PART 3 U.K.Aviation

CHAPTER 2U.K.UK administered operators, UK aircraft operators and regulators

Transfers of operators between member StatesU.K.

24.—(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.