The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Rights of appeal U.K.

73.—(1) Subject to paragraph (3), the following persons may appeal to the appeal body—

(a) a person who is aggrieved by a decision determining any application made by them under these Regulations;

(b) a person who is aggrieved by a notice served on them [F1 or notification given to them] under any provision mentioned in paragraph (2).

(2) Those provisions are—

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

(b) regulation 14(1);

(c) regulation 26(2);

(d) regulation 37(1), (2)(b) or (3);

(e) regulation 43(1);

(f) regulation 44(4);

(g) regulation 45(2);

(h) regulation 50(1) or (3);

(i) paragraph 8(1) or (4) of Schedule 5;

(j) paragraph 6(7)(a) of Schedule 6, in relation to a decision to make a request under paragraph 6(5)(a) or (b) of that Schedule;

(k) paragraph 7(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 7(9)(a) of that Schedule;

(l) paragraph 7(11)(b) of Schedule 6;

(m) paragraph 8(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 8(9)(a) or (b) of that Schedule;

(n) paragraph 11(2) of Schedule 6;

[F2 (na) paragraph 7(7)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 7(5)(a) or (b) of that Schedule;

(nb) paragraph 8(14)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 8(12)(a) or (b) of that Schedule;

(nc) paragraph 8(14)(b) of Schedule 6A;

(nd) paragraph 9(7)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 9(5)(a) or (b) of that Schedule;

(ne) paragraph 12(2) of Schedule 6A;]

(o) paragraph 10(2) of Schedule 7.

(3) An appeal under paragraph (1) may not be made to the extent that the decision implements—

(a) a direction given by the authority under section 40 of the Environment Act 1995 [F3 , article 11 of the NRBW Order] or regulation 37 of the Northern Ireland Regulations F4 , or

(b) a direction given by an appeal body under these Regulations.

Textual Amendments

F1 Words in reg. 73(1)(b) inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 9(2)

F2 Reg. 73(2)(na)-(ne) inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 9(3)

F3 Words in reg. 73(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 423 (with Sch. 7)

F4 Regulation 37 is modified by regulation 7(2) of these Regulations.