SCHEDULE 10Aircraft operating bans

Regulation 40

Application for an operating ban1

1

Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the Directive to impose an operating ban on a UK administered operator (“A”), the Secretary of State must first—

a

receive consent from—

i

the Scottish Ministers, where SEPA is the regulator;

ii

the Welsh Ministers, F1where the NRBW is the regulator;

iii

the Department of the Environment in Northern Ireland, where the chief inspector is the regulator; and

b

give notice to the regulator.

2

A notice under sub-paragraph (1)(b) may require relevant information to be provided to the Secretary of State by a deadline specified in the notice, and may require in particular—

a

evidence that A has not complied with obligations under these Regulations; and

b

details of any enforcement action against A that has been taken by the regulator.

3

Following the giving of notice under sub-paragraph (1)(b) and, where applicable, the provision of information under sub-paragraph (2), the Secretary of State must give notice to A.

4

A notice under sub-paragraph (3) must—

a

include a copy of any information provided under sub-paragraph (2);

b

include a copy of the request that the Secretary of State intends to send to the European Commission;

c

give A an opportunity to make representations before the Secretary of State makes the request; and

d

set out the deadline by which those representations must be made.

F25

A request from the Secretary of State to the European Commission under Article 16(5) of the Directive must include—

a

evidence that A has not complied with its obligations under these Regulations;

b

details of any enforcement action against A that has been taken by the regulator;

c

a justification for the imposition of an operating ban under Article 16(5) of the Directive; and

d

a recommendation for the scope of the operating ban and any conditions that should be applied.

Enforcement of an operating ban2

1

Where the European Commission has adopted a decision to impose an operating ban on a person (“P”) under Article 16(10) of the Directive, the regulator must take all reasonable steps to ensure that P does not operate a flight that departs from or arrives in the United Kingdom.

2

The steps a regulator may take under sub-paragraph (1) include—

a

subject to sub-paragraph (3), issuing to aerodrome operators (or to any other person) any direction that the regulator deems necessary to enforce the ban;

b

detaining and selling any aircraft of which P is the operator, in accordance with regulation 39(1)(b) and Schedule 9.

3

Before issuing a direction under sub-paragraph (2)(a) the regulator must receive approval from the authority and (where different) the relevant authority.

4

A person to whom a direction is issued under sub-paragraph (2)(a)—

a

must comply with that direction, but

b

is entitled to recover from the regulator a sum equal to any expense reasonably incurred by that person in complying with the direction.

5

The regulator is entitled to recover as a civil debt from the operator concerned all sums incurred under sub-paragraph (4).

6

In sub-paragraph (3) “relevant authority” means, where the principal place of business of the person to be directed is—

a

in Wales, the Welsh Ministers;

b

in Scotland, the Scottish Ministers;

c

in Northern Ireland, the Department of the Environment in Northern Ireland;

d

not in Wales, Scotland or Northern Ireland, the Secretary of State.