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The Greenhouse Gas Emissions Trading Scheme Regulations 2003

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This is the original version (as it was originally made).

Registry

20.—(1) The Secretary of State shall establish and maintain a registry in accordance with the requirements of Article 19 of the Directive.

(2) The Secretary of State shall ensure that the registry operates so that allowances are transferred, surrendered and cancelled in accordance with Articles 12 and 13 of the Directive.

(3) For the purpose of performing her duties under paragraphs (1) and (2), the Secretary of State shall carry out the following functions in respect of the registry—

(a)opening accounts in the names of operators and other persons;

(b)issuing allowances into accounts;

(c)transferring allowances;

(d)cancelling allowances;

(e)arranging for the surrender of allowances;

(f)suspending accounts;

(g)closing accounts; and

(h)correcting errors and omissions in relation to the issue, transfer, cancellation or surrender of allowances.

(4) Where—

(a)an operator fails to submit to the regulator the report required to be submitted to the regulator by conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(2)(a)(ii) or the report submitted is incomplete; or

(b)the report submitted to the regulator in accordance with conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(2)(a)(ii) or part of such report cannot be verified in accordance with the condition imposed pursuant to regulation 10(2)(b),

the operator or, where the installation is covered by a notice under regulation 21(10)(b) authorising a pool, the pool administrator, may not make further transfers of allowances until the report has been submitted to the regulator and has been verified in accordance with the conditions of the greenhouse gas emissions permit imposed pursuant to regulation 10(2)(b) or the regulator has notified a determination in accordance with regulation 24.

(5) To the extent to which any function under paragraph (3) is exercisable in relation to a particular installation, the Secretary of State may delegate that function to the regulator of that installation.

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