Legislation – Air Traffic Management and Unmanned Aircraft Act 2021

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.