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

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.