The Greenhouse Gas Emissions Trading Scheme Regulations 2003

Appeals against a decision of, or a notice served by, the regulator

26.—(1) Subject to paragraph (3), the following persons, namely—

(a) a person who has been refused the grant of a greenhouse gas emissions permit under regulation 9;

(b) a person who has been refused the variation of the conditions of a greenhouse gas emissions permit on an application under regulation 13(2);

(c) a person who is aggrieved by the conditions attached to his greenhouse gas emissions permit following an application under regulation 8 or by a variation notice following an application under regulation 13(2);

(d) a person whose application under regulation 14(1) for a regulator to effect the transfer of a greenhouse gas emissions permit has been refused or who is aggrieved by the conditions attached to his greenhouse gas emissions permit to take account of such a transfer;

(e) a person whose application under regulation 15(1) to surrender a greenhouse gas emissions permit has been refused, or who, in the case of a partial surrender, is aggrieved by the conditions attached to his greenhouse gas emissions permit to take account of the surrender; or

(f) a person who is aggrieved by the regulator’s determination of reportable emissions under regulation 24,

may appeal against the decision of the regulator to the appropriate authority.

(2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 13(2), or on whom a revocation notice or an enforcement notice is served may appeal against the notice to the appropriate authority.

(3) Paragraphs (1) and (2) shall not apply where the decision or notice, as the case may be, implements a direction of the appropriate authority given under paragraph (4) or regulation 36.

(4) On determining an appeal against a decision of a regulator under paragraph (1) the appropriate authority may—

(a) affirm the decision;

(b) where the decision was a refusal to grant a greenhouse gas emissions permit or to vary the conditions of a greenhouse gas emissions permit, direct the regulator to grant the permit or to vary the conditions of the permit, as the case may be;

(c) where the decision was as to the conditions attached to a greenhouse gas emissions permit, quash all or any of the conditions of the permit;

(d) where the decision was a refusal to effect the transfer or accept the surrender of a greenhouse gas emissions permit, direct the regulator to effect the transfer or accept the surrender, as the case may be; or

(e) where the decision was to determine the amount of reportable emissions from an installation, quash the determination and direct the regulator to re-determine the reportable emissions,

and where it exercises any of the powers in sub-paragraph (b) or (c) it may give directions as to the conditions to be attached to the permit.

(5) Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a greenhouse gas emissions permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

(6) Where an appeal is brought under paragraph (2) against a variation notice or an enforcement notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(7) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(8) Where an appeal is brought against a determination of reportable emissions the determination shall not be used for the purpose of checking compliance with a condition included in a greenhouse gas emissions permit pursuant to regulation 10(3) or the conditions for surrender of a permit in regulation 15(3)(b) pending the final determination or the withdrawal of the appeal.

(9) Regulation 10 shall apply where the appropriate authority, in exercising any of the powers in paragraph (4), gives directions as to the conditions to be attached to a greenhouse gas emissions permit as they would apply to the regulator when determining the conditions of the permit.

(10) For the purposes of appeals under this regulation, the appropriate authority in relation to installations (other than offshore installations) situated in Northern Ireland shall be the Planning Appeals Commission.