# The Transport Act 2000 (Amendment of section 5(4)) Regulations 2011

S.I. 2011/205 · made 31 January 2011

These Regulations implement Article 2(4) of Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34).

Made under: European Communities Act 1972 (repealed)

PDFs: Printed copy https://openlegislation.uk/transport-act-2000-amendment-of-section-54-regulations-2011/pdf/uksi_20110205_en.pdf; Explanatory Memorandum https://openlegislation.uk/transport-act-2000-amendment-of-section-54-regulations-2011/pdf/uksiem_20110205_en.pdf

## Introductory text

Civil Aviation
Made 31st January 2011
Laid before Parliament 4th February 2011
Coming into force 6th April 2011
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to matters relating to air transport.
In exercise of the powers conferred by that section, the Secretary of State makes the following Regulations.

## 1 Citation and commencement

These Regulations may be cited as the Transport Act 2000 (Amendment of section 5(4)) Regulations 2011 and they come into force on 6th April 2011.

## 2 Amendment

In section 5(4) of the Transport Act 2000, omit the words “(as defined in section 1(1) of the Companies Act 2006)”.

## Signature

Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
31st January 2011

## Explanatory note

(This note is not part of the Regulations.)
These Regulations implement Article 2(4) of Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34).
Article 2(4) amends Article 8 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (OJ L 96, 31.3.2004, p.10).
Article 8(2) (as amended) prohibits (among other things) any requirement in the legal system of a Member State for an air traffic service provider who provides services in that Member State to have its registered office there.
Section 5(4) of the Transport Act 2000 provides that a licence to provide air traffic services is not valid unless it is granted to a company that has been incorporated under the companies legislation of the United Kingdom, which would necessitate having a registered office in the United Kingdom. Accordingly, these Regulations amend section 5(4) to remove the reference to domestic legislation.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the International Aviation and Safety Branch, Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. The impact assessment is also annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2011/205 (the official version)
Page: https://openlegislation.uk/transport-act-2000-amendment-of-section-54-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.