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The Civil Aviation (Chargeable Air Services) (Records) Regulations 2001 govern the format and content of the aircraft movement log, which must be kept at any airport pursuant to section 88 of the Civil Aviation Act 1982. If the relevant mortgagor is a company registered in England and Wales, in order to obtain all the protections conventionally afforded to a mortgagee, it will be necessary to also register the relevant mortgage at Companies House pursuant to the provisions of the Companies Act 2006, as it will become void against an appointed insolvency agent of the mortgagor (whether an administrator, a liquidator or a secured creditor). As with all other UK businesses, airports have to meet legislative standards in relation to water quality, waste and protecting the natural environment. It will take only 2 minutes to fill in. However, air quality policy and regulation is devolved, with individual strategies for England, Scotland, Wales and Northern Ireland. Some airlines and airports are members of alternate dispute resolution bodies (ADR). 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. UK - EU Transition, and UK Civil Aviation Regulations To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. The details of those . In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of 52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 SAS/Maersk Air and COMP/37.386 SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). This avoids additional administrative hurdles resulting from the ratification of the CTC, but at the same time means that it is not possible to register such pre-existing interests. Article 15 of the Convention further provides for equality of charges for use of aerodromes. 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. The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. A party may appeal to the High Court on a question of law arising out of the arbitral award. Neither the EC and the European National Competition authorities (EU regulators) nor the UKs Competition & Markets Authority (CMA) have blocked airline alliances yet, which are usually considered to produce substantial efficiencies and consumer benefits, but have, often following lengthy investigations and negotiations with the parties, required commitments from the parties, to be satisfied that the alliance qualifies for exemption and, in particular, that competition is not significantly affected or eliminated. The limited case law in English law, which applies as precedent to the matter of the priority of aircraft liens and statutory detention rights, suggests strongly that an aircraft lien or statutory detention right will take priority over a registered aircraft mortgage. Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. Each of the agreements sets out the use of PNR data collected by airlines for law enforcement purposes. In June 2018, Parliament approved the plans for the third runway at Heathrow. Furthermore, the Secretary of State has responsibility for advising on, and where appropriate, implementing Orders of Council (made by the Crown) to effect international obligations and standards in UK domestic legislation. Speak to our team on 0370 900 0100 from inside the UK, or +44 330 . When the Brexit transition period ended on 31 December 2020, European trademark-holders were automatically granted cloned UK registrations. Civil Aviation Authority Regulations 1991 Statutory Instrument No 1672 1991. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). Foreign-domiciled companies may operate in the UK without registering a UK company or branch. 1. 4.12 What powers do the relevant authorities have in relation to the late arrival and departure of flights? UK EU Transition, and UK Civil Aviation Regulations. Various regulatory bodies in the UK influence Heathrow's operations including: The Department for Transport responsible for UK aviation policy. Regulation 261 (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) provides rules concerning compensation for denied boarding and/or cancelled or delayed flights. Thereafter, permission may be sought directly from the appeal court. The CMA has an administrative (non-binding) timetable, to which it usually adheres, to take a decision on a notified merger within 40 working days of receiving a complete notification. They are privately owned. The Secure Aviation Data Information System (SADIS) supplies World Area Forecast System (WAFS) and OPerational METeorology (OPMET) data to aviation users in Europe, Africa, and parts of Asia. The Package Travel Directive (2015/2302/EU), which entered into force on 31 December 2015, became effective on 1 July 2018. If your. Trademarks, patents and designs are registrable with the IPO. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. (d) the agreement should not eliminate effective competition. The standby runway would not be lengthened so it could not be used for long-haul flights, according to the plan. It also has concurrent powers with the Competition and Markets Authority (CMA) to enforce competition law in relation to air traffic services and airport operation services. We also use cookies set by other sites to help us deliver content from their services. Permission to appeal will only be given where the court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard. The Environment Agency and Natural England are the two bodies with responsibilities in these areas. This type of application may be made without notice to the operator of the relevant aircraft if the mortgagee or the lessor (as the case may be) can demonstrate the urgency of the matter to the court in accordance with the applicable Civil Procedure Rules. Since then, a qualifying aircraft must be: i) used by an airline operating for reward chiefly on international routes; or ii) used by a State institution and of a weight of not less than 8,000kg and neither designed nor adapted for use for recreation or pleasure. It published the Joint Aviation Requirements (JAR), to create minimum standards across agencies. 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. the CAA for unpaid airport and air navigation charges, the UK Environment Agency for unpaid penalties under the European Emissions Trading Scheme, and HM Revenue & Customs in respect of unpaid taxes). 1.9 What legislative and/or regulatory regime applies to air accidents? The fees payable are, since August 2012: A merger fee is not payable if the merger involves the acquisition of an interest that is less than a controlling interest and the CMA has investigated the acquisition on its own initiative. If so, what obligations, broadly speaking, are imposed on the airport authorities? 3.2 Is there a regime of self-help available to a lessor or a financier of an aircraft if it needs to reacquire possession of the aircraft or enforce any of its rights under the lease/finance agreement? The AAIB is an independent part of the Department for Transport. The UK GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. 2.8 Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? 