision of information), for paragraph (2)(a) substitute— a provide to the administrator on or before 1st May following the end of a target period such information as has been requested by the administrator— i in order to determine whether progress towards meeting the target is, or is likely to be, taken to be satisfactory; and ii about the actions taken, in relation to energy efficiency improvements or emissions reductions, in order to meet the target; and . 6 In regulation 15 (financial penalties)— a after paragraph (1) insert— 1ZA The amount of the financial penalty that may be imposed under paragraph (1) is— a the maximum amount as determined in accordance with paragraphs (1A) to (3); or b where the administrator considers it appropriate, such lower amount as the administrator considers appropriate. . b in paragraph (2)— i for “the amount of the financial penalty” substitute “the maximum amount of the financial penalty” ; ii in sub-paragraph (a), for “£250” substitute “£500” ; c in paragraph (2B)— i for “the amount” substitute “the maximum amount” ; ii in sub-paragraph (a), for “£250” substitute “£500” ; d in paragraph (3)— i for “the amount” substitute “the maximum amount” ; ii in sub-paragraph (a), for “£250” substitute “£500” ; iii in sub-paragraph (b), after paragraph (ii) insert— iii £25 per tCO 2 equivalent of the difference between the actual emissions and the reported emissions for target period 6. . 7 After regulation 16 insert— Publication of a financial penalty 16A 1 The administrator must publish the following information in relation to a financial penalty imposed on an operator under regulation 15— a the name of the operator; b the amount of the penalty imposed; and c a description of the contravention that led to the imposition of the penalty. 2 The information listed in paragraph (1) must be published for a period of at least one year. 3 Paragraphs (1) and (2) do not take effect until the period specified for any appeal against the financial penalty has expired. 4 This regulation does not apply in relation to a financial penalty imposed before 31 st December 2023. Withdrawal, reduction or extension of time for payment of a financial penalty 16B 1 On or before the date by which a penalty must be paid, as specified in a notice under regulation 16, if the administrator considers it appropriate, the administrator may decide to— a withdraw the penalty; b reduce the penalty; c allow an extension of time for payment of the penalty. 2 If under paragraph (1)— a the administrator decides to withdraw a financial penalty, the administrator must— i serve a notice on the operator stating that the penalty is withdrawn; and ii where information in respect of the penalty is published under regulation 16A, publish information showing that the penalty is withdrawn; b the administrator decides to reduce a financial penalty, the administrator must— i serve a notice on the operator modifying the notice served under regulation 16 in respect of the penalty; and ii where information in respect of the penalty is published under regulation 16A, publish information showing the reduced amount of the penalty; c the administrator decides to allow an extension of time for payment of a financial penalty, the administrator must serve a notice on the operator modifying the notice served under regulation 16 in respect of the penalty. . 8 In regulation 18 (power to terminate an agreement), after paragraph (5) insert— 5A The administrator may terminate an underlying agreement so far as it applies to a facility if the party to the agreement ceases to be an eligible representative of the facility. 5B In paragraph (5A), “ eligible representative ” means, in relation to a facility, a person who— a operates the facility; or b is authorised by the operator to operate a facility on their behalf. Amendment of the Climate Change Agreements (Eligible Facilities) Regulations 2012 3 1 The Climate Change Agreements (Eligible Facilities) Regulations 2012 are amended as follows. 2 In regulation 1 (citation, commencement and expiry), in paragraph (3), for “2025” substitute “2027” . Callanan Parliamentary Under Secretary of State Department for Energy Security and Net Zero 16th November 2023