The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024
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Change 1
5 Article 4 amended (interpretation)
(1) Article 4 is amended as follows. (2) In paragraph (1)— (a) in the definition of “full-scope flights” after “Gibraltar” insert “, Switzerland”; (b) in the definition of “surrender” after “article 27 or 34” insert “or any other obligation referred to in paragraph (6) of this article”. (3) After paragraph (4) insert— (5) Where an allowance is surrendered in circumstances in which the allowance may be treated as surrendered to comply with more than one obligation referred to in paragraph (6), or with one of those obligations but in respect of more than one scheme year, the regulator may treat the allowance as surrendered to comply with any one of those obligations, or in respect of any one of those scheme years; and consequently any provision of Part 7 under which a deficit notice may be given, or a civil penalty may or must be imposed, in respect of a failure to surrender allowances must be read accordingly. (6) The obligations are obligations to surrender allowances under any of the following— (a) article 27; (b) article 34; (c) a deficit notice under article 44A; (d) a notice under paragraph 10 of Schedule 6; (e) a surrender notice under paragraph 11 of that Schedule; (f) a revocation notice under paragraph 12 of that Schedule. .
5 Article 4 amended (interpretation)
(1) Article 4 is amended as follows. (2) In paragraph (1)— (a) in the definition of “full-scope flights” after “Gibraltar” insert “, Switzerland”; (b) in the definition of “surrender” after “article 27 or 34” insert “or any other obligation referred to in paragraph (6) of this article”. (3) After paragraph (4) insert— (5) Where an allowance is surrendered in circumstances in which the allowance may be treated as surrendered to comply with more than one obligation referred to in paragraph (6), or with one of those obligations but in respect of more than one scheme year, the regulator may treat the allowance as surrendered to comply with any one of those obligations, or in respect of any one of those scheme years; and consequently any provision of Part 7 under which a deficit notice may be given, or a civil penalty may or must be imposed, in respect of a failure to surrender allowances must be read accordingly. (6) The obligations are obligations to surrender allowances under any of the following— (a) article 27; (b) article 34; (c) a deficit notice under article 44A; (d) a notice under paragraph 10 of Schedule 6; (e) a surrender notice under paragraph 11 of that Schedule; (f) a revocation notice under paragraph 12 of that Schedule. .
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