Electricity Supply Act 1995

An abatement certificate cannot be surrendered by a benchmark participant for the purposes of compliance with the participant’s greenhouse gas benchmark unless—

the certificate is registered under this Part and the registration is in force, and

the certificate was created in relation to an activity that took place before the end of the compliance period to which the greenhouse gas benchmark statement relates, and

the participant is recorded in the register of abatement certificates as the owner of the certificate.

The Tribunal may, by notice in writing to a benchmark participant, refuse to accept the surrender of an abatement certificate by the benchmark participant—

if, in the opinion of the Tribunal, the certificate cannot be surrendered under this section, or

if, in the opinion of the Tribunal, the certificate is surplus to the number required to be surrendered for compliance with the participant’s greenhouse gas benchmark or to abate a greenhouse shortfall.

If the Tribunal accepts the surrender of an abatement certificate, and the Tribunal is not the Scheme Administrator, the Tribunal must give the Scheme Administrator notice in writing of the decision, including details of the abatement certificate surrendered.