(1) Article 20 is amended as follows.

(2) In paragraph (1) -

(a) in the words before sub-paragraph (a) omit "the sum of";

(b) in sub-paragraph (a)(ii) omit the "and" at the end of the paragraph;

(c) omit sub-paragraph (b).

(3) For paragraph (2) substitute -

"(2) But the restriction in paragraph (1) does not apply to the creation of allowances -

(a) for the flexible reserve (see article 23A);

(b) for the new entrants' reserve (see article 34G);

(c) for allocation under the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 [S.I. 2021/484, amended by S.I. 2021/513, 2021/561, 2021/917, 2023/994 and this Order. S.I. 2023/1387 also amends S.I. 2021/484, but the amendments are to a provision revoked by this Order.] or any other regulations made under section 96 of the Finance Act 2020 [2020 c. 14.].".

(4) In paragraph (3) for "But such a direction may not override" substitute "Nothing in this article overrides".