Explanatory note

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), (b), (d) and (g), and (6)(a)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend the Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1363) (“the 2018 Regulations”) in response to amendments to Regulation (EC) 785/2004 (“the Regulation”) which have come into force since the 2018 Regulations were made. The Regulation prescribes minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties.

Part 2 amends regulations 9(c) and 10(b) of the 2018 Regulations so that those provisions replace the legislative powers conferred on the Commission under the amended Regulation with powers to make regulations conferred on the Secretary of State. It also substitutes a new regulation 11 which revokes Article 8a of the amended Regulation which sets out the conditions under which the Commission can exercise its powers to adopt delegated Acts.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations and is available with these Regulations on www.legislation.gov.uk.