The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Gibraltar operators

25.—(1) This paragraph applies where—

(a) a person (“P”) is specified in the Commission list as an aircraft operator to be administered by the United Kingdom;

(b) the Commission list identifies P’s State as “Gibraltar (UK)”; and

(c) the Secretary of State is satisfied that P is regulated for the purposes of the Directive under legislation implementing the Directive that is applicable in Gibraltar.

(2) Where paragraph (1) applies, the Secretary of State—

(a) may designate P as a Gibraltar operator, and

(b) must in that case give notice to P of the designation.

(3) From the date of service of the notice under paragraph (2), P is to be treated for the purposes of these Regulations as a person who is not a UK administered operator.

(4) Where regulation (1)(b) or (c) no longer applies in relation to P, the Secretary of State may revoke P’s designation; and in that case—

(a) the Secretary of State must give notice to P of the revocation, and

(b) from the date following the date of service of that notice (and for as long as paragraph (1)(a) continues to apply in relation to P) P is to be treated as a UK administered operator for the purposes of these Regulations.

(5) Before making a designation under paragraph (2), the Secretary of State must consult—

(a) P;

(b) the regulator of P;

(c) a person (other than the Secretary of State) who is the authority in relation to P; and

(d) the Government of Gibraltar.

(6) Before revoking a designation under paragraph (4), the Secretary of State must consult—

(a) P;

(b) the person who will be the regulator of P if the revocation is made;

(c) a person (other than the Secretary of State) who will then be the authority in relation to P; and

(d) the Government of Gibraltar.