The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010

Application for an operating ban

50.—(1) Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the EU ETS Directive to impose an operating ban on an aircraft operator, the Secretary of State must first—

(a) receive consent from—

(i) the Scottish Ministers, where the Scottish Environment Protection Agency is the regulator;

(ii) the Welsh Ministers, where the registered office of the aircraft operator is in Wales;

(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 paragraph (1)(b) may require relevant information to be provided by the regulator including—

(a) evidence that the aircraft operator has not complied with obligations under these Regulations; and

(b) any enforcement action that has been taken by the regulator;

in a timescale specified in the notice.

(3) Following the giving of notice under paragraph (1)(b) and, where applicable, the provision of information under paragraph (2), the Secretary of State must give notice to the aircraft operator.

(4) A notice under paragraph (3) must—

(a) include a copy of any information provided under paragraph (2);

(b) include a copy of the request that the Secretary of State intends to send to the European Commission;

(c) give the aircraft operator an opportunity to make representations before the Secretary of State makes the request; and

(d) set out the timescale in which those representations must be made.