The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

PART 7 U.K. Appeals

Interpretation U.K.

64.  In this Part—

“appeal body” has the meaning given by article 66,

“decision” includes a deemed refusal under this Order.

Commencement Information

I1 Art. 64 in force at 26.5.2021, see art. 1

Right of appeal U.K.

65.—(1) The following may appeal to the appeal body—

(a) a person who is aggrieved by a decision of a Regulator determining an application made by that person under this Order[F1 ,]

(b) a person who is aggrieved by a notice given to that person, under a provision referred to in paragraph (2).

(2) Those provisions are—

(a) Article 18(10) (application to be treated as being withdrawn),

(b) Article 19(1) (determination of applications by Regulators),

(c) Article 24(3) (conditions imposed on Emissions Monitoring Plan)

(d) Article 25(1) (refusal of modification of an Emissions Monitoring Plan),

(e) Article [F2 26(6)] (modification of an Emissions Monitoring Plan),

[F3 (ea) Article 27(2) (approval of modification of the Emissions Monitoring Plan),]

(f) Article 31(2) (determination of level of aggregation by Regulator),

(g) [F4 Article] 31(6) or (8) (determination of confidential nature of information),

(h) Article 33(1) (calculation of reportable emissions by Regulator),

(i) Article 37(6) (estimation of reportable emissions by Regulator),

[F5 (ia) Article 41B(2) (CO₂ offsetting requirements),]

(j) Article 50(1) (information notices),

(k) Article 52(1) (enforcement notices), or

(l) [F6 Article] 53(2) or (6) (penalty notices).

Textual Amendments

F1 Art. 65: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4

F2 Word in art. 65(2)(e) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 28(2)

F3 Art. 65(2)(ea) inserted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 28(3)

F4 Word in art. 65(2)(g) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 28(4)

F5 Art. 65(2)(ia) inserted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 28(5)

F6 Word in art. 65(2)(l) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 28(4)

Commencement Information

I2 Art. 65 in force at 26.5.2021, see art. 1

Appeal body U.K.

66.—(1) In an appeal against a decision of SEPA, the appeal body is the Scottish Land Court(1).

(2) In an appeal against a decision of the chief inspector, the appeal body is the [F7 Planning Appeals Commissions (Northern Ireland)].

(3) In an appeal against any other decision, the appeal body is the First-tier Tribunal(2).

Textual Amendments

F7 Words in art. 66(2) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 29

Commencement Information

I3 Art. 66 in force at 26.5.2021, see art. 1

Effect of appeals U.K.

67.—(1) Subject to paragraphs (2) and (3), the bringing of an appeal under article 65 suspends the effect of the decision pending the final determination or withdrawal of the appeal.

(2) The bringing of an appeal does not suspend the effect of—

(a) a decision refusing an application,

(b) a deemed refusal of an application, or

[F8 (c) a notice under—

(i) article 26(6) (modification of an Emissions Monitoring Plan),

(ii) article 27(2) (approval of modification of the Emissions Monitoring Plan), or

(iii) article 52(1) (enforcement notices).]

(3) Where an Emissions Monitoring Plan has been approved under article 24, the bringing of an appeal against the conditions included in the plan does not suspend the effect of those conditions.

(4) The bringing of an appeal against an estimation of aviation emissions under article 37(6) suspends the effect of the decision only for the purpose of assessing whether there has been compliance with that article.

Textual Amendments

F8 Art. 67(2)(c) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 30

Commencement Information

I4 Art. 67 in force at 26.5.2021, see art. 1

Determination of appeals U.K.

68.—(1) In determining an appeal made under article 65 the appeal body may—

(a) affirm the decision[F9 ,]

(b) quash the decision or vary any of its terms[F9 ,]

(c) substitute a deemed refusal with a decision of the appeal body[F9 ,]

(d) give directions as to the exercise of the Regulator’s functions under this Order.

(2) The appeal body may not make a determination that would result in a decision which could not otherwise have been made under this Order.

Textual Amendments

F9 Art. 68: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4

Commencement Information

I5 Art. 68 in force at 26.5.2021, see art. 1

Procedure for appeals U.K.

69.—(1) The procedure for appeals to the Scottish Land Court is provided in Schedule 7.

(2) The procedure for appeals to the Planning Appeals Commission (Northern Ireland) is provided in Schedule 8.

Commencement Information

I6 Art. 69 in force at 26.5.2021, see art. 1

(1)

The Scottish Land Court was established by section 3 of the Small Landholders (Scotland) Act 1911 (c. 49) and continued in being under section 1 of the Scottish Land Court Act 1993 (c. 45).

(2)

The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15).