There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Greenhouse Gas Emissions Trading Scheme Order 2020. Any changes that have already been made by the team appear in the content and are referenced with annotations.
44.—(1) Where the regulator considers that a person has contravened, is contravening or is likely to contravene a relevant requirement, the regulator may give notice (an “enforcement notice”) to the person.
(2) In paragraph (1), “relevant requirement” means—
(a)a requirement imposed on the person by or under—
(i)this Order [F1, except for Schedule 5A];
(ii)the Monitoring and Reporting Regulation 2018;
[F2(iii)the Verification Regulation 2018;
(iv)the Free Allocation Regulation;
(v)the Activity Level Changes Regulation.]
(b)a condition of a permit;
(c)a condition of an emissions monitoring plan.
[F3(2A) Where the registry administrator considers that a person has contravened, is contravening or is likely to contravene a requirement imposed on the person by or under Schedule 5A, the registry administrator may give notice (an “enforcement notice”) to the person.]
(3) An enforcement notice must set out—
(a)the relevant requirement that the regulator [F4, or the requirement imposed by or under Schedule 5A that the registry administrator,] considers has been contravened, is being contravened or is likely to be contravened;
(b)details of the contravention or likely contravention;
(c)the steps that must be taken to remedy the contravention or to ensure that a contravention does not occur;
(d)the period within which the steps must be taken;
(e)information about rights of appeal.
(4) The person to whom the enforcement notice is given must comply with the requirements of the notice within the period set out in the notice.
(5) The regulator [F5or the registry administrator] may withdraw an enforcement notice at any time by giving notice of the withdrawal to the person to whom the enforcement notice is given.
Textual Amendments
F1Words in art. 44(2)(a)(i) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(2)(a), 14
F2Art. 44(2)(a)(iii)-(v) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(2)(b), 14
F3Art. 44(2A) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(3), 14
F4Words in art. 44(3)(a) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(4), 14
F5Words in art. 44(5) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 7(5), 14
Commencement Information
I1Art. 44 in force at 12.11.2020, see art. 2(1)
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