Corporate report

Trust statement

Published 20 October 2022

Foreword by the Accounting Officer

Overview

The Trust Statement accounts for the income BEIS collects as an agent of the HMT Consolidated Fund. The amounts collected are passed to the Consolidated Fund. In 2021-22, BEIS collected income under the following schemes.

• EU emissions trading scheme (EU ETS)
• UK emissions trading scheme (UK ETS)
• Carbon reduction commitment (CRC)
• Climate change agreements (CCA)
• Energy saving opportunity scheme (ESOS)

EU ETS

About EU ETS

EU ETS is the largest emissions trading system to reduce GHG emissions. It is a cap and trade system. It caps the amount of GHG emissions participants can emit; it allows trading of allowances so that total emissions stay within the cap. There are separate emission allowances for stationary installations and aircraft operators. As a result of the end of the transition period (31 December 2020), the UK left the EU ETS scheme on 31 December 2020. Northern Ireland electricity generators remain in the EU ETS by virtue of the Ireland/Northern Ireland Protocol, so EU ETS remains an income stream going forward.

EU ETS financial summary

• The UK held 1 EU ETS auction in 2021-22.
• 21 civil penalties were issued by the Environment Agency, regulator for stationary installations in England. Most of the penalties relate to non-compliance within the UK small emitter opt-out scheme. A penalty is charged for each tonne of CO2 beyond the target. Some of these penalties relate to previous compliance years.

UK ETS

About UK ETS

UK Emissions Trading Scheme (UK ETS) replaced the UK’s participation in the EU ETS on 1 January 2021. The first auction of United Kingdom Allowances (UKAs) took place on 19 May 2021. UK ETS is an emissions trading scheme that works on the cap and trade principle, where a cap is set on the total amount of certain GHG that can be emitted by sectors covered by the scheme. Within this cap, participants receive free allowances and/or buy emission allowances at auction or on the secondary market which they can trade with other participants as needed.

UK ETS financial summary

• The UK held 22 UK ETS auctions in 2021-22.

CRC

About CRC

CRC is an energy efficiency scheme, mandatory for large, non-energy intensive organisations. CRC closed at the end of the 2018-19 compliance year to simplify the landscape for energy efficiency tax on businesses. In April 2019, the reporting element of CRC was replaced by the Streamlined Energy and Carbon Reporting (SECR) framework.

CRC financial summary

• CRC allowance sales in 2021-22 generated £nil (2020-21: (£840,000)).
• There was 1 civil penalty of £2,405 levied against CRC participants (2020-21: £60,765).
• The costs incurred in administering the CRC scheme were borne by the Core Department as shown in note 3 and included within the Department’s Accounts.

CCA

About CCA

CCA is an energy efficiency scheme which is voluntary for businesses in energy intensive sectors. CCA is an agreement to meet stretching targets in exchange for a reduced Climate Change Levy (CCL) of up to 93%. The scheme was launched in April 2013 and runs until 31 March 2025.

CCA generates income from:

• Charging income: annual payment made by participants to the Administrator; this is retained by the Environment Agency and will not feature in the Trust Statement.
• Civil penalties for minor infractions received by the Administrator.
• Buy-out payments if targets are not met at the end of the 2-year target period.

CCA financial summary

• In 2021-22, the income from buy-out payments generated £35.5 million (2020‑21: £231,000) – shown in note 2.4 of the Trust Statement. The higher income in the current year is because 2021-22 is a period of primary reporting for Target Reporting Period IV. By comparison, 2020-21 was a period of secondary reporting for Target Reporting Period II, where participants make further top-up buy-out payments after an audit or they receive a refund if they have overpaid.

• 13 civil penalties were issued under the CCA scheme totalling £61,515 (2020-21: 1 civil penalty totalling £1,602).

ESOS

About ESOS

ESOS is an energy assessment scheme, mandatory for all large organisations in the UK, established in response to the EU Energy Efficiency Directive Article 8 (4-6). Qualifying organisations must carry out audits every 4 years on energy use of their buildings, industrial processes and transport to identify cost-effective energy saving measures. The Scheme runs until 5 December 2027. Phase II ran until 5 December 2019, and Phase III runs until 5 December 2023. In Phase 1 there were 6,075 ultimate parent organisations in the scheme.

ESOS generates income from non‑compliance penalties.

*ESOS financial summary8

• In 2021-22, 32 penalties were issued which totalled £398,139 (2020-21: 12 penalties which totalled £39,769).

Governance statement

The Department’s governance statement covers both the Accounts and the Trust Statement and is included in the Governance section of this report.

