The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (revoked)

PART 6 INFORMATION

Information

35.—(1)  [F1 For the purposes in paragraph (4),] an appropriate authority, a responsible authority or the Secretary of State may, by notice served on a regulator, require the regulator to furnish such information about the discharge of its functions as a regulator as the appropriate authority, responsible authority or the Secretary of State may require.

(2) [F2 For the purposes in paragraph (4),] an appropriate authority, a responsible authority, the Secretary of State or a regulator may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

(3) The information which a person may be required to furnish by a notice served under paragraph (2) includes information, which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with that notice.

[F3 (4) The purposes referred to in paragraphs (1) and (2) are—

(a) the purpose of the discharge of the relevant body’s functions under these regulations; and

(b) the purpose of applying, seeking to apply, or assessing whether to seek to apply emission allowance trading to activities, installations and greenhouse gases which are not listed in Schedule 1 in accordance with Article 24 of the Directive.

(5) Where the Secretary of State is entitled to serve a notice on a person under paragraph (2)—

(a) in relation to England and Wales, the regulator; and,

(b) in relation to Scotland and Northern Ireland, the regulator or the Environment Agency,

may serve that notice for the purpose of assisting the Secretary of State.]

[F4 (6) The Secretary of State may use any information which she holds or has obtained for the purposes of these Regulations, and may share such information with other government bodies, for the purpose of preparing and publishing national energy and emissions statistics, including the preparation and publication of a national inventory.

(7) In this regulation, “national inventory” means the estimation of anthropogenic emissions of greenhouse gases by sources and removals of all greenhouse gases by sinks not controlled by the Montreal Protocol under Article 4(1)(a) of the UNFCCC.]

Textual Amendments

F1 Words in reg. 35(1) substituted (13.11.2005) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. 2005/2903), regs. 1, 4(d)(i)

F2 Words in reg. 35(2) substituted (13.11.2005) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. 2005/2903), regs. 1, 4(d)(ii)

F3 Reg. 35(4)(5) added (13.11.2005) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. 2005/2903), regs. 1, 4(d)(iii)

F4 Reg. 35(6)(7) added (6.4.2006) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 (S.I. 2006/737), regs. 1, 20

Publication of a list of operators subject to penalties

36.  As soon as possible after the expiry of the period of 4 months after the end of each scheme year of each scheme phase, the regulator shall publish a list of the names of operators who are liable to a civil penalty under regulation 39 or 40.

National Security

37.—(1) No information included in a national allocation plan developed under regulation 20(1), in a decision under regulation 21(1) or in a supplementary decision under regulation 25(7) shall be published, if, in the opinion of the Secretary of State, the inclusion of that information, or information of that description, would be contrary to the interests of national security.

(2) No information shall be included in the list published under regulation 36 if in the opinion of the Secretary of State, the inclusion of that information , or information of that description, would be contrary to the interests of national security.

(3) The Secretary of State may, for the purpose of—

(a) ensuring that information to which paragraph (1) applies is not published; or

(b) securing the exclusion from the list published under regulation 36 of the information to which paragraph (2) applies,

give to the appropriate authorities for installations (other than offshore installations) situated in Scotland, Wales and Northern Ireland directions specifying information, or descriptions of information, which shall not be published or shall be excluded from the list published under regulation 36.

(4) The other appropriate authorities referred to in paragraph (3) shall notify the Secretary of State of any information which is not published or which is excluded from a list published in accordance with regulation 36 in pursuance of directions under paragraph (3).