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The Greenhouse Gas Emissions Trading Scheme Order 2020

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[F1National securityU.K.

This section has no associated Explanatory Memorandum

75C.(1) The UK ETS authority may not publish any information under article 34D (allocation tables: publication, etc.) or 34N (aviation allocation table) [F2, paragraph 31 of Schedule 5A (information about accounts) or paragraph 22A of Schedule 7 (publication of emissions targets and reportable emissions)] if the publication of the information would be contrary to the interests of national security.

(2) The regulator may not publish any information under article 49 (publication of names of persons subject to civil penalty under article 52) if the publication of the information would be contrary to the interests of national security.

(3) The UK ETS authority and the regulator must exercise functions under this article, and the registry administrator must exercise functions under a relevant provision, in accordance with a direction given by the Secretary of State under section 52 of CCA 2008 as to what is or is not contrary to the interests of national security.

(4) Except where the regulator is the Secretary of State, the regulator must notify the Secretary of State of any information excluded from publication under paragraph (2).

(5) The registry administrator must notify the Secretary of State of any matter excluded from a notice under a relevant provision on the grounds that its inclusion in the notice would be contrary to the interests of national security.

(6) In this article, “relevant provision” means any of the following provisions of Schedule 5A—

(a)paragraph 11(6) (operator holding accounts);

(b)paragraph 12(5) (transfer of operator holding accounts);

(c)paragraph 13(5) (aircraft operator holding accounts);

(d)paragraph 14(5) (trading accounts);

(e)paragraph 16(8) (appointment of authorised representatives);

(f)paragraph 17(5) (change in account permission of authorised representatives);

(g)paragraph 18(3) (suspension of access to registry of authorised representatives);

(h)paragraph 19(3) (removal of authorised representatives);

(i)paragraph 25(4) (suspension of accounts);

(j)paragraph 29(5) (closure of trading accounts).]

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