Remote contingent liabilities

Audited information

No remote contingent liabilities exist at the end of the reporting period.

Basis for preparation

The HM Treasury Accounts Direction, issued in accordance with Section 2 of the Exchequer and Audit Departments Act 1921 requires the Department to prepare the Trust Statement to give a true and fair view of the state of affairs relating to the collection and allocation of the carbon allowance auction receipts for the EU Emissions Trading Schemes, the collection and allocation of the carbon allowance auction receipts for the UK Emissions Trading Schemes, the allowances sales from the CRC scheme, buy-out payments from the CCA Scheme and civil penalties receivable under the EU ETS, UK ETS, CRC, CCA and ESOS schemes. Regard is given to all relevant accounting and disclosure requirements given in Managing Public Money and other guidance issued by HM Treasury.

Accounting judgements

As the Accounting Officer, it is my responsibility to apply suitable accounting policies in the preparation of the Trust Statement. Revenues are recognised in the period in which the event that generates the revenue takes place, consequently the anticipated proceeds from future auctions and licences as detailed in note 2 are not recognised as assets within this statement. All the transactions within the Trust Statement reflect transactions that have taken place.

Events after the reporting period

Details of events after the reporting period are given in note 10 to the Trust Statement.

Auditors

These financial statements have been audited, under the Exchequer and Audit Departments Act 1921, by the Comptroller and Auditor General, who is appointed under statute and reports to Parliament. The audit opinion is on pages 315 to 319 [The Trust Statement Audit Report of the Comptroller and Auditor General to the House of Commons]. The auditor’s notional remuneration is included within the Department’s Accounts.

Statement of Accounting Officer’s responsibilities for the Trust Statement

Under section 2 of the Exchequer and Audit Departments Act 1921, HM Treasury has directed the Department for Business, Energy and Industrial Strategy to prepare for each financial year a Trust Statement in the form and on the basis set out in the Accounts Direction.

HM Treasury has appointed the Permanent Secretary as Accounting Officer of the Department for Business, Energy and Industrial Strategy with overall responsibility for preparing the Trust Statement and for transmitting it to the Comptroller and Auditor General.

The Accounting Officer is responsible for ensuring that: there is a high standard of financial management, including a sound system of internal control; that financial systems and procedures promote the efficient and economical conduct of business and safeguard financial propriety and regularity; that financial considerations are fully taken into account in decisions on policy proposals; and that risk is considered in relation to assessing value for money.

The Accounting Officer is responsible for the fair and efficient administration of the EU ETS and UK ETS including conducting the auction of the Allowances, collection of the proceeds and onward transmission of the funds in their entirety to the Consolidated Fund.

The Accounting Officer is also responsible for the collection of CRC Allowances and CCA buy-out payments for onward transmission to the Consolidated Fund and, the collection of civil penalties levied under the EU ETS, UK ETS, CCA, CRC, and ESOS schemes for onward transmission to the Consolidated Fund.

The responsibilities of the Accounting Officer, including responsibility for the propriety and regularity of the public finances for which an Accounting Officer is answerable, for keeping proper records and for safeguarding the Department’s assets, are set out in Managing Public Money published by HM Treasury.

The Trust Statement must give a true and fair view of:

• the statement of affairs of the EU ETS, UK ETS, CCA Schemes and penalties issued under the EU ETS, UK ETS, ESOS, CCA and CRC Schemes. These streams of income are recognised on an accruals basis;
• the state of affairs of the CRC Allowance Scheme sales which are recognised on a cash received basis
• the revenue collected, and expenditure incurred together with the net amounts surrendered to the Consolidated Fund

In preparing the Trust Statement, the Accounting Officer is required to comply with the requirements of the Government Financial Reporting Manual and in particular to:

• observe the Accounts Direction issued by HM Treasury, including the relevant accounting and disclosure requirements, and apply suitable accounting policies on a consistent basis
• make judgements and estimates on a reasonable basis
• state whether applicable accounting standards as set out in the Government Financial Reporting Manual have been followed, and disclose and explain any material departures in the accounts
• prepare the Trust Statement on a going concern basis

Accounting Officer’s confirmation

As the Accounting Officer, I have taken all the steps that I ought to have taken to make myself aware of any relevant audit information and to establish that the Department’s auditors are aware of that information. So far as I am aware, there is no relevant audit information of which the auditors are unaware. The annual report and accounts as a whole is fair, balanced and understandable. I take personal responsibility for the annual report and accounts and the judgements required for determining that it is fair, balanced and understandable.

