Article 13 Article 34H amended (installations: errors in applications for free allocation, etc.)

Article 34H is amended as follows.

For paragraph (1) substitute—

“(1)

This article applies where the regulator considers that, as a result of a relevant error—

(a)

either—

(i)

the final annual number of allowances set out in an allocation table to be allocated in respect of an installation for a scheme year; or

(ii)

the number of allowances allocated in accordance with an allocation table under article 34E in respect of an installation for a scheme year,

is materially greater, or materially less, than the number that would otherwise have been set out in the table but for the relevant error; or

(b)

there has been a failure to include an entry for an installation in an allocation table.”.

In paragraph (6) in the words before sub-paragraph (a) for the words from “that, as a result of the relevant error” to “but for the relevant error” substitute “that there is a relevant error and, as a result of the relevant error, the circumstances referred to in paragraph (1)(a) or (b) apply in relation to the installation”.