[F1PART 4AU.K.Free Allocation

Textual Amendments

CHAPTER 2U.K.Aviation

Errors in aviation allocation tableU.K.

34R.—[F2(1) This article applies where the regulator considers that, as a result of a relevant error—

(a)the number of allowances set out in the aviation allocation table as a person’s aviation free allocation entitlement for a scheme year is materially greater, or materially less, than the number that would otherwise have been set out in the table but for the relevant error; or

(b)there has been a failure to include an entry for a person with an aviation free allocation entitlement in the aviation allocation table.]

(2) In this article, “relevant error” means—

(a)an error in an application under article 34L or 34Q;

(b)an error of the regulator or the UK ETS authority in the exercise of functions under this Order (including under this article).

(3) The regulator must calculate the number of allowances that, in the regulator's opinion, make up the person's correct aviation free allocation entitlement for the scheme year.

(4) The regulator must send to the UK ETS authority—

(a)details of the relevant error;

(b)the calculation referred to in paragraph (3).

(5) If the UK ETS authority considers that [F3there is a relevant error and, as a result of the relevant error, the circumstances referred to in paragraph (1)(a) or (b) apply in relation to the person], the UK ETS authority must—

(a)approve the person's aviation free allocation entitlement for the scheme year, making any corrections to the calculation referred to in paragraph (3) that the UK ETS authority considers appropriate; and

(b)inform the regulator accordingly.

(6) The regulator must give notice to the person of—

(a)the relevant error;

(b)the person's aviation free allocation entitlement for the scheme year as approved by the UK ETS authority under paragraph (5).]

Textual Amendments