# The Greenhouse Gas Emissions Trading Scheme Order 2020, Article 45B: Determination of emissions figure for surrender by regulator


(1) For the purposes of this article, the emissions figure for surrender is the maritime operator’s maritime emissions less its surrender deduction in the scheme year to which the determination relates.
(2) The regulator must make a determination of a maritime operator’s emissions figure for surrender in a scheme year where—
(a) a maritime operator entitled to a surrender deduction failed to calculate the surrender deduction in its annual emissions report correctly or at all; or
(b) the maritime operator’s surrender deduction has been altered as a result of a determination of maritime emissions under article 45A.
(3) A regulator who makes a determination under this article must give a notice of determination of the emissions figure for surrender to the maritime operator.
(4) A notice of a determination of emissions figure for surrender determines for the purposes of this Order (including for calculating a civil penalty under article 47) the maritime operator’s maritime emissions less the surrender deduction for the period to which the determination relates.
(5) Where, after making a determination under this article (including a rectified determination, or a further rectified determination, 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 (3);
(b) make a rectified determination; and
(c) give notice of the rectified determination in accordance with paragraph (3),
and paragraph (4) applies to a notice of the rectified determination as it does to the notice of the previous determination.
(6) The obligation to give notice of a rectified determination under paragraph (5)(c) does not apply where that person was not a maritime operator in the scheme year to which the determination relates.

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