{
  "url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-order-2020/article-34O",
  "json_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-order-2020/article-34O.json",
  "legislation": "uksi/2020/1265",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme Order 2020",
  "legislation_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-order-2020",
  "path": "article/34O",
  "kind": "article",
  "number": "34O",
  "heading": "Aviation: allocation of allowances for 2021-2025 allocation period",
  "text": "(1) The registry administrator must allocate allowances in accordance with this article.\n(2) Subject to paragraphs (3) to (8), allowances must be allocated in accordance with the aviation allocation table—\n(a) for the 2021 scheme year, as soon as reasonably practicable after the aviation allocation table is published;\n(b) for any other scheme year, on or before 28th February in that year.\n(3) Allowances must not be allocated to a person unless and until the person has an aircraft operator holding account; they must be allocated by transferring them to that account.\n(4) The regulator may, by notice to the registry administrator, require the registry administrator to withhold allowances that would otherwise have been allocated to a person for the 2022 scheme year or a subsequent scheme year if, in relation to the year before, the person was not an aircraft operator.\n(5) If allowances for a scheme year are withheld from a person in accordance with paragraph (4) but the person becomes an aircraft operator in relation to that scheme year—\n(a) the regulator must as soon as reasonably practicable, by further notice to the registry administrator, withdraw the notice under paragraph (4); and\n(b) the allowances must be allocated as soon as reasonably practicable after the registry administrator receives the further notice.\n(6) Where, after allowances for a scheme year have been allocated to a person, an update to the aviation allocation table results in an increase in the number of allowances to be allocated to the person for the scheme year, the increased number of allowances must be allocated as soon as reasonably practicable.\n(7) Where a number of allowances (“N”) has been allocated in accordance with this article for a scheme year in relation to which the person to whom they were allocated was not an aircraft operator, the regulator may give notice to the registry administrator requiring the registry administrator to deduct allowances from any allocation to be made to the person under this article until the sum of—\n(a) the allowances so deducted; and\n(b) allowances allocated for that scheme year that have been returned in accordance with a notice given under article 34U or 34V because the person was not an aircraft operator in relation to that scheme year,\nis equal to N.\n(8) Allowances may also be withheld under article 34W (notice to withhold allowances).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 4A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 18"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/1265/article/34O",
    "retrieved_at": "2026-10-28T22:23:06.111058+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}