PART 10Other sanctions
Application for an operating ban50
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.