PART 3Aviation

CHAPTER 2UK administered operators, UK aircraft operators and regulators

Gibraltar operators25

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.