# The Greenhouse Gas Emissions Trading Scheme Order 2020, Article 70: Right of appeal


(1) Subject to paragraph (3), the following may appeal to the appeal body—
(a) a person who is aggrieved by a decision of the regulator determining an application made by the person under this Order;
(b) a person who is aggrieved by a notice given to the person, under a provision referred to in paragraph (2).
(2) Those provisions are—
(a) article 30(1) (refusal of application for an emissions monitoring plan);
(b) article 31(4), (5) or (6) (variation of an emissions monitoring plan);
(c) article 44(1) (enforcement notices);
(d) article 45(5) (determination of reportable emissions by regulator);
(e) article 47(3) or (7) (penalty notices);
(f) article 75(1) (information notices);
(g) paragraph 1(12) of Schedule 3 (application to be treated as being withdrawn);
(h) paragraph 6(4) or (5) of Schedule 6 (variation of permits);
(i) paragraph 10(2) of Schedule 6 (transfer of permits: underreporting discovered after transfer);
(j) paragraph 12(4) of Schedule 6 (revocation of permits);
(k) paragraph 23(1) or (2) of Schedule 7 (conversion notices);
(l) paragraph 7(2) of Schedule 8 (end of ultra-small emitter status);
(m) paragraph 1(3)(b) or (4)(b) of Schedule 11 (permits under GGETSR 2012).
(3) An appeal under paragraph (1) may not be made to the extent that the decision implements—
(a) a direction given under—
(i) section 40 of the Environment Act 1995;
(ii) section 52 of CCA 2008;
(iii) article 11 of the Natural Resources Body for Wales (Establishment) Order 2012;
(iv) regulation 40 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(b) a direction given by an appeal body under this Order.
(4) To avoid doubt, no appeal may be brought under paragraph (1)(a) in respect of a preliminary assessment under—
(a) paragraph 5(3) of Schedule 7;
(b) paragraph 3(3) of Schedule 8.

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348209761/article/70 (the official version)
Page: https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-order-2020/article-70
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.