Sarah Munby
Permanent Secretary and Principal Accounting Officer
18 October 2022

The Trust Statement Audit Report of the Comptroller and Auditor General to the House of Commons

Opinion on financial statements

I have audited the financial statements of the Department for Business, Energy and Industrial Strategy Trust Statement (‘the Trust Statement’) for the year ended 31 March 2022 under the Exchequer and Audit Departments Act 1921.

The financial statements comprise the Trust Statement’s:

• Statement of Financial Position as at 31 March 2022;
• Statement of Revenue, Statement of Cash Flows and Statement of other income and Expenditure, for the year then ended; and
• the related notes including the significant accounting policies.

The financial reporting framework that has been applied in the preparation of the financial statements is applicable law and International Accounting Standards as interpreted by HM Treasury’s Government Financial Reporting Manual.

In my opinion:

• the Trust Statement gives a true and fair view of the state of affairs of balances stemming from: the collection of UK Emissions Trading Scheme (UK ETS) auction income; EU Emissions Trading Scheme (EU ETS) auction income; Carbon Reduction Commitment (CRC) allowance sales; Climate Change Agreements (CCA) income; and EU ETS, CRC, CCA, and Energy Savings Opportunity Scheme (ESOS) civil penalties as at 31 March 2022 and of the net revenue for the year then ended; and

• the financial statements have been properly prepared in accordance with the Exchequer and Audit Departments Act 1921 and HM Treasury directions issued thereunder.

Opinion on regularity

In my opinion, in all material respects, the income and expenditure recorded in the financial statements have been applied to the purposes intended by Parliament and the financial transactions recorded in the financial statements conform to the authorities which govern them.

Basis for opinions

I conducted my audit in accordance with International Standards on Auditing (UK) (ISAs UK), applicable law and Practice Note 10 Audit of Financial Statements of Public Sector Entities in the United Kingdom. My responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the financial statements section of my report.

Those standards require me and my staff to comply with the Financial Reporting Council’s Revised Ethical Standard 2019. I have also elected to apply the ethical standards relevant to listed entities. I am independent of the Department in accordance with the ethical requirements that are relevant to my audit of the financial statements in the UK. My staff and I have fulfilled our other ethical responsibilities in accordance with these requirements.

I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion.

Conclusions relating to going concern

In auditing the financial statements, I have concluded that the Department’s use of the going concern basis of accounting in the preparation of the financial statements is appropriate.

Based on the work I have performed, I have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the Department’s ability to continue as a going concern for a period of at least 12 months from when the financial statements are authorised for issue.

My responsibilities and the responsibilities of the Accounting Officer with respect to going concern are described in the relevant sections of this report.

The going concern basis of accounting for the Trust Statement is adopted in consideration of the requirements set out in HM Treasury’s Government Financial Reporting Manual, which require entities to adopt the going concern basis of accounting in the preparation of the financial statements where it anticipated that the services which they provide will continue into the future.

Other Information

The other information comprises information included in the Performance Report, Accountability Report and Foreword to the Trust Statement, but does not include the financial statements nor my auditor’s report thereafter. The Accounting Officer is responsible for the other information.

My opinion on the financial statements does not cover the other information and, except to the extent otherwise explicitly stated in my report, I do not express any form of assurance conclusion thereon.

In connection with my audit of the financial statements, my responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial statements or my knowledge obtained in the audit or otherwise appears to be materially misstated.

If I identify such material inconsistencies or apparent material misstatements, I am required to determine whether this gives rise to a material misstatement in the financial statements themselves. If, based on the work I have performed, I conclude that there is a material misstatement of this other information, I am required to report that fact.

I have nothing to report in this regard.

Opinion on other matters

In my opinion, based on the work undertaken in the course of the audit:

• the parts of the Performance Report, Accountability Report and Foreword to the Trust Statement subject to audit have been properly prepared in accordance with HM Treasury directions made under the Exchequer and Audit Departments Act 1921; and
• the information given in the Performance Report, Accountability Report and Foreword to the Trust Statement for the financial year for which the financial statements are prepared is consistent with the financial statements and is in accordance with the applicable legal requirements.

Matters on which I report by exception

In the light of the knowledge and understanding of the Trust Statement and its environment obtained in the course of the audit, I have not identified material misstatements in the Performance Report, Accountability Report and Foreword to the Trust Statement.

I have nothing to report in respect of the following matters which I report to you if, in my opinion:

• I have not received all of the information and explanations I require for my audit; or
• adequate accounting records have not been kept by the Department or returns adequate for my audit have not been received from branches not visited by my staff; or
• the financial statements and the parts of the Performance Report, Accountability Report and Foreword to the Trust Statement subject to audit are not in agreement with the accounting records and returns; or
• the Governance Statement does not reflect compliance with HM Treasury’s guidance.

