22A. — (1) The Agency shall—

(a) cause to be established a register (in this section referred to as the "fuels register") of persons who produce, treat, import, place on the market, distribute, store or sell fuel of any type or description, or who carry on any combination of those activities (in this section referred to as a "fuel activity"),

(b) enter in the fuels register the name of every person specified under section 53(1)(ca) (in this Part referred to as a "specified person") granted registration by the Agency, the address at which or the area within which the fuel activity is carried on and any other information that it considers appropriate,

(c) maintain the fuels register, and

(d) if necessary divide the fuels register into divisions for different classes of person.

(2) A specified person shall apply to the Agency to be entered on the fuels register and the application shall—

(a) be made in writing or by electronic means,

(b) specify the name of the specified person and the address at which he or she ordinarily resides, and for the purposes of this paragraph, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business,

(c) specify the fuel activity to which the application relates,

(d) specify the address at which or the area within which that fuel activity is carried on,

(e) be accompanied by such other information as may be provided for under section 53, and

(f) be accompanied by the fee provided for in regulations under section 53.

(3) Where the Agency receives an application for registration under this section it shall, subject to subsections (4) and (5), register the specified person on the fuels register, issue a registration number to that person and accordingly shall enter the following in that register:

(a)  the name of the person,

(b)  the registration number issued to that person,

(c)  the fuel activity to which the registration relates,

(d)  the address at which or the area within which that fuel activity is carried on, and

(e)  any conditions specified under section 53 attaching to the registration.

(4) The Agency shall not register a specified person on the fuels register if—

(a)  the application does not comply with subsection (2),

(b)  the person does not possess a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997, or

(c)  the person fails to satisfy conditions for entry on the register.

(5) The Agency may refuse to register a specified person on the fuels register if by reason of—

(a) the commission by the person of an offence under this Act, or

(b) the contravention by the person of a provision of this Act or regulations made under this Act,

the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution.

(6) The Agency shall not make a decision to—

(a) refuse to register a specified person, or

(b) register the specified person subject to conditions,

until it has considered any representations made by the specified person under subsection (7).

(7) Where the Agency proposes to—

(a) refuse to register a specified person, or

(b) register the specified person subject to conditions,

it shall notify the specified person 14 days before making its decision and the specified person on whom a notice is served may, not later than 14 days after receiving the notice make representations in writing to the Agency in relation to the proposal.]