SCHEDULE 10U.K.Aircraft operating bans

Application for an operating banU.K.

1.—(1) Where the Secretary of State intends to make a request to the European Commission under Article 16(5) of the Directive to impose an operating ban on a UK administered operator (“A”), the Secretary of State must first—

(a)receive consent from—

(i)the Scottish Ministers, where SEPA is the regulator;

(ii)the Welsh Ministers, [F1where the NRBW is the regulator];

(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 sub-paragraph (1)(b) may require relevant information to be provided to the Secretary of State by a deadline specified in the notice, and may require in particular—

(a)evidence that A has not complied with obligations under these Regulations; and

(b)details of any enforcement action against A that has been taken by the regulator.

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

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

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

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

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

(d)set out the deadline by which those representations must be made.

[F2(5) A request from the Secretary of State to the European Commission under Article 16(5) of the Directive must include—

(a)evidence that A has not complied with its obligations under these Regulations;

(b)details of any enforcement action against A that has been taken by the regulator;

(c)a justification for the imposition of an operating ban under Article 16(5) of the Directive; and

(d)a recommendation for the scope of the operating ban and any conditions that should be applied.]

Textual Amendments

F1Words in Sch. 10 para. 1(1)(a)(ii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 427 (with Sch. 7)