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The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2007
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- 2007 No. 465
- Regulation 4
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Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2005
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4. At the end of regulation 46 (agreement of Scottish Ministers, etc), add—
“(5) Subject to paragraph (8), the power of the Secretary of State under regulation 21A(1) (but not any power of the Environment Agency or the Scottish Environment Protection Agency which arises by virtue of regulation 21A(12)) is exercisable only with the consent of the Scottish Ministers, the National Assembly for Wales and the Department of the Environment (“the devolved administrations”).
(6) Subject to paragraph (8), the Secretary of State’s power of appointment under regulation 21A(12), including the power to impose limitations on such an appointment, is exercisable only with the consent of the devolved administrations.
(7) Consent under paragraph (5) means consent to the manner in which the Secretary of State intends to conduct an auction or sale of allowance.
(8) The Secretary of State may exercise the power in regulation 21A(1) or (12) where—
(a)consent of any one or more of the devolved administrations has not been given;
(b)he considers that it is necessary to exercise the power to ensure that the United Kingdom complies with its obligations under the Directive; and
(c)he serves a notice on each of the devolved administrations which has not given its consent stating that he has decided to exercise the power without such consent.”.
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