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. Pursuant to Part 1 Article 5(1), only the following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom or a share in such an aircraft: (a) the Crown in right of HM Government in the United Kingdom and the Crown in right of the Scottish Administration; (e) bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth; (f) undertakings formed in accordance with the law of an EEA State which have their registered office, central administration or principal place of business within the EEA; or. The definition of qualifying aircraft was narrowed in January 2011 to bring the United Kingdom more in line with the rest of Europe. The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. The leg from Canada to the USA was delayed because of a delay to a previous leg of the aircrafts journey, which was not the one on which the passenger travelled: the passengers flight from the UK to Canada was unaffected. The Department for Transport (in exercising the authority of the Secretary of State for Transport) is the governmental body responsible for civil aviation. In recognition of the need for more immediate action, in June 2016 the EC published Interpretative Guidelines on the Regulation, to clarify the understanding of passenger rights in this area. In addition, certain specific rights are created by statute for relevant regulatory authorities to detain the aircraft (e.g. Any plans are subject to public consultation and the airport would have to apply for a development consent order for this proposal to go ahead. Federal Aviation Administration. It is an offence, subject to a defence of due diligence, for an operating air carrier to fail to comply with the obligations imposed under the above. FAA is the Federal Aviation Administration. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. in respect of maintenance or repair of the aircraft or in respect of an unpaid purchase price for the aircraft) has been satisfied. This certificate testifies that the type of aircraft meets the safety requirements set by the European Union. Although there is no rigid financial limit, a claim for less than 200,000 is likely to be transferred out of the Commercial Court unless it involves a point of special commercial interest. 3.5 What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis? Fields marked with an asterisk (*) are required. Londons Stansted had previously been required to hold a licence but since April 2014 the CAA has held that it no longer meets the market power requirements and is no longer required to hold a licence. The DPA 2018 further sets out derogations and exemptions to the GDPR that will apply in the UK. The majority of cases arising out of the finance or lease of aircraft will be heard by the Commercial Court. The CAA regulates all aviation activity (apart from military). Remedies vary depending on the nature of the dispute. 4.1 How does your jurisdiction approach and regulate joint ventures between airline competitors? Regulators include bodies to which regulatory functions have been delegated, where the delegation is authorised by legislation and irrespective of whether the regulator is specified in the. The Civil Aviation Authority (CAA) is responsible for the regulation of aviation safety in the UK, determining policy for the use of airspace, the economic regulation of Heathrow, Gatwick and Stansted airports, the licensing and financial fitness of airlines and the management of the ATOL financial protection scheme for holidaymakers. Aviation Law > Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. A change in circumstances has occurred after the contract was formed. The UK implements the relevant requirements by way of the legislation discussed below. The CAA maintains the United Kingdom Aircraft Mortgage Register (pursuant to the Mortgaging of Aircraft Order 1972). UK Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. These clauses usually suspend the obligation rather than terminate it completely. Airports have a responsibility for managing the noise impact of aircraft. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. 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. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? Yes. 1.5 Are air charters regulated separately for commercial, cargo and private carriers? This is broadly the position also in relation to VAT applicable to the importation of aircraft into the United Kingdom, except where the aircraft has been imported previously into a Member State of the EU and is classified to be in free circulation for customs purposes. Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). Well send you a link to a feedback form. We use some essential cookies to make this website work. The majority of cases concerning death, serious injury or serious property damage claims arising out of air accidents will be heard by a Court of the Queens Bench Division of the High Court. The current EU case law is limited. The DPA 2018s jurisdictional scope includes persons who: (b) have an office, branch or agency in the UK; or. In October 2018, London Gatwick, the UKs second-busiest airport, published proposals to move its standby runway to use it for short-haul flights by the mid-2020s. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. 2.2 Is there a register of aircraft mortgages and charges? In certain respects, the CAA acts for EASA in the UK. an O&D city pair (which generally are considered non-substitutable by a different city pair). United Kingdom. The UK bodies are chiefly: the Secretary of State for Transport; and the Civil Aviation Authority (CAA). The obligations under the DPA 2018 are on the data controller, who is the person that determines how personal information can be processed. These pages are undergoing reviews and updates. The proposal has made some progress with the CAA providing a written judgment in May 2020 to confirm that there would be no change to the design of flight paths in or out of the airport as a result of the new runway, which would have been an extensive process to undertake. Similarly, in May 2015, the EC accepted binding commitments offered by Air France/KLM, Alitalia and Delta all members of the SkyTeam airline alliance to address concerns over their transatlantic joint ventures with respect to capacity, schedules, pricing and revenue management and sharing of profit and losses, which have the object and effect of restricting competition on three routes, namely: (i) Amsterdam-New York; (ii) Rome-New York; and (iii) Paris-New York (COMP/39964 AF-KL/DL/AZ). In May 2013, the EC cleared a revenue-sharing joint venture focusing on transatlantic passenger routes (in particular, Frankfurt-New York), accepting binding commitments from Star Alliance members Air Canada, United and Lufthansa (COMP/39595 Continental/United/Lufthansa/Air Canada). These have defined the relevant market in decisions regarding the aviation sectors as follows: Origin and Destination (O&D) City Pairs. There is no right of appeal to the courts on a question of fact. The change is fundamental to the root of the contract (, As a result, performance of the contract would be illegal, impossible, or radically different (, two or more enterprises cease to be distinct in essence, the transfer from one party to another of an enterprise, which is broadly defined to include business activities of any kind; and either: as a result of the merger, the combined enterprises will supply or acquire 25% or more of any goods or services in the UK or a substantial part of the UK; or an existing share of supply of 25% or more will be enlarged (section 23 of the Enterprise Act 2002) (it should be noted that the share of supply test is not a market share test but, rather, focuses on the share of supply of the most narrow reasonable description of goods or services); or. Most destinations still require a negative coronavirus test result to be produced before flying or upon arrival, and it remains to be seen how long this guidance will be in place. 866.835.5322 (866-TELL-FAA) Contact Us. DEFRA has the overall responsibility for ensuring local air quality meets European and international standards. Today, 191 states worldwide are members of ICAO.