PART 3Aviation

CHAPTER 2UK administered operators, UK aircraft operators and regulators

Transfers of operators between member States24

1

This regulation applies where a person (a “transferred operator”)—

a

was a non-UK operator at the beginning of a scheme year but, in the course of that year, ceased to be a non-UK operator and became a UK administered operator, or

b

was a UK administered operator at the beginning of a scheme year but, in the course of that year, ceased to be a UK administered operator and became a non-UK operator.

2

For those purposes, “non-UK operator” means a person who is—

a

identified in the Commission list, and

b

specified in that list as an aircraft operator to be administered by a member State other than the United Kingdom (“the other State”).

3

Subject to paragraphs (4) and (5), a regulator (“R”) in performing any of R's functions under these Regulations may (if it appears to R appropriate to do so) treat the transferred operator—

a

as a person who, for the whole of that scheme year, is not a UK administered operator, or

b

as a person who is a UK administered operator for the whole of that scheme year.

4

R may not so treat a transferred operator unless R has—

a

consulted the other State and the transferred operator, and

b

given both of them notice of that decision.

5

R may not treat the transferred operator as a UK administered operator under paragraph (3)(b) for the purposes of imposing a civil penalty in respect of any failure to comply with these Regulations that occurred—

a

while the transferred operator was still a non-UK operator, or

b

after the transferred operator became a non-UK operator.