(2) The runway protection zone (in which no drones may be flown) has been extended around aerodromes to within 5km of runway ends, and up to a height of 2,000ft. For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). The Court of Justice of the European Union (CJEU) ruled that the defence could be relied upon because the circumstances could not have been avoided even if all reasonable measures were taken. In relation to a), the supply, charter or hire of qualifying aircraft are zero-rated for VAT purposes. We work with governments, regulators and legislators to promote the interests of UK airlines, and with organisations across the sector to encourage long-term and sustainable growth in aviation. To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. 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 . 40,000, where the UK turnover is less than 20 million; 80,000, where the UK turnover is between 20 million and 70 million; 120,000, where the UK turnover is between 70 million and 120 million; and. 1.8 Do the airports impose requirements on carriers flying to and from the airports in your jurisdiction? For example, the continued effects of coronavirus may not be seen as unforeseeable for new contracts made after the initial pandemic outbreak, therefore if the events defined in a force majeure clause must be unforeseeable, it could be argued that any coronavirus-related issues do not suspend obligations. The obligations under the DPA 2018 are on the data controller, who is the person that determines how personal information can be processed. There is very limited risk indeed that such a consequence will arise, subject to any considerations of a general nature which might arise as a result of the application of a reasonableness test under the Unfair Contract Terms Act 1977 (which would in turn be almost unheard of given the wide body of historical transacting and knowledge of terms and conditions which typify the aviation sector). In February 2011, the EC also opened an investigation on the codeshare arrangement between Brussels Airlines and TAP Air Portugal, which is still ongoing. There is no minimum period for which controllers must hold personal information; rather, they must securely delete personal data when that personal data is no longer necessary for the purposes for which it was collected. One of the main reasons for having an aviation regulator is to protect the public from risks they can't reasonably assess or protect themselves from, the impacts of which could be very significant. A party may appeal to the High Court on a question of law arising out of the arbitral award. 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. 4.10 What are the mechanisms available for the protection of intellectual property (e.g. 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 . There have been recent developments in relation to Regulation 261 in case law. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. CAA works independently from government. 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. If your. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. UK legislation is contained in the Civil Aviation Act 1982 and the Air Navigation Order 2009 (as amended). trademarks) and other assets and data of a proprietary nature? In June 2014, the Court of Appeal held that a technical problem is not considered to be an extraordinary circumstance under Regulation 261 and accordingly cannot be used as a basis for an airline to escape from its obligation to compensate passengers for long delays, cancellations, rerouting and/or denied boarding (Jet2.com v Huzar [2014] EWCA Civ 791). A long-running commission of enquiry, chaired by Sir Howard Davies, gave its recommendation in July 2015 that a third runway be built at London Heathrow. Copyright protection applies to original works upon creation of the work, without the need for registration (copyright is not registrable in the UK). General aviation in the United Kingdom - Wikipedia These forms of combined travel are protected as a package under the Directive; in particular, where the travel services are booked at the same time and as part of the same booking process or where they are offered for an inclusive price. trading) of aircraft in England and Wales. Speak to our team on 0370 900 0100 from inside the UK, or +44 330 . Air Carrier Liability (No 2) Regulations 2004 Statutory Instrument No 1974 2004. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. CAA is the Civil Aviation Authority. The UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright. We need to understand and ensure risks are managed in a system-wide way. ICLG.com > The Secretary of State has a general responsibility for organising, carrying out and encouraging measures for the development of civil aviation and the related aviation industry, for the promotion of its safety and efficiency, for research into questions relating to air navigation, and for the safeguarding of the health of persons on board aircraft. 1.5 Are air charters regulated separately for commercial, cargo and private carriers? There are narrow exceptions to this general rule. For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. This type of application may be made without notice to the operator of the relevant aircraft if the mortgagee or the lessor (as the case may be) can demonstrate the urgency of the matter to the court in accordance with the applicable Civil Procedure Rules. 