The Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2008

PART 4 GENERAL PROVISIONS

Public censure

11.—(1) If the Treasury consider that an account holder has breached these Regulations or the Scheme, the Treasury may publish a statement containing such information as they see fit regarding the breach, including the name of the account holder and the nature of the breach.

(2) If the Treasury propose to publish such a statement, they must give the account holder a notice setting out the terms of the statement and must specify a period of no less than 28 days within which the account holder may make written representations by notice to the Treasury.

(3) The Treasury must then decide, within a reasonable time, whether or not to publish a statement (whether or not in the terms proposed) and must give the account holder, without delay, a notice setting out the terms of the statement.

(4) After a statement under paragraph (1) has been published, the Treasury must send a copy of it to the account holder.

Appointment of an independent observer

12.—(1) The Treasury must appoint an independent observer to oversee any allocation or allocations under these Regulations.

(2) The terms of appointment and remuneration (if any) of the independent observer shall be determined by the Treasury.

(3) The independent observer must provide a report to the Treasury on the conduct of an allocation.

(4) The report must be provided to the Treasury as soon as reasonably practicable after an allocation has taken place.

(5) The person conducting an auction or the person conducting an allocation for payment otherwise than by auction must provide access to any information relating to the allocation that is reasonably required by the independent observer for the purpose of carrying out his functions under this regulation.

Review of decisions

13.—(1) A person in receipt of any decision of the Treasury or of a person conducting an auction or of a person conducting an allocation for payment otherwise than by auction under these Regulations may request a review of the decision.

(2) Such request for a review must be sent by notice to the Treasury within 28 days of notification of the decision.

(3) On receipt of such request the Treasury must carry out a review.

(4) When carrying out a review the Treasury must ensure that the individual responsible for the original decision is not responsible for carrying out the review.

(5) Before determining the outcome of any review under this regulation, the Treasury may appoint an independent person to make a report in writing to them.

(6) If a report is made by the independent person, it must include the independent person’s conclusions and recommendations, if any, or the independent person’s reasons for not making any recommendations.

(7) The terms of appointment and remuneration (if any) of the independent person shall be determined by the Treasury.

(8) On receipt of a report from an independent person, or following its own review of the matter, the Treasury must notify the person requesting the review of their decision in respect of the review.

Notices

14.—(1) Any notice to be given under these Regulations to the Treasury, to a person conducting an auction or to a person conducting an allocation for payment otherwise than by auction—

(a) must be given in writing,

(b) where the Scheme specifies the person to whom the notice is to be addressed, must be marked for the attention of that person,

(c) must be delivered—

(i) by electronic mail to an electronic mail address specified in the Scheme,

(ii) by personal delivery to such address as is specified in the Scheme, or

(iii) by fax to a number specified in the Scheme.

(2) Any notice to be given to the Environment Agency under regulation 9(1)(a) must be given in writing, marked for the attention of the person specified in the Scheme and delivered by electronic mail to an electronic mail address specified in the Scheme.

(3) Any request to be given to the Environment Agency under regulation 9(1)(b) must be given by electronic communication using the automated processes established in accordance with Article 3 of the Registries Regulation.

(4) Any notice to be given under these Regulations by the Treasury or by the person conducting an auction or by the person conducting an allocation for payment otherwise than by auction must be given in writing and may be given to a person—

(a) by leaving it at that person’s address;

(b) by sending it by post to that person at that address; or

(c) where an address for service using electronic mail has been given by that person, by sending it using electronic mail to that person at that address.

(5) Any notice referred to in paragraph (4) may—

(a) in the case of a body corporate (other than a limited liability partnership) be served on the secretary or clerk of that body;

(b) in the case of a limited liability partnership, be served on a member; or

(c) in the case of a partnership (other than a limited liability partnership), be served on or given to a partner or person having the control or management of the partnership business.

Financial provisions

15.—(1) Any sums received by the Treasury or the Secretary of State under or by virtue of these Regulations shall be paid into the Consolidated Fund.

(2) Any sums received by an appointee under or by virtue of these Regulations shall be paid to the Secretary of State who shall pay them into the Consolidated Fund.

(3) In this regulation “appointee” means a person, other than the Secretary of State, appointed by the Treasury under regulation 3(b) or 10(b).