SCHEDULE 8Allocation of aviation allowances from the special reserve

Issue of a benchmarking plan3

1

Where R has made an application under paragraph 2 the regulator must, by notice given to R—

a

issue a benchmarking plan to R; or

b

where sub-paragraph (2) applies, refuse to issue such a plan.

2

This sub-paragraph applies where—

a

the regulator is not satisfied that the plan proposed in the application complies with the Monitoring and Reporting Regulation; and

b

P has not agreed to amendments of the plan that satisfy the regulator.

3

Where the regulator by notice refuses to issue a benchmarking plan under sub-paragraph (1)(b), the notice must state what changes must be made to the proposed plan for the purposes of any fresh application under paragraph 2.