# The Greenhouse Gas Emissions Trading Scheme Order 2020, Article 45A: Determination of maritime emissions by regulator


(1) The regulator must make a determination of emissions of a maritime operator that fails to submit a report of its maritime emissions (the “annual emissions report”) in accordance with paragraph 14 of Schedule 2A.
(2) Where a verifier states in a verification report under paragraph 59 of Schedule 2A that there are non-material misstatements in the annual emissions report of the maritime operator that have not been corrected by the maritime operator before the verification report is issued—
(a) the regulator must—
(i) assess the misstatements;
(ii) if the regulator considers it appropriate, make a determination of emissions of the maritime operator;
(iii) give notice to the maritime operator as to whether or not corrections are required to the annual emissions report and, if corrections are required, set out the corrections in the notice; and
(b) the maritime operator must make the information referred to in sub-paragraph (a)(iii) available to the verifier.
(3) The regulator may make a determination of emissions of the maritime operator if the regulator considers that the determination of maritime emissions is necessary for the purpose of imposing, or considering whether to impose, a civil penalty until article 47.
(4) A regulator who makes a determination under this article must give notice of the determination to the maritime operator or the person on whom the civil penalty referred to in paragraph (3) may be imposed.
(5) A notice of a determination of maritime emissions determines for the purposes of this Order (including for calculating a civil penalty under article 47) the maritime operator’s maritime emissions for the period to which the determination relates.
(6) Where, after making a determination under this article (including a rectified determination of emissions, or a further rectified determination of emissions, made under this paragraph), the regulator considers that there is an error in the determination, the regulator must—
(a) withdraw any notice of the determination given under paragraph (4);
(b) make a rectified determination; and
(c) give notice of the rectified determination in accordance with paragraph (4),
and paragraph (5) applies to a notice of the rectified determination as it does to the notice of the previous determination.
(7) The obligation to give notice of a rectified determination under paragraph (6)(c) does not apply where that person was not a maritime operator in the scheme year to which the determination relates.
(8) For the purposes of this article, emissions must be determined on the basis of a set of assumptions designed to ensure that no under-estimation occurs.

---
Source: https://www.legislation.gov.uk/uksi/2020/1265/article/45A (the official version)
Page: https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-order-2020/article-45A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.