Responsibilities of the Accounting Officer for the financial statements

As explained more fully in the Statement of Accounting Officer’s Responsibilities, the Accounting Officer is responsible for:

• maintaining proper accounting records;
• the preparation of the financial statements in accordance with the applicable financial reporting framework and for being satisfied that they give a true and fair view;
• ensuring that the Annual Report and accounts as a whole is fair, balanced and understandable;
• internal controls as the Accounting Officer determines is necessary to enable the preparation of financial statement to be free from material misstatement, whether due to fraud or error; and
• assessing the Department’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Accounting Officer anticipates that the services provided by the Trust Statement will not continue to be provided in the future

Auditor’s responsibilities for the audit of the financial statements

My responsibility is to audit and report on the financial statements in accordance with the Exchequer and Audit Departments Act 1921.

My objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue a report that includes my opinion. Reasonable assurance is a high level of assurance but is not a guarantee that an audit conducted in accordance with ISAs (UK) will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements.

Extent to which the audit was considered capable of detecting non-compliance with laws and regulations including fraud

I design procedures in line with my responsibilities, outlined above, to detect material misstatements in respect of non-compliance with laws and regulations, including fraud. The extent to which my procedures are capable of detecting non-compliance with laws and regulations, including fraud is detailed below.

Identifying and assessing potential risks related to non-compliance with laws and regulations, including fraud

In identifying and assessing risks of material misstatement in respect of non-compliance with laws and regulations, including fraud, I considered the following:

• the nature of the sector, control environment and operational performance including the design of the Trust Statement’s accounting policies.
• Inquiring of management, the head of internal audit for the Department of Business, Energy and Industrial Strategy and those charged with governance, including obtaining and reviewing supporting documentation relating to the Trust Statement’s policies and procedures relating to:
  • identifying, evaluating and complying with laws and regulations and whether they were aware of any instances of non-compliance;
  • detecting and responding to the risks of fraud and whether they have knowledge of any actual, suspected or alleged fraud; and
  • the internal controls established to mitigate risks related to fraud or non-compliance with laws and regulations including the Department’s controls relating to the Trust Statement’s compliance with Exchequer and Audit Departments Act 1921.
• discussing among the engagement team regarding how and where fraud might occur in the financial statements and any potential indicators of fraud.

As a result of these procedures, I considered the opportunities and incentives that may exist within the Department for Business, Energy and Industrial Strategy’s Trust Statement for fraud and identified the greatest potential for fraud in the following areas: Revenue recognition and posting of unusual journals. In common with all audits under ISAs (UK), I am also required to perform specific procedures to respond to the risk of management override of controls.

I also obtained an understanding of the Trust Statement’s framework of authority as well as other legal and regulatory frameworks in which the Trust Statement operates, focusing on those laws and regulations that had a direct effect on material amounts and disclosures in the financial statements or that had a fundamental effect on the operations of the Trust Statement. The key laws and regulations I considered in this context included the Exchequer and Audit Departments Act 1921, Managing Public Money, Environmental Protection Emissions Trading Regulations which came into force on 11 July 2008, Community Emission Trading Scheme [Allocation of Allowances for Payment] Scheme 2008, Climate Change Agreements (Administration) Regulations 2012, 2013 and 2014.

Audit response to identified risk

As a result of performing the above, the procedures I implemented to respond to identified risks included the following:

• reviewing the financial statement disclosures and testing to supporting documentation to assess compliance with provisions of relevant laws and regulations described above as having direct effect on the financial statements;
• enquiring of management, the Audit and Risk Assurance Committee and in-house legal counsel concerning actual and potential litigation and claims;
• reading and reviewing minutes of meetings of those charged with governance and the Board and internal audit reports; and
• in addressing the risk of fraud through management override of controls, testing the appropriateness of journal entries and other adjustments; assessing whether the judgements made in making accounting estimates are indicative of a potential bias; and evaluating the business rationale of any significant transactions that are unusual or outside the normal course of business.

I also communicated relevant identified laws and regulations and potential fraud risks to all engagement team members and remained alert to any indications of fraud or non-compliance with laws and regulations throughout the audit.

A further description of my responsibilities for the audit of the financial statements is located on the Financial Reporting Council’s website. This description forms part of my report.

