{
  "url": "https://openlegislation.uk/civil-aviation-air-travel-organisers-licensing-amendment-regulations-2018/note",
  "json_url": "https://openlegislation.uk/civil-aviation-air-travel-organisers-licensing-amendment-regulations-2018/note.json",
  "legislation": "uksi/2018/670",
  "legislation_title": "The Civil Aviation (Air Travel Organisers’ Licensing) (Amendment) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/civil-aviation-air-travel-organisers-licensing-amendment-regulations-2018",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (S.I. 2012/1017) (“the principal Regulations”) and the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 (S.I. 2007/2999). In part these Regulations give effect to Directive (EU) 2015/2302 on package travel and linked travel arrangements (“the Package Travel Directive”). The main changes introduced by these Regulations are the alignment of the definition of package and associated definitions with those used in the Package Travel Directive, removal of the separate Flight-Plus category and the widening of the scope of the ATOL Scheme to extend, in certain circumstances, to the activities of UK established businesses within the EEA, of those who procure flight accommodation on behalf of a consumer, and of other intermediaries.\nRegulation 3 makes amendments to regulation 1 of the principal Regulations consequential on regulation 9 of these Regulations.\nRegulation 4 updates regulation 2 of the principal Regulations to refer to the Package Travel Directive.\nRegulations 5 and 6 make changes to definitions used in the principal Regulations. In particular, the definition of “package” in the principal Regulations is replaced with a new definition in new Regulation 4A, associated definitions are inserted in regulations 4 and 4A of the principal Regulations and redundant definitions related to Flight-Plus are removed. These changes align the ATOL Scheme with the Package Travel Directive and the Package Travel and Linked Travel Arrangement Regulations 2018 (S.I. 2018/634). New regulation 4B of the principal Regulations provides that in most cases the term “making available” in the principal Regulations is to be interpreted as extending to the activities regulated under new regulations 9A and 9B of the principal Regulations.\nRegulation 7 makes clear that regulation 8 of the principal Regulations imposes a requirement on the CAA to publish certain things.\nRegulation 8 amends regulation 9 and inserts new regulations 9A and 9B into the principal Regulations. New regulation 9A requires an ATOL to be held in certain circumstances when flight accommodation is procured by a person acting as agent for the consumer. New regulation 9B requires an ATOL to be held in certain circumstances when a person facilitates the making available of flight accommodation by another person. In relation to the sale of packages, the regulation of provision of flight accommodation under regulations 9 to 9B of the principal Regulations extends to activities by UK businesses carried out in other EEA States.\nRegulation 9 replaces regulation 10 of the principal Regulations with changes to the exemptions from the requirement to hold an ATOL.\nRegulation 10 amends regulation 11 of the principal Regulations so that the Civil Aviation Authority’s (“CAA”) power in regulation 11(2) to exempt persons from any of the provisions of the principal Regulations is not limited to those holding an ATOL.\nRegulation 11 substitutes a new regulation 15 of the principal Regulations, which limits the circumstances in which those acting in the capacity of agent for an ATOL holder are able to rely on the exemption from holding an ATOL in regulation 10(1)(a) of the principal Regulations.\nRegulation 12 amends regulation 17 of the principal Regulations setting out the circumstances in which an ATOL certificate must be supplied to a consumer.\nRegulation 13 amends regulation 18 of the principal Regulations to make provision in relation to the specified method of supply of the ATOL certificate, making clear that it can be sent electronically even when the customer is present.\nRegulation 14 amends regulation 20 of the principal Regulations to change the requirements about information to be provided to consumers and to remove redundant references to Flight-Plus.\nRegulation 15 revokes Part 3 of the principal Regulations relating to Flight-Plus.\nRegulation 16 omits regulation 50(2) of the principal Regulations. The decisions listed in regulation 50(1) of those Regulations can only be made by a Member of the CAA. Decisions under the principal Regulations not listed in regulation 50(1) can be made either by a Member or by a CAA employee.\nRegulation 17 omits regulation 66 from the principal Regulations, as regulations 38 and 46 of the principal Regulations make clear that the CAA can provisionally vary an ATOL or accreditation with immediate effect.\nRegulation 18 makes provision for contravention of new regulations 9A and 9B of the principal Regulations to be an offence under 69(2) of those Regulations and removes the offence for breach of regulation 15 of those Regulations following the substitution of that regulation.\nRegulation 19 provides for the due diligence defence at regulation 70 of the principal Regulations to apply in relation to offences for breach of new regulations 9A and 9B and removes the redundant reference to regulation 15.\nRegulation 20 omits regulation 74, which is redundant, from the principal Regulations.\nRegulation 21 amends the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 (S.I. 2007/2999), to extend the definition of consumer to include a “traveller” (which is given the same meaning as in the principal Regulations).\nAn impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2018/670/note",
    "retrieved_at": "2026-10-28T22:57:12.457504+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."
}