Regulation 43 Enforcement noticesF1

United Kingdom

(1)

Where the regulator considers that a person (“P”) has contravened, is contravening, or is likely to contravene a relevant provision, the regulator may serve a notice (“enforcement notice”) on P.

(2)

~~For the purpose of paragraph (1), a “relevant provision” is any provision of—~~

(a)

~~these Regulations;~~

(b)

~~the Monitoring and Reporting Regulation~~ ~~F22018~~;

(c)

~~a permit;~~ F3~~...~~

(d)

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

(3)

~~An enforcement notice must—~~

(a)

~~state the regulator's view under paragraph (1);~~

(b)

~~specify the matters constituting the contravention or making a contravention likely;~~

(c)

~~specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur; and~~

(d)

~~specify the period within which those steps must be taken.~~

(4)

~~P must comply with the requirements of the notice within the period so specified.~~

(5)

~~The regulator may withdraw an enforcement notice at any time by further notice served on P.~~

Annotations

Textual amendments

F1: Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12
F2: Word in reg. 43(2)(b) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 17 (with reg. 31(2)) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
F3: Reg. 43(2)(d) and word omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 11 (with reg. 46)