Other auditor’s responsibilities

I am required to obtain evidence sufficient to give reasonable assurance that the income and expenditure reported in the financial statements have been applied to the purposes intended by Parliament and the financial transactions conform to the authorities which govern them

I communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that I identify during my audit.

Report

I have no observations to make on these financial statements.

Gareth Davies
19 October 2022
Comptroller and Auditor General

National Audit Office
157-197 Buckingham Palace Road
Victoria
London
SW1W 9SP

Statement of Revenue, Other income and Expenditure

for the year end accounts as at 31 March 2022

There were no recognised gains or losses accounted for outside of the above Statement of Revenue, Other Income and Expenditure.

The notes form part of this statement.

	Note	2021-22 (£’000)	2020-21 (£’000)
Revenue
License fees and taxes
EU ETS auction income	2.1	85,916	2,213,079
UK ETS auction income	2.2	5,753,639	-
CRC allowance sales	2.3	-	(840)
CCA buy-out payments income	2.4	35,539	231
Total licence fees and taxes	-	5,875,094	2,212,470
Fines and penalties
Civil penalties – EU ETS	-	(2,316)	137,826
Civil penalties – ESOS	-	398	40
Civil penalties – CRC	-	(33)	61
Civil penalties – CCA	-	60	2
Total fines and penalties	2.5	(1,891)	137,929
Total revenue and other income	-	5,873,203	2,350,399
Expenditure
Foreign exchange and interest – EU ETS	3.1	(74)	(3,093)
Credit losses – debts written off	3.2	(130,570)	-
Total expenditure	-	(130,644)	(3,093)
Net revenue for the Consolidated Fund	-	5,742,559	2,347,306

Statement of Financial Position

as at 31 March 2022

The notes form part of this statement.

	Note	31 March 2022 (£’000)	31 March 2021 (£’000)
Current assets
Receivables and accrued fees	4	10,349	147,267
Cash and cash equivalents	5	29,466	34,897
Total current assets	-	39,815	182,164
Current liabilities
Payables	6	(371)	(2,797)
Total current liabilities	-	(371)	(2,797)
Net current assets	-	39,444	179,367
Total net assets
Represented by:
Balance on Consolidated Fund Accounts	-	39,444	179,367

Sarah Munby
Permanent Secretary and Principal Accounting Officer
18 October 2022

Statement of Cash Flows

for the year end accounts as at 31 March 2022

The notes form part of this statement.

	Note	2021-22 (£’000)	2020-21 (£’000)
Net cash flows from operating activities	A	5,877,051	2,211,600
Cash paid to the Consolidated Fund	7	(5,882,482)	(2,209,884)
Increase/(decrease) in cash in this period	B	(5,431)	1,716

Notes to the Statement of Cash Flows

	Note	2021-22 (£’000)	2020-21 (£’000)
A: Reconciliation of Net Cash Flow to Movement in Net Funds
Net Revenue for the Consolidated Fund	7	5,742,559	2,347,309
(Increase)/decrease in receivables and accrued fees	4	136,918	(137,867)
Increase/(decrease) in payables	6	(2,426)	2,158
Net cash flows from operating activities	-	5,877,051	2,211,600
B: Analysis in changes in Net Funds
Increase/(decrease) in cash in this period	-	(5,431)	1,716
Net Funds as at 1 April (net cash at bank)	5	34,897	33,181
Net Funds as at 31 March (closing balance)	5	29,466	34,897

Notes to the Trust Statement

1. Accounting Policies

1.1 Basis of accounting

The Trust Statement is prepared in accordance with the accounts direction issued by HM Treasury under section 2 of the Exchequer and Audit Departments Act 1921. The Trust Statement is prepared in accordance with the accounting policies detailed below. These have been agreed between the Department for Business, Energy and Industrial Strategy (the Department) and HM Treasury and have been developed in accordance with International Financial Reporting Standards (IFRS) and other relevant guidance. The accounting policies have been applied consistently in dealing with items considered material in relation to the accounts.

The income and associated expenditure contained in the Departmental Trust Statement are those flows of funds which the Department administers on behalf of the Consolidated Fund.

The financial information in the Trust Statement is rounded to the nearest £’000.

The Trust Statement is presented in pounds sterling, which is the functional currency of the Department.

1.2 Accounting convention

The Trust Statement has been prepared in accordance with the historical cost convention.

1.3 Revenue recognition

The FReM extends the definition of a contract under IFRS 15 para 9 to include legislation and regulations which enable an entity to obtain revenue that is not classified as a tax by the Office of National Statistics (ONS). As EU-ETS auction income, UK ETS auction income and CRC allowances sales are classified as taxes by ONS, and CCA income meets the definition of a tax under ONS’s guidance, IFRS 15 is not applicable to the revenue streams of the BEIS Trust Statement.

