(1) This article applies where the operator of an installation referred to in paragraph (2) does not make an application under any of the following -

(a) paragraph 5 of Schedule 7 (hospital or small emitter status for 2026-2030 allocation period);

(b) paragraph 3 of Schedule 8 (ultra-small emitter status for 2026-2030 allocation period);

(c) Article 4 of the Free Allocation Regulation (free allocation in 2026-2030 allocation period).

(2) The installations are -

(a) an installation for which a permit is issued on or before 30th June 2025;

(b) an installation that is an ultra-small emitter for the 2025 scheme year;

(c) an installation for which an application for a permit has been made but not yet determined.