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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Greenhouse Gas Emissions Trading Scheme Regulations 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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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.
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