Income from these schemes is recognised as follows:

• EU ETS receipts represent proceeds from the auction of carbon allowances under Phase III. Revenue is recognised at the close of each competitive auction, when the revenue can be measured reliably.
• UK ETS receipts represent proceeds from the auction of carbon allowances. Revenue is recognised at the close of each competitive auction, when the revenue can be measured reliably.
• Revenue in respect of CCA buy-out payments is recognised on an accruals basis, albeit the recognition point is when the income is received.
• Revenue in respect of civil penalties is recognised when the penalty is imposed.

All result in a cash flow to the Consolidated Fund. This has resulted in no difference to the income recognition methodology applied in previous years.

CRC participants may request refunds for over-surrendered allowances (note 9 Contingent Liabilities refers). These are accounted for in the period in which the refund request is authorised and processed.

1.4 Financial instruments

A financial instrument is any contract that gives rise to a financial asset of one entity and a financial liability or equity instrument of another entity. Financial assets and financial liabilities are recognised in the Statement of Financial Position when the Department becomes a party to the contractual provisions of an instrument.

1.5 Financial assets

For the purposes of this Trust Statement, the Department holds financial assets in the following categories:

• Receivables held at amortised cost;
• Cash and cash equivalent.

Both receivables and cash and cash equivalents are held at amortised cost.

Receivables held at amortised cost comprise:

• for EU ETS and UK ETS the amounts due from primary participants in respect of established auction liabilities for which, at the financial year end, payments had not been received. The amounts due are calculated at the close of each auction and have a maturity of less than 3 months;
• civil penalties levied against participants in the EU ETS, UK ETS, ESOS, CCA and CRC schemes, amounts for which have not been received at the financial year end.

Cash and cash equivalents comprise current balances with banks and other financial institutions, which are readily convertible to known amounts of cash and which are subject to insignificant risk of changes in value and have an original maturity of 3 months or less.

1.6 Financial liabilities

For the purposes of this Trust Statement the Department holds financial liabilities in the following category:

• Other financial liabilities

Other financial liabilities comprise:

• Payables in the Statement of Financial Position. Payables are amounts established as due at the reporting date, but where payment is made subsequently. Since these balances are expected to be settled within 12 months of the reporting date there is no material difference between fair value, amortised cost and historical cost.

1.7 Foreign currency

Transactions that are denominated in a foreign currency are translated into sterling at the rate of exchange ruling on the date of each transaction. Monetary assets and liabilities denominated in foreign currency at the year-end are translated at the rates ruling at that date unless a forward rate has been fixed with the Bank of England. All translation differences are included in the Statement of Revenue, Other Income and Expenditure for the period.

2. Revenue

2.1 Revenue from EU ETS

	2021-22 (£’000)	2020-21 (£’000)
EU ETS – phase III auctions income	85,916	2,213,079
Total	85,916	2,213,079

Auction dates and units auctioned for EUA Phase III are available on The European Energy Exchange (EEX) website on the auction calendar page.

2.2 Revenue from UK ETS

	2021-22 (£’000)	2020-21 (£’000)
UK ETS – auctions income	5,753,639	-
Total	5,753,639	-

Auction dates for UK Emission Allowances are available on the Intercontinental Exchange website.

2.3 Revenue from CRC

	2021-22 (£’000)	2020-21 (£’000)
CRC allowance sales	-	(840)
Total	-	(840)

2.4 Revenue from CCA

	2021-22 (£’000)	2020-21 (£’000)
CCA buy-out payment income receivable	35,539	231
Total	35,539	231

In 2021-22, the income from buy-out payments generated £35.54 million (2020-21: £231,000). This increase is due to 2021-22 being the primary reporting period income for Target Reporting Period IV.

2.5 Revenue from civil penalties

	2021-22 (£’000)	2020-21 (£’000)
Levied under EU ETS	(2,316)	137,826
Levied under CRC	(33)	61
Levied under CCA	60	2
Levied under ESOS	398	40
Total	(1,891)	137,929

There were 21 penalties totalling £1,223,336 before an adjustment and refunds in relation to prior years, resulting in a net value being (£2,316,151) (31 March 2021: 54 penalties totalling £137,826,387) levied under the EU ETS scheme. There was 1 penalty totalling £2,405 before an adjustment and refunds in relation to prior years, resulting in a net value being (£32,602) (31 March 2021: 14 penalties totalling £60,765) levied under the CRC scheme. 32 penalties totalling £398,139 (31 March 2021: 4 penalties totalling £39,769) were levied under the ESOS scheme. There were 13 penalties totalling £61,615, before an adjustment and refunds in relation to prior years, resulting in a net value totalling £59,913 (31 March 2021: 1 penalty totalling £1,602) being levied under the CCA scheme.

