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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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Changes and effects yet to be applied to Regulation 25:

  • Regulations modified by 2019 c. 1 s. 79(5)
  • Regulations modified by S.I. 2020/1369 reg. 45
  • Regulations revoked in part by S.I. 2021/511 reg. 12
  • reg. 16-40 omitted by S.I. 2020/1369 reg. 10(b)
  • reg. 25(1) substituted by S.I. 2019/107 reg. 13(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
  • reg. 25(4) words omitted by S.I. 2019/107 reg. 13(b)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
  • reg. 25(4)(a) word omitted by S.I. 2019/107 reg. 13(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
  • reg. 25(4)(b) omitted by S.I. 2019/107 reg. 13(b)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))

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Gibraltar operatorsU.K.

This section has no associated Explanatory Memorandum

25.—(1) This paragraph applies where—

(a)a person (“P”) is specified in the Commission list as an aircraft operator to be administered by the United Kingdom;

(b)the Commission list identifies P's State as “Gibraltar (UK)”; and

(c)the Secretary of State is satisfied that P is regulated for the purposes of the Directive under legislation implementing the Directive that is applicable in Gibraltar.

(2) Where paragraph (1) applies, the Secretary of State—

(a)may designate P as a Gibraltar operator, and

(b)must in that case give notice to P of the designation.

(3) From the date of service of the notice under paragraph (2), P is to be treated for the purposes of these Regulations as a person who is not a UK administered operator.

(4) Where regulation (1)(b) or (c) no longer applies in relation to P, the Secretary of State may revoke P's designation; and in that case—

(a)the Secretary of State must give notice to P of the revocation, and

(b)from the date following the date of service of that notice (and for as long as paragraph (1)(a) continues to apply in relation to P) P is to be treated as a UK administered operator for the purposes of these Regulations.

(5) Before making a designation under paragraph (2), the Secretary of State must consult—

(a)P;

(b)the regulator of P;

(c)a person (other than the Secretary of State) who is the authority in relation to P; and

(d)the Government of Gibraltar.

(6) Before revoking a designation under paragraph (4), the Secretary of State must consult—

(a)P;

(b)the person who will be the regulator of P if the revocation is made;

(c)a person (other than the Secretary of State) who will then be the authority in relation to P; and

(d)the Government of Gibraltar.

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