The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Aircraft operator

   4. 4. Regulator: general

   5. 5. Regulator: assessment of emissions

   6. 6. Regulator: change in registered office

   7. 7. Authority

3. PART 2

   1. 8. Application of this Part

   2. 9. Application for a benchmarking plan

   3. 10. Issue of a benchmarking plan

   4. 11. Monitoring tonne-kilometre data

   5. 12. Reporting tonne-kilometre data

   6. 13. Submission of the report to the Secretary of State and the European Commission

4. PART 3

   1. 14. Application of this Part

   2. 15. Eligible UK operator

   3. 16. Application to the regulator

   4. 17. Submission of an application to the Secretary of State and the European Commission

5. PART 4

   1. 18. Application for an emissions plan

   2. 19. Issue of an emissions plan

   3. 20. Monitoring emissions

   4. 21. Reporting emissions

   5. 22. Duty of the regulator to determine emissions

   6. 23. Emissions plan conditions

   7. 24. Duty to comply with conditions in an emissions plan

   8. 25. Variation of emissions plan

6. PART 5

   1. 26. Duty to surrender allowances

   2. 27. Interpretation

7. PART 6

   1. 28. Charging

8. PART 7

   1. 29. Information

9. PART 8

   1. 30. Procedure

   2. 31. Variable amounts

   3. 32. Waiver and modification

   4. 33. Failure to submit or resubmit an application for an emissions plan

   5. 34. Failure to monitor aviation emissions

   6. 35. Failure to report aviation emissions

   7. 36. Making false or misleading statements

   8. 37. Failure to comply with emissions plan conditions

   9. 38. Failure to surrender sufficient allowances

   10. 39. Failure to comply with information notices

   11. 40. Failure to provide assistance and advice

   12. 41. Failure to comply with a direction relating to an operating ban

10. PART 9

    1. 42. General

    2. 43. Release of aircraft

    3. 44. Court procedures

    4. 45. Proceeds of sale

    5. 46. Equipment and documents

    6. 47. Assistance of aerodrome operator

    7. 48. Interpretation

11. PART 10

    1. 49. Naming of operators

    2. 50. Application for an operating ban

    3. 51. Enforcement of an operating ban

12. PART 11

    1. 52. General

    2. 53. Procedure and appointment

13. PART 12

    1. 54. Guidance to regulators

14. PART 13

    1. 55. Confidentiality

    2. 56. Notices

    3. 57. Submission of reports and applications for plans

    4. 58. Functions of the regulator: Northern Ireland

    5. 59. Assistance and advice to be provided by the Civil Aviation Authority

15. PART 14 etc.

    1. 60. Revocation, savings, transitional and transitory provisions

16. Signature

17. 1. SCHEDULE 1

       Charging

       1. 1. (1) Subject to sub-paragraphs (2) and (3), the regulator may...

       2. 2. The regulator— (a) must require a charge for an application...

       3. 3. (1) Any charge unpaid may be recovered by the regulator—...

       4. 4. In this Schedule— “estimated aviation emissions” means a reasonable estimate...

    2. SCHEDULE 2

       Steps to be taken before applying for leave to sell an aircraft

       1. 1. The steps in this Schedule apply where the regulator proposes...

       2. 2. (1) At least 21 days before applying to the court...

       3. 3. At the same time as serving any notice under paragraph...

       4. 4. A notice under paragraph 2(1) must— (a) state the nationality...

       5. 5. (1) A notice under paragraph 2(1) must be served by...

    3. SCHEDULE 3

       Appeals (other than appeals to which Schedule 5 applies)

       1. 1. (1) Any person that wishes to appeal to the appeal...

       2. 2. (1) Subject to sub-paragraph (2), notice of appeal in accordance...

       3. 3. (1) The regulator must, within 16 days of receipt of...

       4. 4. (1) Before determining an appeal, the appeal body may afford...

       5. 5. (1) Where an appeal under regulation 52 is to be...

       6. 6. (1) The appeal body must give notice to the appellant...

       7. 7. Where an appeal is made under regulation 52(1)(a) or (b)...

       8. 8. Where a determination of the appeal body on an appeal...

       9. 9. In this Schedule— (a) “affected party” means an interested party—...

    4. SCHEDULE 4

       Delegation of Appellate Functions

       1. 1. In this Schedule— “appointed person” means a person appointed under...

       2. 2. An appointment must be in writing and—

       3. 3. Subject to the provisions of this Schedule, an appointed person,...

       4. 4. (1) If the appellant, the regulator or any person whose...

       5. 5. (1) Where under paragraph 2(c) the appointment of the appointed...

       6. 6. (1) Anything done or omitted to be done by an...

    5. SCHEDULE 5

       Appeals (Northern Ireland)

       1. 1. (1) A person that wishes to appeal to the Planning...

       2. 2. Notice of appeal in accordance with paragraph 1 is to...

       3. 3. (1) The appeals commission must determine the appeal and paragraphs...

       4. 4. An appeal under this Schedule must be accompanied by a...

    6. SCHEDULE 6

       Service of notices

       1. 1. The provisions of this Schedule apply to the giving or...

       2. 2. A notice must be in writing.

       3. 3. A notice may be served on or given to a...

       4. 4. In the case of a body corporate, a notice may...

       5. 5. In the case of a partnership, a notice may be...

       6. 6. If a person to be served with or given a...

       7. 7. For the purposes of this Schedule, “proper address” means—

       8. 8. For the purposes of paragraph 7, where a body corporate...

       9. 9. (1) Where for the purposes of paragraph 7 the person...

       10. 10. Where an electronic address for submission of a notice is...

18. Explanatory Note