The Civil Aviation Authority (CAA) , the UK's independent aviation sector regulator, responsible for the price regulation of Heathrow, Gatwick and Stansted airports and more general consumer regulation . English law as a rule recognises the concept of accession, which is similar to the nature of an annexation of title, for example by the owner of an aircraft to which an engine owned by another party is affixed. international standards developed by ICAO, such as and including ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA); legislation from the EC, although following expiry of the Brexit transition period a new UK Emissions Trading System (UK ETS) came into force replacing the UKs participation in the EU ETS such that both now have relevance to aviation operations in the UK; national legislation from Parliament and administered by government departments such as the Department for Trade, the Department for the Environment, Food and Rural Affairs (DEFRA), and the Department for Energy and Climate Change. For example, London Heathrow is owned by Heathrow Airport Holdings Limited (formerly BAA) which is owned by FGP Topco Limited, a consortium led by Ferrovial SA; Aberdeen, Glasgow and Southampton airports are owned by AGS Airports Limited which is jointly held by Ferrovial SA (via Faero UK Holding Limited) and AGS Ventures Airports Limited; Manchester Airport is owned by Manchester Airports Group plc; and London Gatwick is owned by French VINCI Airports (majority shareholder) and Global Infrastructure Partners. Federal Aviation Administration. The remedy is equitable and discretionary; a court will exercise considerable caution before granting it. The CAA was established in 1972, under the terms of the Civil Aviation Act 1971, following the recommendations of a government committee chaired by Sir Ronald Edwards. Airports have a responsibility for managing the noise impact of aircraft. The GDPR came into force in each Member State on 25 May 2018. This is a market power test, requiring that there should be effective competition outside of the joint venture. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? 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. If there is not a force majeure clause in a contract, a party can argue that they are unable to meet contractual obligations due to the contract being frustrated. Whilst there is no longer a principle for individuals rights in the DPA 2018, this is dealt with separately in Chapter III of the GDPR and states that personal data must be processed in accordance with the rights of data subjects. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). 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. What we do Airlines UK is the trade body for UK registered airlines, with members representing all sectors of the industry. If the CMA believes that a merger has resulted or may be expected to result in a substantial lessening of competition, and satisfactory undertakings cannot be agreed with the parties, the CMA will evaluate the competitive effects of the merger and may, where it believes the merger has or may result in a substantial lessening of competition in the UK market, refer the merger for an in-depth Phase 2 investigation. However, in dealing with the concerns of mortgagees, it is possible to seek to manage the risks of detention and sale of a registered aircraft by way of contractual obligations of owners and operators limiting the creation of liens to permitted liens. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an . Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. We formulate opinions and engage with [] EU regulators (and therefore in all likelihood the UK competition authorities at the present time) consider that the degree of competitive constraint imposed by one-stop services varies according to the route and assesses the precise impact of competing one-stop flights on the parties joint venture on a route-by-route basis. Under Part 1 Article 4(3) of the Air Navigation Order 2009, an aircraft must not be registered or continue to be registered in the United Kingdom if it appears to the CAA that: (a) the aircraft is registered outside the United Kingdom and that such registration does not cease by operation of law when the aircraft is registered in the United Kingdom; (b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share in the aircraft; (c) the aircraft could more suitably be registered in some other part of the Commonwealth; or. The UK competition authorities in all likelihood at the present time will follow an analysis similar to that of the CJEU and the EC. These pages are undergoing reviews and updates. Subject to airport security implementing sufficiently rigorous safeguards and complying with relevant standards, it is not outside the realms of possibility that this technology could be used in a similar fashion within commercial airports and by commercial operators in the near future. As detailed above, the Montreal Convention became effective in the United Kingdom pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2009 and it can be applied in the UK courts, without particular limitation, on that basis. The DPA 2018 creates several criminal offences, including (amongst others) unlawfully obtaining personal data, selling personal data obtained unlawfully, altering personal data to prevent disclosure to the data subject, failing to comply with an enforcement notice and making a false statement in response to an information notice. Commercial claims (see below) should be pursued in the Commercial Court of the Queens Bench Division of the High Court, or in the County Court. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? The change was outside the parties control. 1.10 Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports? As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). There have been recent developments in relation to Regulation 261 in case law. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. The following is a list of regulators in the UK. Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. The ICO enforced a then unprecedented 20 million fine on British Airways as a result of the breach. b) a ground handing company providing, as its primary function, any of the handling services listed in EU Directive 96/67/EC directly to an airport user for scheduled commercial flights at a commercial airport in England for a site or sites located in England. There is also a discretion for the CAA to register an aircraft which is owned by a person not qualified under Part 1 Article 5(1) where the owner resides or has a place of business in the United Kingdom, but such aircraft must not be used for commercial air transport, public transport or aerial work (Part 1 Articles 5(2) and (3)). Interestingly, the coronavirus pandemic is thought to have encouraged this new proposal, as there have been calls to reform air traffic management in order to make it easier to adapt traffic capacities in accordance with demand (or a lack of, as has been the case during the pandemic). In practice, this is not a commonly used doctrine as there is a very high threshold to prove it. The registration fees for such priority notices vary according to the MTOW of the subject aircraft, and are currently as follows (subject to revision annually): The relevant registration fee is applied by the CAA on a per aircraft basis. Yes. The Court of Appeal found that availability of airline crew was inherent in the airlines operations and absence for sickness, regardless of whether that occurred before or whilst on duty, did not amount to an extraordinary circumstance. the aviation industry manages security risks effectively. 