Article 34V Return of allowances: notice to operator, etc.F1
A notice under this article is a notice to a person requiring the person to return allowances equal to the number of allowances to which the person is not entitled.
The notice must set out—
the number of allowances to which the person is not entitled;
the reason why the person is not entitled to the allowances;
the process by which the allowances must be returned;
the date by which the allowances must be returned.
The person to whom the notice is given must comply with the notice.
Where a notice is given under this article to a transferring operator in respect of allowances to which the transferring operator is not entitled that were allocated before the transfer of a greenhouse gas emissions permit under paragraph 9 of Schedule 6 takes effect, the notice may provide for the transferring operator to transfer allowances to the new operator and for the process by which the allowances must be returned by the new operator; and in such a case the notice must be given to the new operator as well as the transferring operator and both must comply with the notice.
In paragraph (4), “new operator” and “transferring operator” have the meanings given in paragraph 7(5) of Schedule 6.
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