Search Legislation

Advanced Search

The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  1. Introductory Text

  2. PART 1 General

    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 Application for a free allocation

    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 Application to the special reserve

    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 Monitoring and reporting aviation emissions

    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 Surrendering allowances

    1. 26.Duty to surrender allowances

    2. 27.Interpretation

  7. PART 6 Charging

    1. 28.Charging

  8. PART 7 Information

    1. 29.Information

  9. PART 8 Civil penalties

    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 Detention and sale of aircraft

    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 Other sanctions

    1. 49.Naming of operators

    2. 50.Application for an operating ban

    3. 51.Enforcement of an operating ban

  12. PART 11 Appeals

    1. 52.General

    2. 53.Procedure and appointment

  13. PART 12 Guidance to regulators

    1. 54.Guidance to regulators

  14. PART 13 Miscellaneous

    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 Revocation and savings etc.

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

  16. Signature

    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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: