(1) This article applies where -

(a)allowances are allocated under article 34O to a person for a scheme year in accordance with the aviation allocation table; and

(b)any of the following applies -

(i) the number of allowances set out in the aviation allocation table to be allocated to that person for the scheme year is subsequently reduced in consequence of an update to the aviation allocation table;

(ii) the person was not an aircraft operator in relation to the scheme year.

(iii) in relation to allowances allocated for the 2024 or 2025 scheme year, the number of allowances allocated to the person for the scheme year exceeds the person's aviation emissions for the scheme year.

(2) The regulator may give a notice under article 34U or 34V (or both).