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. As regards favourable tax treatment on the disposal of aircraft, no particular tax rules or regulations apply at present, although the effects of such taxation can be optimised by thoughtful tax planning strategies. The airport operator is responsible for ensuring that the landing ground and runway remain clear of unmarked and unlit obstructions pursuant to the Air Navigation (Consolidation) Order 1923. Regulators exercise regulatory or supervisory authority over a variety of endeavours. International Aviation Authorities | Federal Aviation Administration This certificate testifies that the type of aircraft meets the safety requirements set by the European Union. the planning framework operated by local authorities. Pursuant to Part 6 (Service of Documents) of the Civil Procedure Rules, where the claim form is being served in the jurisdiction (defined as England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales), a claim may be served by a number of methods including (without limitation) by personal service, first-class post, or by service on the defendants solicitors, fax or other means of electronic communication. Civil Aviation Authority (United Kingdom) - Wikipedia The sector operates business jets, rotorcraft, piston and jet-engine fixed-wing aircraft, gliders of all descriptions, and lighter than air craft. 3280, paragraph 158 (j); Lufthansa/SNAirholdings, Case COMP/M. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. In terms of the Civil Aviation Act 2012, an airport operator that has, or is likely to acquire, substantial market power requires a licence from the CAA. The category and level of court to which an appeal is to be made depends on the level of the court making the decision which is being appealed. The General Data Protection Regulation (Regulation 2016/679) (the GDPR), the UK GDPR (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) and the UK Data Protection Act 2018 (DPA 2018) govern the collection and use of personal data in the UK. Economic Regulation | Heathrow Basic Regulation, the Implementing Rules and UK CAA AMC GM CS, Civil Aviation Act 1982, the ANO 2016, the Rules of the Air 2015, and the DG Regulations 2002, The UK Service Provision Regulation and the Regulations made under it, The UK Airspace Regulation and the Regulations made under it, How were helping enable improvements in aviations sustainability, Regulator calls for views on plans to improve airline accessibility, General Aviation Unit delivers first quarter engagement. The CAA implements the ICAO SARPs in national legislation and is responsible for regulatory oversight. The ICO has the power to fine data controllers up to 17.5 million or 4% of annual worldwide turnover (whichever is higher) for breaches of the UK GDPR and DPA 2018. 4.11 Is there any legislation governing the denial of boarding rights and/or cancelled flights? A CAA is a national regulatory body responsible for aviation. If so, what obligations, broadly speaking, are imposed on the airport authorities? Eight insurers had some of their policy wording considered by the court. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an . The number of enforcement notices and penalties issued by the ICO under the GDPR is expected to rise, especially in the aftermath of the ICOs investigation concerning the data breach at British Airways in August 2018 that resulted in the account numbers and personal information from around 500,000 customers being stolen. As pointed out by vasin1987 in a comment to the question, each country's regulatory body has control of that country's airspace: These agencies exist in a "mesh" of coequals as opposed to a hierarchy. On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. 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. No. The EC considers that Business and First Class tickets on one hand, and Economy on the other, are two different product markets. To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. These clauses have to be read extremely closely in order to determine whether they enable a party to suspend their obligations. These are: Under the Climate Change Act 2008, the Department for Business, Energy and Industrial Strategy is responsible for setting carbon budgets for different industries. (g) firms carrying on business in Scotland; in this sub-paragraph firm has the same meaning as in the Partnership Act 1890 (c39). Where an individual has suffered material or non-material damage due to a data controllers breach of the UK GDPR, that individual is entitled to claim compensation from the data controller or processor. Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 Statutory Instrument No 1895 2007. PDF Unit 1: The UK Aviation Industry - Edexcel Similarly, the principle for international transfers of personal data previously contained in the DPA 1998 is now dealt with separately in Chapter V of the GDPR. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. 4.12 What powers do the relevant authorities have in relation to the late arrival and departure of flights? A fee is payable to the CMA in respect of relevant merger situations. Aircraft certification | EASA The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. Under the UK GDPR there is now a mandatory obligation for an airline to notify the Information Commissioners Office (ICO the regulatory body in charge of the DPA) of a data breach under Article 33. It is also worth noting that EU countries have bilateral PNR agreements with third countries in the wake of terrorist attacks across the EU and in the USA. 4.4 How does your jurisdiction approach mergers, acquisition mergers and full-function joint ventures? The Court analysed the position under English law and overruled the defendants submission that Lipton v BA City Flyer was wrongly decided insofar as claims decided after the end of the transition period should be decided on the basis of Regulation 261 as amended by the 2019 Amendment Regulations. Our role | Civil Aviation Authority The initiative, which was launched in 2004, seeks to improve the European air traffic management system in order to reform the European airspace, from a perspective of capacity, efficiency and environmental impact. In the Alitalia/Volare case, the Italian Competition Authority considered the codeshare agreement restrictive but the decision was reversed by the court (both first instance and second instance), and in the Alitalia/Minerva case, the Authority considered the codeshare agreement not to be restrictive. Copyright protection applies to original works upon creation of the work, without the need for registration (copyright is not registrable in the UK). 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. This case reaffirms the CAAs decision to take enforcement actions against airlines in relation to passenger compensation. 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 acute impact that coronavirus is having on the aviation industry means that pieces of legislation such as Regulation 261/2004 (Regulation 261) have become particularly significant this year. the drone must not be flown within 150m of any large group of people such as a concert or sporting event. There is not a statutory definition of a force majeure event, but these typically include provisions for issues such as the weather (flood, drought, earthquake or other natural disaster), terrorist attacks and war, governmental acts, and most fittingly for the current environment, pandemics and epidemics.
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