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. Furthermore, a person or corporate body acquiring an interest is exempt from paying a merger fee if, in its most recent financial year before the time the fee would become payable, it meets the criteria for small or medium-sized enterprises, as defined by reference to certain provisions in the Companies Act 2006. There is no domestic legislation prohibiting the detention of commercial transport aircraft. As outlined in question 1.1 above, this Regulation protects passengers in the event of cancellation or long delay. There is CAA for the UK Civil Aviation Authority, the FAA for the US Federal Aviation Administration, and EASA for the European Aviation Safety Agency, not to mention more technical additions such as ETOPS, SAF, and eVTOL. There is a small claims track within the IPEC which is appropriate if the claim has a value of 10,000 or less. If proved, an airline will be liable to a fine not exceeding 5,000 for each offence. The European Aviation Safety Agency (EASA) has authority in respect of aviation safety regulation within European Union (EU) Member States pursuant to Regulations having direct application (see Regulation 216/2008). A relevant merger situation under the UK merger rules arises where: With the exception of special cases of mergers involving newspapers, broadcasters or water companies, there is no obligation to notify proposed or completed mergers. This is broadly the position also in relation to VAT applicable to the importation of aircraft into the United Kingdom, except where the aircraft has been imported previously into a Member State of the EU and is classified to be in free circulation for customs purposes. Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. Dont worry we wont send you spam or share your email address with anyone. 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. Data subjects, such as individual passengers, now have further rights under the GDPR, including the right to: (a) access a copy of the information comprising their personal data; (b) object to processing that is likely to cause them damage or distress; (c) prevent processing for direct marketing; (d) object to decisions being taken by automated means; (e) have inaccurate personal data rectified, blocked, released or destroyed; (f) have personal data deleted where continued processing is unnecessary (the right to be forgotten); (g) request that certain data, which is processed by automated means, is transferred to a different controller; and. A court order obtained in this way reduces any risk of liability of the lessor or the mortgagee (as the case may be) of the relevant aircraft to third-party claims for compensation for losses due to a repossession (in the case of aircraft in scheduled operation in particular, such losses can be substantial), assists with ensuring the cooperation of the CAA with their issuing of necessary permissions for the continued flight of the aircraft affected, and is also presentable to any prospective third-party purchaser of the aircraft as proof of the right of the mortgagee, or indeed the owner, to sell the aircraft with good title, free of any trailing interests of the relevant mortgagor or lessee (subject to any other third-party rights over the relevant aircraft). Delivering unique value The change is fundamental to the root of the contract (, As a result, performance of the contract would be illegal, impossible, or radically different (, two or more enterprises cease to be distinct in essence, the transfer from one party to another of an enterprise, which is broadly defined to include business activities of any kind; and either: as a result of the merger, the combined enterprises will supply or acquire 25% or more of any goods or services in the UK or a substantial part of the UK; or an existing share of supply of 25% or more will be enlarged (section 23 of the Enterprise Act 2002) (it should be noted that the share of supply test is not a market share test but, rather, focuses on the share of supply of the most narrow reasonable description of goods or services); or. 4.11 Is there any legislation governing the denial of boarding rights and/or cancelled flights? [8] En-route control centres [ edit] There are two control locations in the UK operated by NERL: The DPA 2018 further sets out derogations and exemptions to the GDPR that will apply in the UK. ICLG - Aviation Laws and Regulations - PDF UK Approach to Recreational General Aviation Safety it complies with the provisions on good repute as specified in Article 7 of the Regulation. In 2020, the FCA brought a business interruption insurance test case in order to clarify issues of contractual uncertainty for policyholders and insurers during the coronavirus pandemic. Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. Yes. The Montreal Convention has legal effect in the United Kingdom through the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002/263. In relation to b), there are no documentary taxes (e.g. In the event that the defendant is established out of the jurisdiction, the court may permit a claim form to be served on the defendants agent provided that an agent for service of process has been appointed and that agents authority has not been terminated. Type B operating licences are for operators of aircraft with 19 or fewer seats; Type A operating licences are for operators of aircraft with 20 or more seats. 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. Well send you a link to a feedback form. UK - EU Transition, and UK Civil Aviation Regulations. It is clear that developments in the data protection space involving the collection, retention, processing and use of personal specifically, PNR data will continue to feature as a major area of concern and focus for airlines and airports in the future, let alone the next two years. This case reaffirms the CAAs decision to take enforcement actions against airlines in relation to passenger compensation. Parties now also need to ensure that their agreement satisfies the exemption criteria of section 9 CA 1998 and (save for where the agreement relates to wholly-UK matters only) Article 101(3) TFEU, on which section 9 is closely based. Nevertheless, limited case law on the subject is exclusively related to real estate (that is, immovable assets) and there is perceived to be little or no risk as a matter of English law to loss of or prejudice to title when aircraft engines are installed on a different airframe. 