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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 14 April 2022 - onwards
Version 4 of 4

Article 44 Enforcement notices

(1) Where the regulator considers that a person has contravened, is contravening or is likely to contravene a relevant requirement, the regulator may give notice (an "enforcement notice") to the person.

(2) In paragraph (1), "relevant requirement" means -

(a) a requirement imposed on the person by or under -

(i) this Order, except for Schedule 5A;

(ii) the Monitoring and Reporting Regulation 2018;

(iii) the Verification Regulation 2018 ["Verification Regulation 2018" is defined in article 4(1) of S.I. 2020/1265 as Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018. Article 25 of that Order provides that the Regulation has effect for the purposes of the UK Emissions Trading Scheme, subject to modifications set out in Schedule 5 to that Order.];

(iv) the Free Allocation Regulation [EUR 2019/331, amended by S.I. 2020/1557 and 2021/1455. ("Free Allocation Regulation" is defined in article 4(1) of S.I. 2020/1265.)];

(v) the Activity Level Changes Regulation [EUR 2019/1842, amended by S.I. 2020/1557. ("Activity Level Changes Regulation" is defined in article 4(1) of S.I. 2020/1265.)].