3. Expenditure and disbursements

3.1 Costs incurred in the collection of receipts

	2021-22 (£’000)	2020-21 (£’000)
Foreign currency translation (gains)/losses – EU ETS	72	3,046
Interest charges on Euro auction bank account – EU ETS	2	47
Total	74	3,093

3.2 Credit losses

	2021-22 (£’000)	2020-21 (£’000)
De-recognition of EU ETS penalties	130,570	-
Total	130,570	-

During the year, receivables of £130.6 million were written off. The amount was due from companies either insolvency or in liquidation. There is no expectation that the funds will be recovered.

Expenditure incurred to administer EU ETS, UK ETS, CRC, CCA and ESOS are provided below. These costs are included in the BEIS accounts because there is no express statutory provision to deduct them from the revenue collected and paid to the Consolidated Fund.

EU ETS: £1,723,811 (2020-21: £1,046,556).
UK ETS: £647,955 (2020-21: £nil).
CRC: £21,916 (2020-21: £15,902).
CCA: £310,376 (2020-21: £380,242).
ESOS: £1,421,948 (2020-21: £891,682).

4. Receivables and accrued fees

	2021-22 (£’000)	2020-21 (£’000)
Civil Penalties receivable	10,349	147,267
Total	10,349	147,267

5. Cash and cash equivalents

	2021-22 (£’000)	2020-21 (£’000)
Balance as at 1 April	34,897	33,181
Net change in cash and cash equivalent balances	(5,431)	1,716
Balance at 31 March	29,466	34,897
The following balances at 31 March were held at: Government Banking Service	29,466	34,897
Total	29,466	34,897

6. Payables

	2021-22 (£’000)	2020-21 (£’000)
Other	371	2,797
Total	371	2,797

7. Balance on the Consolidated Funds accounts

	2021-22 (£’000)	2020-21 (£’000)
Balance on the consolidated Fund as at 1 April	179,367	41,942
Net revenue for the Consolidated Fund	5,742,559	2,347,309
Less amounts paid to the Consolidated Fund	(5,882,482)	(2,209,884)
Balance on the Consolidated Fund as at 31 March	39,444	179,367

8. Financial Instruments

8.1 Classification and categorisation of financial instruments

	2021-22 (£’000)	2020-21 (£’000)
Financial assets
Cash	29,466	34,897
Civil penalties receivable	10,349	147,267
Total financial assets	39,815	182,164
Financial liabilities
Other Payables	(371)	(2,797)
Total financial liabilities	(371)	(2,797)

8.2 Risk exposure to financial instruments

EU ETS

EU ETS is exposed to foreign currency risk due to the timing difference in recognising proceeds at the auction, and converting proceeds into sterling one day after the close of the auction. This results in either an exchange loss or gain. As shown in note 3.1 there was £72,000 exchange rate loss incurred as at 31 March 2022 (31 March 2021: loss of £3.046 million).

EU ETS is not exposed to interest rate or liquidity risk. It’s exposure to market risk is limited due to there being a current demand for carbon allowances. Civil penalties are subject to credit risk, but this risk is assessed by management as minimal due to the nature of the participants in the scheme.

UK ETS

UK ETS is not exposed to foreign currency risk, interest rate or liquidity risk. Its exposure to market risk is limited due to there being a current demand for carbon allowances.

CCA

CCA buy-out payment revenue is subject to credit risk, but this risk is assessed by management as low, due to the nature of participants in the scheme. All fees under the regime are received in sterling minimising any other risks.

Information to help evaluate the significance of financial instruments on the Department’s financial performance and position and the nature and extent of the Department’s exposure to other risks can be found in note 24 to the Department’s Accounts.

9. Contingent liability

CRC

A contingent liability exists for refunds the Department may have to pay to CRC participants who have over-surrendered allowances. This is as a result of legislation included in the CRC Order 2013. The refunds are contingent upon participants being able to prove the over-surrender was due to a reporting error and must be agreed by the Secretary of State.

The Department is unable to quantify the amount of future refunds but based on the most recent information available from the scheme administrators, the refunds are not expected to be significant. Future refunds will be paid as and when they fall due out of future scheme receipts.

