SCHEDULE 8Allocation of aviation allowances from the special reserve

Submission of an application to the Secretary of State and to the European Commission7

1

Where R has made an application under paragraph 6 the regulator must—

a

grant the application and forward it to the Secretary of State; or

b

subject to sub-paragraph (2), refuse the application where the regulator is not satisfied that R has complied with the requirements of this Schedule.

2

The regulator may grant the application under sub-paragraph (1)(a) where R has otherwise complied with the requirements of this Schedule but failed to comply with the deadline in Article 51(2) of the Monitoring and Reporting Regulation or in paragraph 6(1).

3

Where the regulator refuses the application under sub-paragraph (1)(b), the notice of determination must state the regulator's reasons for doing so.

4

The Secretary of State must submit an application received under sub-paragraph (1)(a) to the European Commission within 6 months of the deadline in paragraph 6(1).