37.—(1) The regulator may, by giving notice to a UK administered operator (“A”), make any variation of A's emissions plan that the regulator considers necessary in consequence of a report made by A under Article 69.
(2) The regulator may, by giving notice to A, vary A's emissions plan where—
(a)A applies to the regulator for an amendment to the emissions plan, pursuant to a condition of the plan; or
(b)A has failed to comply with a requirement in the emissions plan to apply for such an amendment.
(3) The regulator may, by giving notice to a UK administered operator, vary an emissions plan in order to comply with the regulator's duty under regulation 36(1) or 89(4).
[F1(3A) The regulator may, by giving notice to a UK administered operator, vary an emissions plan in order to take account of any amendments to the Directive which may be made from time to time.]
(4) A notice given under paragraph (1), (2)(b) or (3) may specify a period within which a fee for the variation of the emissions plan must be paid.
Textual Amendments
F1Reg. 37(3A) inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 11