Failure to monitor aviation emissions

17.—(1) This regulation applies to regulation 63.

(2) In paragraph (1), for “A UK administered operator”, substitute “Subject to paragraph (3), a UK administered operator”.

(3) After paragraph (2), insert—

“(3) A is not liable to a civil penalty for a failure to monitor aviation emissions for the scheme years 2013 or 2014 in so far as—

(a) the duty to monitor arose in respect of excluded aviation activities; or

(b) in that scheme year, A was an exempt non-commercial air transport operator.”.