Paragraph 7 Suspension of registry due to security concernsF1

(1)

The UK ETS authority or the registry administrator may suspend access to the registry if the UK ETS authority or the registry administrator considers that—

(a)

a security breach has occurred; or

(b)

there is a significant risk that a security breach will occur.

(2)

Where access to the registry is suspended, the UK ETS authority or, as the case may be, the registry administrator must, as soon as reasonably practicable after the suspension takes effect, inform—

(a)

each regulator;

(b)

if the UK ETS authority suspends access to the registry, the registry administrator;

(c)

if the registry administrator suspends access to the registry, the UK ETS authority.

(3)

The UK ETS authority must, as soon as reasonably practicable and in any event within 2 working days beginning with the day (the “relevant day”) on which the UK ETS authority suspends access to the registry or is informed of a suspension under sub-paragraph (2)(c) or, if the relevant day is not a working day, within 2 working days beginning with the first working day after the relevant day consider whether the suspension should remain in place and—

(a)

if the UK ETS authority considers the suspension should remain in place, inform each regulator and the registry administrator that the suspension will remain in place; or

(b)

if the UK ETS authority considers the suspension should be lifted—

(i)

lift the suspension or instruct the registry administrator to lift the suspension;

(ii)

inform each regulator and, where the UK ETS authority lifts the suspension, the registry administrator that the suspension has been lifted.

(4)

Where the suspension remains in place in accordance with sub-paragraph (3)(a), the UK ETS authority must, as soon as reasonably practicable after the UK ETS authority considers that the circumstances giving rise to the suspension no longer exist—

(a)

lift the suspension or instruct the registry administrator to lift the suspension;

(b)

inform each regulator and, where the UK ETS authority lifts the suspension, the registry administrator that the suspension has been lifted.

Annotations

Textual amendments

F1: Sch. 5A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 37