Article 34R Errors in aviation allocation tableF1
This article applies where the regulator considers that, as a result of a relevant error—
the number of allowances set out in the aviation allocation table as a person’s aviation free allocation entitlement 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
there has been a failure to include an entry for a person with an aviation free allocation entitlement in the aviation allocation table.
In this article, “relevant error” means—
an error in an application under article 34L or 34Q F3or under article 43 of the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024;
an error of the regulator or the UK ETS authority in the exercise of functions under this Order (including under this article) F4or article 42 or 43 of the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024.
The regulator must calculate the number of allowances that, in the regulator's opinion, make up the person's correct aviation free allocation entitlement for the scheme year.
The regulator must send to the UK ETS authority—
details of the relevant error;
the calculation referred to in paragraph (3).
If the UK ETS authority considers that F5there 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 person, the UK ETS authority must—
approve the person's aviation free allocation entitlement for the scheme year, making any corrections to the calculation referred to in paragraph (3) that the UK ETS authority considers appropriate; and
inform the regulator accordingly.
The regulator must give notice to the person of—
the relevant error;
the person's aviation free allocation entitlement for the scheme year as approved by the UK ETS authority under paragraph (5).
Annotations
Textual amendments
- F1
Pt. 4A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 18
- F2
Art. 34R(1) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 17(2)
- F3
Words in art. 34R(2)(a) inserted (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 13(2)(a)
- F4
Words in art. 34R(2)(b) inserted (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 13(2)(b)
- F5
Words in art. 34R(5) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 17(3)
Notes on Chapter 2
Modifications
- C1
Pt. 4A Ch. 2 modified (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 42(7)