Legislation – Air Traffic Management and Unmanned Aircraft Act 2021
PART 2Air traffic
12Airport slot allocation
1
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports is amended as follows.
2
After Article 10a insert—
Article 10aaTemporary power to make regulations about airport slot allocation
1
The Secretary of State may by regulations amend or modify this Regulation or the Airports Slot Allocation Regulations 2006 (S.I. 2006/2665) to make provision about the allocation of airport slots to air carriers in respect of specified periods.
2
The Secretary of State may make regulations under this Article only if the Secretary of State considers that as a result of severe acute respiratory syndrome coronavirus 2—
a
there has been a reduction in the level of air traffic in a period compared to the corresponding period in a relevant previous year, and
b
the reduction is likely to persist.
3
The power to make regulations under this Article may not be exercised—
a
after 24 August 2024, or
b
in respect of a period after the winter season following 24 August 2024.
4
Regulations under this Article may, in particular, make provision—
a
requiring coordinators to consider slots allocated for a specified period as having been operated by the air carrier to which they were initially allocated, subject to any conditions as may be specified in the regulations being met;
b
modifying Articles 8(2), 10(2) and (4) and 14(6) of this Regulation to apply for a specified period as if they contained different percentage figures, subject to any conditions as may be specified in the regulations being met;
c
modifying Article 10(4) of this Regulation to apply for a specified period as if it included additional reasons on the basis of which non-utilisation of slots by an air carrier can be justified;
d
modifying Article 14 of this Regulation to apply for a specified period as if it included a power for the coordinator to withdraw slots from an air carrier for the remainder of a scheduling period where the coordinator determines that the air carrier has ceased its operations at the airport concerned and is no longer able to operate the slots allocated to it;
e
about enforcement of any provision made under this Article, including modifying for a specified period Article 14 of this Regulation or regulations 14 to 19 of the Airports Slot Allocation Regulations 2006;
f
modifying for a specified period any provision of this Regulation relating to the allocation of slots to new entrants (including the definition of new entrant);
g
modifying for a specified period any provision of this Regulation relating to coordination parameters.
5
In paragraph 2(a) “relevant previous year” means any previous year that the Secretary of State considers appropriate for the purposes of comparing levels of air traffic.
3
In Article 13 (regulations)—
a
after paragraph 1 insert—
1a
A statutory instrument containing regulations under Article 10aa may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
b
in paragraph 2, for “Regulations” substitute “Any other regulations”.