The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024
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Change 1
42 Flights from Northern Ireland to Switzerland: recalculation of aviation free allocation entitlement for 2025 scheme year
(1) As soon as reasonably practicable after this article comes into force, the regulator must recalculate the aviation free allocation entitlement for the 2025 scheme year of every person (an “applicant”) who made an application under article 34L of the UK ETS Order, applying article 34M(2) to (6) of that Order and taking into account any historical aviation activity level (“relevant historical aviation activity level”) attributable to the applicant immediately before 1st January 2021 due to aviation activity consisting of flights departing from an aerodrome situated in Northern Ireland and arriving in an aerodrome situated in Switzerland. (2) If this Order is made on or after 31st December 2024, for the purpose of this article, any relevant historical aviation activity level must be multiplied by X/12, where X is the number of months in 2025 after the “relevant commencement day” referred to in article 2(4) (including the month in which the relevant commencement day falls). (3) The regulator may by notice to the applicant request the applicant to provide such information specified in the notice, within such period specified in the notice, as the regulator considers necessary for the recalculation. (4) The regulator must as soon as reasonably practicable submit the recalculation and any relevant information that the regulator holds to the UK ETS authority. (5) Paragraph (4) does not apply if the applicant fails, without reasonable excuse, to provide any information requested under paragraph (3) within the period specified in the notice or such later period as may be agreed with the regulator. (6) The UK ETS authority must— (a) approve the applicant’s aviation free allocation entitlement for the 2025 scheme year, making any corrections to the recalculation that the UK ETS authority considers appropriate; (b) inform the regulator accordingly. (7) This article and article 43 must be interpreted as if they were part of Chapter 2 of Part 4A of the UK ETS Order. (8) In this article and article 43, “UK ETS Order” means the Greenhouse Gas Emissions Trading Scheme Order 2020.
42 Flights from Northern Ireland to Switzerland: recalculation of aviation free allocation entitlement for 2025 scheme year
(1) As soon as reasonably practicable after this article comes into force, the regulator must recalculate the aviation free allocation entitlement for the 2025 scheme year of every person (an “applicant”) who made an application under article 34L of the UK ETS Order, applying article 34M(2) to (6) of that Order and taking into account any historical aviation activity level (“relevant historical aviation activity level”) attributable to the applicant immediately before 1st January 2021 due to aviation activity consisting of flights departing from an aerodrome situated in Northern Ireland and arriving in an aerodrome situated in Switzerland. (2) If this Order is made on or after 31st December 2024, for the purpose of this article, any relevant historical aviation activity level must be multiplied by X/12, where X is the number of months in 2025 after the “relevant commencement day” referred to in article 2(4) (including the month in which the relevant commencement day falls). (3) The regulator may by notice to the applicant request the applicant to provide such information specified in the notice, within such period specified in the notice, as the regulator considers necessary for the recalculation. (4) The regulator must as soon as reasonably practicable submit the recalculation and any relevant information that the regulator holds to the UK ETS authority. (5) Paragraph (4) does not apply if the applicant fails, without reasonable excuse, to provide any information requested under paragraph (3) within the period specified in the notice or such later period as may be agreed with the regulator. (6) The UK ETS authority must— (a) approve the applicant’s aviation free allocation entitlement for the 2025 scheme year, making any corrections to the recalculation that the UK ETS authority considers appropriate; (b) inform the regulator accordingly. (7) This article and article 43 must be interpreted as if they were part of Chapter 2 of Part 4A of the UK ETS Order. (8) In this article and article 43, “UK ETS Order” means the Greenhouse Gas Emissions Trading Scheme Order 2020.
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