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20. (1) The carbon emissions reduction obligation of one generator or supplier (“person A”) may be treated as achieved in whole or part by qualifying action completed by a generator or a supplier (“person B”) (“a transfer”).
(2) A transfer only has effect if approved by the Authority.
(3) To obtain approval, persons A and B must—
(a)apply for approval in writing to the Authority by 31st December 2012; and
(b)provide to the Authority such information, including the number and type of qualifying actions in question, as the Authority may reasonably require.
(4) The Authority must not approve a transfer where it has reasonable grounds to believe that, if the transfer were approved, the carbon emissions reduction obligation placed on person B will not be achieved.
(5) If the Authority decides not to approve a transfer under paragraph (4) it must notify persons A and B of the reasons for that decision.
(6) The completed qualifying action under a transfer does not count towards the carbon emissions reduction obligation of person B.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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