7C

The order may make provision as to circumstances in which a transporter or supplier may meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.

7D

In this section, “buy-out payment” means a payment—

a

of an amount (“the buy-out price”) determined by the Secretary of State,

b

to a person approved by the Administrator (an “approved person”),

c

for a purpose approved by the Administrator (an “approved purpose”).

7E

Provision made by virtue of subsection (7C) may include provision about the determination by the Secretary of State of the buy-out price, including provision—

a

enabling the Secretary of State to set different buy-out prices—

i

for different parts of the period to which the order relates;

ii

for different cases (including different buy-out prices for different transporters or suppliers);

b

requiring the Secretary of State to publish the buy-out price.

7F

If the order makes provision by virtue of subsection (7C), the order may also make provision—

a

as to the procedure to be followed by the Administrator in approving a person as an approved person or a purpose as an approved purpose;

b

specifying criteria by reference to which the Administrator is to determine whether to approve a person or purpose.

7G

Provision made by virtue of subsection (7C) may include further provision about buy-out payments, including in particular provision—

a

as to the procedure to be followed by a transporter or supplier who proposes to make a buy-out payment, including provision—

i

requiring a transporter or supplier to notify the Administrator of specified matters by a specified time;

ii

as to circumstances in which a transporter or supplier must make the buy-out payment to which notification given to the Administrator relates;

iii

about the process for seeking approval of a person as an approved person, or of a purpose as an approved purpose;

b

preventing a transporter or supplier from treating a buy-out payment as a payment pursuant to any other obligation (whether statutory or contractual), or vice versa;

c

setting out circumstances in which a requirement imposed on a transporter or supplier by provision made by virtue of subsection (5)(ba) or (bb) may be—

i

met, in whole or in part, by the making of a buy-out payment;

ii

varied as a result of a buy-out payment;

d

about the effect of provision included in the order by virtue of subsection (7)(c) to (e) on a person’s ability to meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.

7H

Where an order includes provision for the making of a buy-out payment, the references in subsections (5)(be) and (7)(b) to action include a reference to the making of a buy-out payment.

7C

The order may make provision as to circumstances in which a distributor or supplier may meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.

7D

In this section, “buy-out payment” means a payment—

a

of an amount (“the buy-out price”) determined by the Secretary of State,

b

to a person approved by the Administrator (an “approved person”),

c

for a purpose approved by the Administrator (an “approved purpose”).

7E

Provision made by virtue of subsection (7C) may include provision about the determination by the Secretary of State of the buy-out price, including provision—

a

enabling the Secretary of State to set different buy-out prices—

i

for different parts of the period to which the order relates;

ii

for different cases (including different buy-out prices for different distributors or suppliers);

b

requiring the Secretary of State to publish the buy-out price.

7F

If the order makes provision by virtue of subsection (7C), the order may also make provision—

a

as to the procedure to be followed by the Administrator in approving a person as an approved person or a purpose as an approved purpose;

b

specifying criteria by reference to which the Administrator is to determine whether to approve a person or purpose.

7G

Provision made by virtue of subsection (7C) may include further provision about buy-out payments, including in particular provision—

a

as to the procedure to be followed by a distributor or supplier who proposes to make a buy-out payment, including provision—

i

requiring a distributor or supplier to notify the Administrator of specified matters by a specified time;

ii

as to circumstances in which a distributor or supplier must make the buy-out payment to which notification given to the Administrator relates;

iii

about the process for seeking approval of a person as an approved person, or of a purpose as an approved purpose;

b

preventing a distributor or supplier from treating a buy-out payment as a payment pursuant to any other obligation (whether statutory or contractual), or vice versa;

c

setting out circumstances in which a requirement imposed on a distributor or supplier by provision made by virtue of subsection (5)(ba) or (bb) may be—

i

met, in whole or in part, by the making of a buy-out payment;

ii

varied as a result of a buy-out payment;

d

about the effect of provision included in the order by virtue of subsection (7)(c) to (e) on a person’s ability to meet the whole or any part of a carbon emissions reduction target by making a buy-out payment.

7H

Where an order includes provision for the making of a buy-out payment, the references in subsections (5)(be) and (7)(b) to action include a reference to the making of a buy-out payment.