The following Environment practice note provides comprehensive and up to date legal information covering:
The CRC Scheme is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide emissions and improve energy efficiency in large non-energy-intensive public and private sector organisations. Organisations that qualified for the CRC Scheme have to report their emissions, and purchase allowances for every tonne of carbon dioxide they emit for a specific period.
The CRC Scheme was split into successive phases, with the first phase of the scheme (the 'Introductory Phase (Phase 1)') running from April 2010 to March 2014.
The current and final phase of the CRC Scheme ran from 1 April 2014 to 31 March 2019 and was confusingly officially named as the Initial Phase. For the sake of clarity, we refer to this phase as the 'Initial Phase (Phase 2)'.
The CRC Scheme closes at the end of the Initial Phase (Phase 2)—following the 2018/19 compliance year. This was announced by HM Treasury on the day of the Budget 2016, in a bid to simplify the business energy efficiency tax landscape and details were provided in the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018, SI 2018/841. Instead, it will be replaced with an increase in the climate change levy. For more on closure of the scheme, see Practice Note: CRC—key changes—The end of CRC and News Analysis: BEIS lays regulations
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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