Regulation 76 Effect of an appealF1

United Kingdom

(1)

~~Subject to paragraphs~~ ~~F2(2) and (3), the bringing of an appeal under regulation 73 suspends the effect of the decision pending the final determination or withdrawal of the appeal.~~

(2)

~~The bringing of an appeal does not suspend the effect of—~~

(a)

~~a decision refusing an application;~~

(b)

~~a deemed refusal;~~

(c)

~~a notice~~ ~~F3or notification~~ ~~under—~~

(i)

~~regulation 11(2), (3)(b) or (4);~~

F4(ii)

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

(~~iii~~)

~~regulation 43(1);~~

(iv)

~~paragraph 8(1) or (4) of Schedule 5;~~ F5~~...~~

F6(v)

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

F7(vi)

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

(3)

Where (following an application for a permit or for the transfer of a permit) a permit has been granted or varied, the bringing of an appeal against the provisions of the permit or the terms of the variation does not suspend the effect of those provisions or terms.

F8(4)

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

(5)

The bringing of an appeal against a determination of emissions under regulation 44(4) suspends the effect of the decision only for the purpose of assessing whether there has been compliance with regulation 41 or 42.

(6)

~~The bringing of an appeal under regulation 74 does not suspend the effect of the decision pending the final determination or withdrawal of the appeal.~~

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: Words in reg. 76(1) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 29(a) (with reg. 46)
F3: Words in reg. 76(2)(c) inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 10(2)
F4: Reg. 76(2)(c)(ii) 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), 29(b) (with reg. 46)
F5: Word in reg. 76(2)(c)(iv) omitted (4.12.2015) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 10(3)
F6: Reg. 76(2)(c)(v) 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), 29(b) (with reg. 46)
F7: Reg. 76(2)(c)(vi) 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), 29(b) (with reg. 46)
F8: Reg. 76(4) 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), 29(c) (with reg. 46)