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The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2021 in Wales

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2021, ISBN 9780348216202

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Civil Aviation

Made ***

Coming into force ***

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of Council Regulation (EEC) No 95/93
  3. 3Amendment of Council Regulation (EEC) No 95/93
  4. 4Amendment of Council Regulation (EEC) No 95/93
  5. 5Amendment of Council Regulation (EEC) No 95/93
  6. Signature
  7. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Airports Slot Allocation (Amendment) (EU Exit) Regulations 2021 and they come into force on the day after the day on which they are made.

(2)

These Regulations extend to, and apply in relation to airports located in, England and Wales and Scotland.

2Amendment of Council Regulation (EEC) No 95/93

Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airportsf1 is amended as follows.

3Amendment of Council Regulation (EEC) No 95/93

(1)

Article 10a is amended as follows.

(2)

In paragraph 2, for “Union” substitute “United Kingdom”.

(3)

In paragraph 4—

(a)

for “Commission”, in the first place it appears, substitute “Secretary of State”;

(b)

for “, which is the network manager for the air traffic network functions of the single European sky,” substitute “or other relevant data”;

(c)

for “Commission shall adopt delegated acts in accordance with Article 12a to” substitute “Secretary of State may by regulations”.

(4)

Omit paragraphs 5 and 6.

4Amendment of Council Regulation (EEC) No 95/93

For Article 12a (exercise of the delegation) substitute—

“Article 12a

Exercise of the power under Article 10a(4)

The power to make regulations under Article 10a(4) may not be exercised after 2nd April 2021.”.

5Amendment of Council Regulation (EEC) No 95/93

Omit Article 12b (urgency procedure).

Signature

Signed by authority of the Secretary of State for Transport

Name

Parliamentary Under Secretary of State

Department for Transport

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures in retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend legislation in the field of aviation, relating to the allocation of slots at congested airports, to ensure that it operates effectively as part of retained EU law. It amends Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at United Kingdom airports (“Regulation 95/93”).

Regulation 3 amends Article 10a of Regulation 95/93. Paragraph 1 of that Article provides that slot coordinators are to consider slots allocated for the period from 1 March 2020 until 27 March 2021 to have been operated by the air carrier to which they were initially allocated. Paragraph 4 of that Article gives the European Commission power to amend this period if the reduction in air traffic persists and is the result of the impact of the Covid-19 pandemic. Regulation 3(3) transfers this power to the Secretary of State.

Regulation 4 replaces Article 12a of Regulation 95/93. Most of Article 12a, in particular the role of European Union institutions, is no longer relevant following the end of the implementation period.

Regulation 5 omits Article 12b of Regulation 95/93, which provided for an urgency procedure for the adoption of legislation by the Commission under Article 10a of that Regulation, as it is no longer relevant following the end of the implementation period.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument on the UK legislation website, www.legislation.gov.uk.