Regulation 40
1.—(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.
[F2(5) 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.]
Textual Amendments
F1Words in Sch. 10 para. 1(1)(a)(ii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 427 (with Sch. 7)
F2Sch. 10 para. 1(5) inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 22
2.—(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.