The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

CHAPTER 3 U.K. Applications, notices, etc.

Submission of applications and notices to Regulators U.K.

18.—(1) This article applies to an application, notice or report submitted to a Regulator under this Order or under an Emissions Monitoring Plan.

(2) An application, notice or report—

(a) must be in writing, and

(b) unless the Regulator agrees otherwise in writing, must be made on a form provided by the Regulator for that purpose.

(3) The Regulator must set out in the form—

(a) the information required by the Regulator to determine the application, or

(b) the matters required to be included in the notice or report.

(4) Unless the Regulator agrees otherwise in writing—

(a) the form must be submitted to the Regulator electronically and, if the form specifies an email address for submission, to that address, or

(b) if the form is provided by the Regulator for submission through a website, the form must be submitted through the website and in accordance with any instructions given for completion and submission.

(5) Unless the information has been provided in a previous application made to the Regulator, an application must set out—

(a) the name, postal address, including postcode, and telephone number of the applicant, and

(b) either—

(i) an email address for service, or

(ii) a postal address, including postcode, in the United Kingdom for service.

(6) Subject to paragraph (7), an application must be accompanied by the charge for the application set out in the charging scheme published under article 43.

(7) Where an application is submitted electronically, the charge may be sent to the Regulator separately from the application; and in that case, for the purposes of this Order, the application must be treated as not being received by the Regulator until the charge is also received.

(8) An application may be withdrawn at any time before it is determined.

(9) A Regulator may, by notice to an applicant, require the applicant to provide such further information specified in the notice, within the period specified, as the Regulator may require in order to determine the application.

(10) For the purposes of this Order, the application must be treated as being withdrawn if—

(a) the applicant fails to provide that information —

(i) before the end of that period, or

(ii) on or before such later date as may be agreed with the Regulator, and

(b) the Regulator gives notice to the applicant that the application is treated as having been withdrawn.

Commencement Information

I1 Art. 18 in force at 26.5.2021, see art. 1

Determination of applications by Regulators U.K.

19.—(1) Where an application under this Order is made to a Regulator in accordance with the requirements of this Order, the application must be determined by the Regulator within—

(a) the timescales set out in Schedule 1, where relevant, or

(b) where Schedule 1 does not apply—

(i) the period of 2 months beginning with the date on which the application is received, or

(ii) such longer period as may be agreed in writing with the applicant.

(2) For the purposes of paragraph (1)—

(a) an application is determined when notice of the determination is given to the applicant by the Regulator, and

(b) in calculating the period of 2 months, no account must be taken of any period beginning with the date on which a notice under article 18(9) is given to the applicant and ending with the date on which the applicant provides the information specified in the notice.

(3) Where the Regulator fails to determine an application before the end of the period referred to in paragraph (1)—

(a) the applicant may give to the Regulator notice that the applicant treats the application as having been refused, and

(b) if such notice is given the application must be treated as having been refused at the end of that period.

Commencement Information

I2 Art. 19 in force at 26.5.2021, see art. 1

Service of notices given by the Regulator U.K.

20.—(1) This article applies to a notice given under this Order by the Regulator.

(2) The notice must be in writing.

(3) The notice may be given to a person in any of the following ways—

(a) by delivering it to the person,

(b) by sending it to a postal or email address provided by the person for the purpose of the service of notices and not withdrawn for that purpose,

(c) by leaving it at the person’s proper address,

(d) by sending it by post or electronic means to the person’s proper address,

(e) if the person is a body corporate, by giving it to the secretary or clerk of the body in accordance with any of sub-paragraphs (a) to (d), or

(f) if the person is a partnership, by giving it to a partner or a person having the control or management of the partnership business in accordance with any of sub-paragraphs (a) to (d).

(4) In this article, “proper address” means—

(a) in the case of a body corporate—

(i) the registered or principal office of the body, or

(ii) the email address of the secretary or clerk of the body provided by that body for the purpose of service of notices and not withdrawn for that purpose,

(b) in the case of a partnership—

(i) the principal office of the partnership, or

(ii) the email address of the partner or person having control or management of the partnership business provided by that partnership for the purpose of service of notices and not withdrawn for that purpose, or

(c) in any other case, the person’s last known address, including an email address provided by that person for the purpose of service of notices and not withdrawn for that purpose.

(5) For the purposes of paragraph (4), where a body corporate registered outside the United Kingdom, or a partnership established outside the United Kingdom, has an office in the United Kingdom, the principal office of the body corporate or partnership is its principal office in the United Kingdom.

(6) For the purposes of paragraph (4)(c), where the person is an aeroplane operator, the proper address includes an address derived from information supplied by Eurocontrol(1).

Commencement Information

I3 Art. 20 in force at 26.5.2021, see art. 1

(1)

Eurocontrol is the intergovernmental body established by the International Convention Relating to Co-operation for the Safety of Air Navigation of 13th December 1960 (the Eurocontrol Convention).