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The Greenhouse Gas Emissions Trading Scheme Order 2020

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This is the original version (as it was originally made).

Enforcement notices

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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;

(ii)the Monitoring and Reporting Regulation 2018;

(b)a condition of a permit;

(c)a condition of an emissions monitoring plan.

(3) An enforcement notice must set out—

(a)the relevant requirement that the regulator 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 may withdraw an enforcement notice at any time by giving notice of the withdrawal to the person to whom the enforcement notice is given.

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