The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Regulation 40

SCHEDULE 10U.K.Aircraft operating bans

This Atodlen has no associated Memorandwm Esboniadol

Application for an operating banU.K.

1.—(1) Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the Directive to impose an operating ban on a UK administered operator (“A”), the Secretary of State must first—

(a)receive consent from—

(i)the Scottish Ministers, where SEPA is the regulator;

(ii)the Welsh Ministers, [F1where the NRBW is the regulator];

(iii)the Department of the Environment in Northern Ireland, where the chief inspector is the regulator; and

(b)give notice to the regulator.

(2) A notice under sub-paragraph (1)(b) may require relevant information to be provided to the Secretary of State by a deadline specified in the notice, and may require in particular—

(a)evidence that A has not complied with obligations under these Regulations; and

(b)details of any enforcement action against A that has been taken by the regulator.

(3) Following the giving of notice under sub-paragraph (1)(b) and, where applicable, the provision of information under sub-paragraph (2), the Secretary of State must give notice to A.

(4) A notice under sub-paragraph (3) must—

(a)include a copy of any information provided under sub-paragraph (2);

(b)include a copy of the request that the Secretary of State intends to send to the European Commission;

(c)give A an opportunity to make representations before the Secretary of State makes the request; and

(d)set out the deadline by which those representations must be made.

[F2(5) A request from the Secretary of State to the European Commission under Article 16(5) of the Directive must include—

(a)evidence that A has not complied with its obligations under these Regulations;

(b)details of any enforcement action against A that has been taken by the regulator;

(c)a justification for the imposition of an operating ban under Article 16(5) of the Directive; and

(d)a recommendation for the scope of the operating ban and any conditions that should be applied.]

Textual Amendments

F1Words in Sch. 10 para. 1(1)(a)(ii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 427 (with Sch. 7)

Enforcement of an operating banU.K.

2.—(1) Where the European Commission has adopted a decision to impose an operating ban on a person (“P”) under Article 16(10) of the Directive, the regulator must take all reasonable steps to ensure that P does not operate a flight that departs from or arrives in the United Kingdom.

(2) The steps a regulator may take under sub-paragraph (1) include—

(a)subject to sub-paragraph (3), issuing to aerodrome operators (or to any other person) any direction that the regulator deems necessary to enforce the ban;

(b)detaining and selling any aircraft of which P is the operator, in accordance with regulation 39(1)(b) and Schedule 9.

(3) Before issuing a direction under sub-paragraph (2)(a) the regulator must receive approval from the authority and (where different) the relevant authority.

(4) A person to whom a direction is issued under sub-paragraph (2)(a)—

(a)must comply with that direction, but

(b)is entitled to recover from the regulator a sum equal to any expense reasonably incurred by that person in complying with the direction.

(5) The regulator is entitled to recover as a civil debt from the operator concerned all sums incurred under sub-paragraph (4).

(6) In sub-paragraph (3) “relevant authority” means, where the principal place of business of the person to be directed is—

(a)in Wales, the Welsh Ministers;

(b)in Scotland, the Scottish Ministers;

(c)in Northern Ireland, the Department of the Environment in Northern Ireland;

(d)not in Wales, Scotland or Northern Ireland, the Secretary of State.