In this Part (and in Schedules 7 to 10)—

• “the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 200932;

• “area”, in relation to a regulator, means—

  1. a

     in respect of the Environment Agency, England and Wales;

  2. b

     in respect of SEPA, Scotland;

  3. c

     in respect of the chief inspector, Northern Ireland;

• “authority”, in relation to a UK administered operator (“P”) means—

  1. a

     the Welsh Ministers, where—

     1. i

        P’s regulator is the Environment Agency; and

     2. ii

        P’s registered office is in Wales;

  2. b

     the Scottish Ministers, where P’s regulator is SEPA;

  3. c

     the Department of the Environment in Northern Ireland, where P’s regulator is the chief inspector;

  4. d

     otherwise, the Secretary of State;

• “benchmarking plan” has the meaning given by paragraph 2 of Schedule 7;

• “benchmarking year”, in relation to a trading period, means the calendar year ending 24 months before the beginning of the period;

• “Commission list” means the list of operators set out in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator33, as amended from time to time;

• “emissions plan” means a plan issued under—

  1. a

     regulation 34(1)(a);

  2. b

     regulation 19(1)(a) of the 2010 Regulations; or

  3. c

     regulation 15(1)(a) of the 2009 Regulations;

• “member State” includes an EEA state;

• “registered office” (except in Schedule 9) means the registered office in the United Kingdom that a company is required to have under section 86 of the Companies Act 200634;

• “tonne-kilometre” and “tonne-kilometre data” have the same meaning as in the Monitoring and Reporting Regulation;

• “UK administered operator” means (subject to regulations 22 to 25) a person who is—

  1. a

     identified in the Commission list, and

  2. b

     specified in that list as an aircraft operator to be administered by the United Kingdom;

• “unlisted operator” means a person who is—

  1. a

     not identified in the Commission list, and

  2. b

     the user or owner of an aircraft used to perform an aviation activity.