42.—(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.
43.—(1) A person who did not submit an application for an aviation free allocation entitlement under article 34L of the UK ETS Order may apply for an aviation free allocation entitlement for the 2025 scheme year, but in reliance on any historical aviation activity level (“relevant historical aviation activity level”) due to aviation activity consisting only 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) An application must be submitted to the regulator on or before the later of—
(a)30th April 2025; and
(b)the last day of the second month after the month in which the relevant commencement day falls.
(4) Articles 34L and 34M of the UK ETS Order apply to an application under this article as they apply to an application under article 34L with the following modifications—
(a)references to historical aviation activity levels must be read as references to relevant historical aviation activity level;
(b)article 34M(1)(b) must be read as if for “each scheme year in the 2021-2025 allocation period” there were substituted “the 2025 scheme year”.
44. The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022(1) is revoked.