Article 44 Enforcement noticesI1
United Kingdom
Where the regulator considers that a person has contravened, is contravening or is likely to contravene a relevant requirement, the regulator may give notice (an “enforcement notice”) to the person.
In paragraph (1), “relevant requirement” means—
a condition of a permit;
a condition of an emissions monitoring plan.
Where the registry administrator considers that a person has contravened, is contravening or is likely to contravene a requirement imposed on the person by or under Schedule 5A, the registry administrator may give notice (an “enforcement notice”) to the person.
An enforcement notice must set out—
the relevant requirement that the regulator F4, or the requirement imposed by or under Schedule 5A that the registry administrator, considers has been contravened, is being contravened or is likely to be contravened;
details of the contravention or likely contravention;
the steps that must be taken to remedy the contravention or to ensure that a contravention does not occur;
the period within which the steps must be taken;
information about rights of appeal.
The person to whom the enforcement notice is given must comply with the requirements of the notice within the period set out in the notice.
The regulator F5or the registry administrator may withdraw an enforcement notice at any time by giving notice of the withdrawal to the person to whom the enforcement notice is given.
Annotations
Textual amendments
- F1
Words in art. 44(2)(a)(i) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(2)(a), 14
- F2
Art. 44(2)(a)(iii)-(v) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(2)(b), 14
- F3
Art. 44(2A) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(3), 14
- F4
Words in art. 44(3)(a) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(4), 14
- F5
Words in art. 44(5) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(5), 14
Commencement
- I1
Art. 44 in force at 12.11.2020, see art. 2(1)
Notes on Chapter 1
Textual amendments
- F1
Words in Pt. 7 Ch. 1 heading inserted (1.1.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(2)(b), 14