PART 8Appeals

Effect of appealsI172

1

Subject to F2paragraphs (2) to (6), the bringing of an appeal under article 70 (right of appeal) suspends the effect of the decision or notice pending the final determination or withdrawal of the appeal.

2

The bringing of an appeal does not suspend the effect of—

a

a decision refusing an application;

b

a deemed refusal;

c

a notice under—

i

article 31(4), (5) or (6) (variation of an emissions monitoring plan);

F3ia

article 34W(1) (notice to withhold allowances);

ii

F6article 44(1) or (2A) (enforcement notices);

F4iia

paragraph 11(5) of Schedule 5A (notice suspending operator holding account);

iib

paragraph 12(4) of Schedule 5A (notice suspending operator holding account on transfer);

iic

paragraph 13(4) of Schedule 5A (notice suspending aircraft operator holding account);

iid

paragraph 14(4)(b) of Schedule 5A (notice refusing to open trading account);

iie

paragraph 16(7)(b) of Schedule 5A (notice refusing to appoint authorised representative);

iif

paragraph 17(4)(b) of Schedule 5A (notice refusing to change account permission);

iig

paragraph 18(2) of Schedule 5A (notice suspending access to registry of authorised representative);

iih

paragraph 19(2) of Schedule 5A (notice removing authorised representative);

iii

paragraph 25(3) of Schedule 5A (notice suspending account);

iij

paragraph 29(4) of Schedule 5A (notice closing trading account);

iii

paragraph 6(4) or (5) of Schedule 6 (variation of permits);

iv

paragraph 23(1) or (2) of Schedule 7 (end of hospital or small emitter status);

v

paragraph 7(2) of Schedule 8 (end of ultra-small emitter status).

F5vi

Article 8(6)(b) of the Free Allocation Regulation (notice rejecting monitoring methodology plan).

F7vii

Article 12(4)(b) of the Monitoring and Reporting Regulation 2018 (notice rejecting monitoring plan).

3

Where a permit has been granted or varied (following an application for a permit or for the transfer of a permit), the bringing of an appeal against the provisions of the permit or the terms of the variation does not suspend the effect of those provisions or terms.

4

Where an emissions monitoring plan has been issued following an application under article 28(1), the bringing of an appeal against the conditions included in the plan does not suspend the effect of those conditions.

5

The bringing of an appeal against a determination of reportable emissions or aviation emissions under article 45(5) suspends the effect of the decision only for the purpose of assessing whether there has been compliance with article 27 or 34 (surrender of allowances).

F16

The bringing of an appeal against a notice under article 34U (return of allowances: notice to registry administrator) does not affect the registry administrator's power under paragraph (3)(b) of that article (power to suspend transfers from account).