CCA

A contingent liability exists in the secondary reporting phase of each Target Reporting Period. This is where a participant has undergone review or audit procedures and it is deemed they have overpaid. Thus, the participant is due a refund. The department must retain sufficient funds in order to cover these refunds.

10. Events after the reporting period

There are no events after the reporting period to report on.

11. Date Accounts authorised for issue

The Accounting Officer has authorised these Accounts to be issued on the same day as they were certified.

Annexes to the Trust Statement

Accounts Direction given by HM Treasury in accordance with Section 2 of the Exchequer and Audit Departments Act 1921.

1. This direction applies to those government departments listed in appendix 2.

2. The Department shall prepare a Trust Statement (‘the Statement’) for the financial year ended 31 March 2022 for the revenue and other income, as directed by the Treasury, collected by the department as an agent for others, in compliance with the accounting principles and disclosure requirements of the edition of Government Financial Reporting Manual (‘FReM’) 2021-22.

3. The Statement shall be prepared, as prescribed in Appendix 1, so as to give a true and fair view of (a) the state of affairs relating to the collection and allocation of taxes, licence fees, fines and penalties and other income by the Department as agent and of the expenses incurred in the collection of those taxes, licence fees, fines and penalties insofar as they can properly be met from that revenue and other income; (b) the revenue and expenditure; and (c) the cash flows for the year then ended.

4. The Statement shall also be prepared so as to provide disclosure of any material expenditure or income that has not been applied to the purposes intended by Parliament or material transactions that have not conformed to the authorities which govern them.

5. When preparing the Statement, the Department shall comply with the guidance given in the FReM (Chapter 11). The Department shall also agree with HM Treasury the format of the Principal Accounting Officer’s Foreword to the Statement, and the supporting notes, and the accounting policies to be adopted, particularly in relation to revenue recognition. Regard shall also be given to all relevant accounting and disclosure requirements in Managing Public Money and other guidance issued by HM Treasury, and to the principles underlying International Financial Reporting Standards.

6. Compliance with the requirements of the FReM will, in all but exceptional circumstances, be necessary for the accounts to give a true and fair view. If, in these exceptional circumstances, compliance with the requirements of the FReM is inconsistent with the requirement to give a true and fair view, the requirements of the FReM should be departed from only to the extent necessary to give a true and fair view. In such cases, informed and unbiased judgement should be used to devise an appropriate alternative treatment which should be consistent with both the economic characteristics of the circumstances concerned and the spirit of the FReM. Any material departure from the FReM should be discussed in the first instance with HM Treasury.

7. The Statement shall be transmitted to the Comptroller and Auditor General for the purpose of his examination and report by a date agreed with the Comptroller and Auditor General and HM Treasury to enable compliance with the administrative deadline for laying the audited accounts before Parliament.

8. The Trust Statement, together with this direction (but with the exception of the related appendices) and the Report produced by the Comptroller and Auditor General under section 2 of the Exchequer and Audit Departments Act 1921 shall be laid before Parliament at the same time as the Department’s Resource Accounts for the year unless the Treasury have agreed that the Trust Statement may be laid at a later date.

Michael Sunderland
Deputy Director, Government Financial Reporting
His Majesty’s Treasury
16 December 2021

Appendix 1: Trust Statement for the year ended 31 March 2022

1. The Trust Statement shall include:

• a Foreword by the Principal Accounting Officer;
• a Statement of the Principal Accounting Officer’s Responsibilities;
• a Governance Statement;
• a Statement of Revenue, Other Income and Expenditure;
• a Statement of Financial Position;
• a Cash Flow Statement; and
• such notes as may be necessary to present a true and fair view.

2. The Notes shall include among other items:

• the accounting policies, including the policy for revenue recognition and estimation techniques and forecasting techniques together with statements explaining any significant uncertainty surrounding estimates and forecasts;
• a breakdown of material items within the accounts;
• any assets, including intangible assets and contingent liabilities;
• summaries of losses, write-offs and remissions;
• post balance sheet events; and
• any other notes agreed with HM Treasury and the National Audit Office.

Appendix 2: Application of the accounts direction

Sponsoring Department	Income stream	Responsible entity
Department for Business, Energy and Industrial Strategy	EU Emissions Allowance	BEIS
Department for Business, Energy and Industrial Strategy	UK Emissions Allowance	BEIS
Department for Business, Energy and Industrial Strategy	Fines and Penalties	BEIS
Department for Business, Energy and Industrial Strategy	CRC allowances	BEIS
Department for Business, Energy and Industrial Strategy	Climate Change Agreements	BEIS
Department for Business, Energy and Industrial Strategy	Energy Saving Opportunity Schemes	BEIS