PART 1 Preliminary

12 Aircraft operator: change in regulator
1 This paragraph applies where—
(a) an aircraft operator (“A”) does not have a registered office or a place of residence in the United Kingdom;
(b) “B” is the regulator of A; and
(c) a different regulator (“C”) is satisfied that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.
2 Where paragraph (1) applies, on or before 30th June 2025, C must give notice to—
(a) A;
(b) B; and
(c) the UK ETS authority,
that C is the regulator of A from the beginning of the 2026-2030 allocation period.
3 A notice under paragraph (2) must be accompanied by evidence demonstrating that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.
4 In this article, “area” in relation to a regulator, means—
(a) in respect of the Environment Agency, England;
(b) in respect of the NRW, Wales;
(c) in respect of the SEPA, Scotland;
(d) in respect of the chief inspector, Northern Ireland.