Londons Heathrow and Gatwick currently hold licences, which include conditions relating to price controls, service quality and operational resilience. Ad hoc funding by the UK Government for domestic flight routes is available to UK airlines where it can be demonstrated that it will boost regional links across the UK and create a positive economic impact in terms of employment and supply chain dynamics and structured as public service obligations (PSOs). These clauses usually suspend the obligation rather than terminate it completely. The notification system was abolished by Regulation 1/2003, which entered into force on 1 May 2004, and since then it has no longer been possible to notify agreements to the CMA (or indeed the EC) for clearance. The relevant market may vary according to the type of passengers: premium and non-premium passengers; or time-sensitive and non-time-sensitive passengers. For example, is there a distinction in your jurisdiction regarding the courts in which civil and criminal cases are brought? Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Philip Perrotta Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules. However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). There are various pieces of legislation that must be adhered to in relation to noise. It provides a very useful overview on civil procedure in a wide range of countries (not only the usual suspects as England, US, France and Germany, but many more). In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. Again, permission to appeal is required. There are narrow exceptions to this general rule. The Transport Act 2000 provides that an aircraft may be detained and sold where its operator has not paid charges relating to air navigation services provided by the CAA, the Secretary of State or Eurocontrol. This will depend entirely on the CTC and its requirements in the case of an aircraft, debtor location or aircraft registration in a CTC country (and compliance with the formalities set out in Article 7 of the CTC), and an aircraft mortgagee may be able to rely on the rights and remedies available under the CTC for such international interest in the relevant aircraft. Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 Statutory Instrument No 3556 2007. its principal place of business is located in the Member State whose competent licensing authority is to grant the operating licence; for an operator having its principal place of business in the UK, the CAA is the competent authority; it holds a valid air operator certificate issued by a national authority of the same Member State; it has one or more aircraft at its disposal through ownership or a dry lease agreement; its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft; its company structure allows the competent licensing authority to implement the relevant provisions of the Regulation; Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the European Community is a party; it meets the financial conditions specified in Article 5 of the Regulation; it complies with the insurance requirements specified in Article 11 of the Regulation and in EU Regulation 785/2004; and. Find out about the Energy Bills Support Scheme, Air travel checklist for travel from the UK, Boost for aspiring young aviators as government provides funding for outreach programmes, Civil Aviation Authority annual progress report, Air passenger experience of security screening: 2019, Commercial spaceflight: insurance and liabilities requirements, See all transparency and freedom of information releases. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. Under Part 1 Article 4(3) of the Air Navigation Order 2009, an aircraft must not be registered or continue to be registered in the United Kingdom if it appears to the CAA that: (a) the aircraft is registered outside the United Kingdom and that such registration does not cease by operation of law when the aircraft is registered in the United Kingdom; (b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share in the aircraft; (c) the aircraft could more suitably be registered in some other part of the Commonwealth; or. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. The Court of Justice of the European Union (CJEU) ruled that the defence could be relied upon because the circumstances could not have been avoided even if all reasonable measures were taken. There are no restrictions as to who can be registered as a mortgagee, and any mortgage charging a UK-registered aircraft by way of security may be registered (and indeed, from a mortgagees perspective, should be, so as to confirm the security priority referred to in the section headed Priority below). UK Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005. it is to be given a purposive construction taking recitals into account; the process of interpretation includes provisions of international law incorporated into Regulation 261 by reference; and. Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 Statutory Instrument No 975 2005. The airline sought to defend a claim for compensation for delay on the basis that the Captain was unexpectedly unwell and this amounted to extraordinary circumstances. As a general rule, an arbitrator has the same powers as any court, and an arbitral tribunals decision is binding. trademarks) and other assets and data of a proprietary nature? The UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright. 4.18 Are there any nationality requirements for entities applying for an Air Operators Certificate in your jurisdiction or operators of aircraft generally into and out of your jurisdiction? An aircraft mortgage registered on the United Kingdom Aircraft Mortgage Register will take priority over all other non-registered or subsequently registered mortgages. The Environment Agency and Natural England are the two bodies with responsibilities in these areas. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. Liens are not registrable. There are two types of operating licence: Type A; and Type B. The fine was originally set to be 183 million, but was reduced by 150 million as the ICO undertook further research into the events leading to the data attack, and attributed less blame to British Airways than had initially been done. 1 Answer. In addition, local authorities play a role at the local level, as do various governmental agencies and bodies such as the Environment Agency and Natural England; and. In addition, the Airport and Ground Operations Support Scheme (AGOSS) to fund certain essential payments is available to: a) a commercial airport situated within England with a valid commercial licence from no later than 27 October 2021 that operated at least 12 scheduled commercial passenger flights in 2019; and. 1.7 Are airports state or privately owned? A data processor is a person who processes data on behalf of the data controller. These obligations are generally complemented by contractual monitoring rights, established in the relevant loan or lease agreements, which include requirements to provide statement of account letters, authorising information regarding relevant payments giving rise to liens, to be provided directly to the mortgagee by the relevant regulatory authority. In June 2014, the Court of Appeal held that a technical problem is not considered to be an extraordinary circumstance under Regulation 261 and accordingly cannot be used as a basis for an airline to escape from its obligation to compensate passengers for long delays, cancellations, rerouting and/or denied boarding (Jet2.com v Huzar [2014] EWCA Civ 791). the aviation industry manages security risks effectively. Civil Aviation Authority Regulations 1991 Statutory Instrument No 1672 1991. If national air quality objectives are not likely to be met in an area, the local authority must declare it an Air Quality Management Area and then take active steps to improve air quality in that area. More complex or valuable cases will be heard in the Chancery Division of the High Court. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. The United Kingdom Register of Civil Aircraft, maintained by the United Kingdom CAA, is not a register of legal ownership, and therefore registration of ownership does not constitute proof of ownership of a particular aircraft. At this time, EU Regulation 1008/2008 applies, which sets out at Article 4 (Conditions for granting an operating licence) that an undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the community is a party. We use necessary cookies to make our website work. There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. There is a small claims track within the IPEC which is appropriate if the claim has a value of 10,000 or less. We work with governments, regulators and legislators to promote the interests of UK airlines, and with organisations across the sector to encourage long-term and sustainable growth in aviation. These have defined the relevant market in decisions regarding the aviation sectors as follows: Origin and Destination (O&D) City Pairs. The obligations under the DPA 2018 are on the data controller, who is the person that determines how personal information can be processed. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. [1] The CAA has been a public corporation of the Department for Transport since then. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. trading) of aircraft in England and Wales. 1.5 Are air charters regulated separately for commercial, cargo and private carriers? Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. Frustration of a contract will only occur if: If frustration is proven, it results in the contract ending immediately and all outstanding obligations being discharged. No. Finally, and notwithstanding the foregoing, it is important to acknowledge that Brexit has granted the UK some autonomy to apply its own rules and regulations independent of the EC. 5.1 In your opinion, which pending legislative or regulatory changes (if any), or potential developments affecting the aviation industry more generally in your jurisdiction, are likely to feature or be worthy of attention in the next two years or so? The CAA was established in 1972, under the terms of the Civil Aviation Act 1971, following the recommendations of a government committee chaired by Sir Ronald Edwards. In September 2019, the High Court ruled that South Wales Police were justified in their use of automated facial recognition (AFR) technology (a form of AI) to search for individuals on a watch list that included suspects, missing persons and persons of interest.