UK administered operators: power to designateU.K.
22.—(1) This paragraph applies where the Secretary of State is satisfied that, under Article 18a(1) of the Directive, the United Kingdom is to be regarded as the administering member State in respect of an unlisted operator (“P”).
(2) Where paragraph (1) applies the Secretary of State must—
(a)designate P as an operator to whom these Regulations apply; and
(b)give notice to P of that designation.
(3) From the date of service of the notice under paragraph (2), P is to be treated as a UK administered operator for the purposes of these Regulations.
(4) Before making a designation under paragraph (2), the Secretary of State must consult—
(a)P;
(b)the relevant regulator;
(c)the relevant authority; and
(d)such other persons as the Secretary of State considers appropriate.
(5) For the purposes of paragraph (4)—
(a)the relevant regulator is the person who will be the regulator of P if the designation is made; and
(b)the relevant authority is a person (other than the Secretary of State) who will then be the authority in relation to P.
(6) A designation under paragraph (2)—
(a)must (subject to paragraph (7)) be revoked by the Secretary of State if paragraph (1) no longer applies in relation to P, and
(b)ceases to have effect once P is identified in the Commission list,
but this is without prejudice to any specification of P in that list as an aircraft operator to be administered by the United Kingdom.
(7) A designation may not be revoked solely because P has ceased to perform an aviation activity.
(8) Paragraphs (2)(b), (3) and (4) apply to the revocation of a designation as they apply to the designation itself, except that the reference in paragraph (3) to being treated as a UK administered operator is to be read (subject to the proviso in paragraph (6)) as a reference to no longer being so treated.