OpenLegislation

Article 34U Return of allowances: notice to registry administratorF1

(1)

A notice under this article is a notice to the registry administrator requiring the registry administrator to transfer allowances equal to the number of allowances to which a person is not entitled from the person's operator holding account or aircraft operator holding account to a central account.

(2)

The notice must set out—

(a)

the number of allowances to which the person is not entitled;

(b)

the reason why the person is not entitled to the allowances;

(c)

the operator and installation from whose operator holding account, or the person from whose aircraft operator holding account, the transfer must be made.

(3)

The registry administrator—

(a)

must comply with the notice to the extent that there are sufficient allowances in the person's account;

(b)

may suspend other transfers from the account until the notice is complied with.

(4)

Paragraph (3)(a) does not apply until the period for bringing an appeal against the notice under article 70 has expired or, if an appeal is brought, until the appeal is determined or withdrawn.

(5)

Where the regulator gives a notice under this article to the registry administrator, the regulator must also give a copy of the notice to the person who is not entitled to the allowances.

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