4.3 Does your jurisdiction have a notification system whereby parties to an agreement can obtain regulatory clearance/anti-trust immunity from regulatory agencies? The EASA is a EU agency and applies to all of EU, very similar to how the FAA is a US agency that applies to all of the US. The worlds of international regulatory bodies and aviation are both full of acronyms. Our regulatory approach | Civil Aviation Authority The Civil Aviation Authority (CAA) is responsible for the regulation of aviation safety in the UK, determining policy for the use of airspace, the economic regulation of Heathrow, Gatwick and. This has an impact on carriers, as it has a scope which extends beyond the traditional holiday package booked through a tour operator, and covers many other forms of combined travel (for example, fly-drive holidays and flight-hotel bookings). Certain airports will require a licence to levy airport charges, and the CAA can impose such conditions on that licence as it deems necessary to promote competition (e.g. Government launches review of Civil Aviation Authority to strengthen The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. 3.5 What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis? The ICOs other coercive powers include issuing information notices requiring organisations to provide it with information and issuing binding undertakings to organisations with which they must comply. Customs and excise authorities may detain an aircraft to enforce their charges against an operator. This avoids additional administrative hurdles resulting from the ratification of the CTC, but at the same time means that it is not possible to register such pre-existing interests. Some intellectual property disputes may be heard initially by the IPO. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. 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. What criteria apply to obtaining these subsidies? Foreign-domiciled companies may operate in the UK without registering a UK company or branch. 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. 2.5 What (if any) are the tax implications in your jurisdiction for aircraft trading as regards a) value-added tax (VAT) and/or goods and services tax (GST), and b) documentary taxes such as stamp duty; and (to the extent applicable) do exemptions exist as regards non-domestic purchasers and sellers of aircraft and/or particular aircraft types or operations? If so, what obligations, broadly speaking, are imposed on the airport authorities? We are a public corporation, established by Parliament in 1972 as an independent specialist aviation regulator. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. In these circumstances, the mortgagee or the lessor (as the case may be) will be required to provide a cross-indemnity for any third-party claims arising from a sudden detention of the aircraft (not, however, in favour of the relevant mortgagor, lessee or operator of the relevant aircraft, on the basis that it is assumed that an appropriate indemnity from such party has already been given in respect of, among other things, losses arising from the repossession of the relevant aircraft following a default). It also has concurrent powers with the Competition and Markets Authority (CMA) to enforce competition law in relation to air traffic services and airport operation services. the aviation industry manages security risks effectively. There are no restrictions as to who can be registered as a mortgagee, and any mortgage charging a UK-registered aircraft by way of security may be registered (and indeed, from a mortgagees perspective, should be, so as to confirm the security priority referred to in the section headed Priority below). Search fees are currently 31 per aircraft and are revised on an annual basis. To register aircraft on the United Kingdom Register of Civil Aircraft, a Form CA1 (see www.caa.co.uk) is submitted either by the owner or by the so-called charterer by demise (by virtue of a relevant loan, lease, hire or hire purchase) eligible to register in accordance with the Air Navigation Order 2009 [see Endnote 1]. With the implementation of the GDPR, the DPA 2018 and the PNR Directive (and the national variations), operators need to continue to review and monitor their mechanisms, processes and procedures in place to ensure compliance with new legislative requirements around the collection and provision of data and the secure handling, retention and use of it. the outcome of the claim is of importance to the public in general. The Joint Aviation Authorities (JAA) was founded in 1970, for cooperation between European CAAs. Civil Aviation Authority The United Kingdom Register of Civil Aircraft, maintained by the United Kingdom CAA, is not a register of legal ownership, and therefore registration of ownership does not constitute proof of ownership of a particular aircraft. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. 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. They are licensed and regulated by the CAA. 3.2 Is there a regime of self-help available to a lessor or a financier of an aircraft if it needs to reacquire possession of the aircraft or enforce any of its rights under the lease/finance agreement? The creditor will have to demonstrate, inter alia, that there is a real risk of dissipation of the debtors assets other than in the usual course of the debtors business, and that the value of the debt is commensurate with that of the aircraft. UK competition law in its own right reproduces in virtually identical form EU competition law and systems of competition law enforcement, sections 2 and 9 of the UK Competition Act 1998 (CA 1998) setting out provisions similar to the prohibition of anticompetitive agreements and the exemption criteria (Articles 101(1) and 101(3) of the Treaty on the Functioning of the European Union (TFEU)).
