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The Greenhouse Gas Emissions Trading Scheme Order 2020
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- UK Statutory Instruments
- 2020 No. 1265
- PART 6
- Article 39
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Changes over time for: Section 39
Alternative versions:
- 12/11/2020- Amendment
- 31/12/2020- Amendment
- 14/04/2022- Amendment
- 20/12/2023- Amendment
- 20/12/2023
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There are currently no known outstanding effects for the The Greenhouse Gas Emissions Trading Scheme Order 2020, Section 39.
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InspectionsU.K.
This section has no associated Explanatory Memorandum
39.—(1) The regulator [F1or an authorised person] may, at a reasonable time, inspect any premises and any thing in or on those premises in order to monitor compliance with this Order [F2, the Monitoring and Reporting Regulation 2018, the Verification Regulation 2018, the Free Allocation Regulation or the Activity Level Changes Regulation].
(2) Reasonable prior notice must be given before exercising the powers in this article.
(3) A person in control of the premises to which the regulator or authorised person reasonably requires access must allow the regulator or authorised person to have such access.
(4) The regulator or authorised person may, when inspecting premises—
(a)make any such examination and investigation as may be necessary;
(b)install or maintain monitoring equipment or other apparatus;
(c)request the production of any record;
(d)take measurements, photographs, recordings or copies of any thing;
(e)take samples of any articles or substances found in, or on, the premises and of the air, water or land in, on, or in the vicinity of, those premises;
(f)request any person at the premises to provide facilities or assistance to the extent that is within that person's control.
(5) Except to the extent agreed by the person in control of a place or premises, the power referred to in paragraph (1) does not apply to—
(a)a prohibited place [F3within the meaning of Part 1 of the National Security Act 2023]; or
(b)any other premises to which the Crown restricts access on the ground of national security.
Textual Amendments
F1Words in art. 39(1) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 5(2)
F2Words in art. 39(1) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 22(2)
F3Words in art. 39(5)(a) substituted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 59
Commencement Information
I1Art. 39 in force at 12.11.2020, see art. 2(1)
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