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20. In this Part (and in Schedules 7 to 10)—
“the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009(1);
“area”, in relation to a regulator, means—
in respect of the Environment Agency, England and Wales;
in respect of SEPA, Scotland;
in respect of the chief inspector, Northern Ireland;
“authority”, in relation to a UK administered operator (“P”) means—
the Welsh Ministers, where—
P’s regulator is the Environment Agency; and
P’s registered office is in Wales;
the Scottish Ministers, where P’s regulator is SEPA;
the Department of the Environment in Northern Ireland, where P’s regulator is the chief inspector;
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 operator(2), as amended from time to time;
“emissions plan” means a plan issued under—
regulation 34(1)(a);
regulation 19(1)(a) of the 2010 Regulations; or
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 2006(3);
“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—
identified in the Commission list, and
specified in that list as an aircraft operator to be administered by the United Kingdom;
“unlisted operator” means a person who is—
not identified in the Commission list, and
the user or owner of an aircraft used to perform an aviation activity.
S.I. 2009/2301; revoked with savings etc. by S.I. 2010/1996.
OJ No L 219, 22.8.2009, p 1; amended by Commission Regulations (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12), No 115/2011 (OJ No L 39, 12.2.2011, p 1), No 394/2011 (OJ No L 107, 27.4.2011, p 1) and No 100/2012 (OJ No L 39, 11.2.2012, p 1).
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