Article 7 Article 44 amended (enforcement notices)

(1)

Article 44 is amended as follows.

(2)

In paragraph (2)(a)—

(a)

in paragraph (i) after “this Order” insert “, except for Schedule 5A”;

(b)

after paragraph (ii) insert—

“(iii)
the Verification Regulation 2018^f1;

(iv)
the Free Allocation Regulation^f2;

(v)
the Activity Level Changes Regulation^f3.”.

(3)

After paragraph (2) insert—

“(2A)
Where the registry administrator considers that a person has contravened, is contravening or is likely to contravene a requirement imposed on the person by or under Schedule 5A, the registry administrator may give notice (an “enforcement notice”) to the person.”.

(4)

In paragraph (3)(a) after “regulator” insert “, or the requirement imposed by or under Schedule 5A that the registry administrator,”.

(5)

In paragraph (5) after “regulator” insert “or the registry administrator”.

Annotations

Footnotes

f1: “Verification Regulation 2018” is defined in art 4(1) of S.I. 2020/1265 as Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018. Article 25 of that Order provides that the Regulation has effect for the purposes of the UK Emissions Trading Scheme, subject to modifications set out in Schedule 5 to that Order.
f2: EUR 2019/331, amended by S.I. 2020/1557 and S.I. 2021/XXXX. (“Free Allocation Regulation” is defined in article 4(1) of S.I. 2020/1265.)
f3: EUR 2019/1842, amended by S.I. 2020/1557. (“Activity Level Changes Regulation” is defined in article 4(1) of S.I. 2020/1265.)