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Overview of the current CRC scheme
Following a significant period of uncertainty the UK Government has confirmed the changes that will be made to the CRC Energy Efficiency Scheme (CRC Scheme) in order to simplify it and reduce the administrative burdens it places on businesses. The CRC Scheme requires non-energy intensive organisations to measure and report on their energy consumption and purchase allowances for the amount of CO2 emissions associated with that consumption. The majority of the changes proposed will come into force from April 2014, however certain changes will come into effect from 1st June, 2013. Key changes for the real estate sector include the surprise abolition of the Performance League Table, the disapplication of the Landlord and Tenant Rule in respect of ground lease arrangements, and new rules in relation to CRC responsibility in Trust situations. The simplification of the CRC Scheme is to be welcomed as many businesses had struggled with its technical complexities, however, fundamental criticisms that the scheme is merely a tax remain. The Government will review the effectiveness of the simplified CRC Scheme in 2016.
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Jane Southworth joined Eversheds in 2002 and is a legal director in the EHS team specialising in noncontentious environmental and health and safety matters. Key areas of her work include assessing environmental risks in the context of mergers and acquisitions, and real estate transactions; advising on all aspects of producer responsibility in particular in the areas of WEEE, ROHS, packaging and REACH; and advising on sustainability issues such as the CRC Energy Efficiency Scheme, ESOS and MEES and the legal aspects of the Energy Performance of Buildings (England and Wales) Regulations and green leases.
Catherine Manning joined Eversheds in 2010 and is a senior associate in the EHS team specialising in non-contentious environmental and health and safety matters. She advises on all aspects of environmental law. Key areas of her work include advising on chemicals legislation, in particular obligations under REACH, CLP and the Biocidal Products Regime; assessing environmental risks in the context of mergers and acquisitions, and real estate transactions; and advising on the energy efficiency and eco-design of products and sustainability issues such as the CRC Energy Efficiency Scheme and MEES.