Legislation – Air Traffic Management and Unmanned Aircraft Act 2021

The Secretary of State may give a direction to a person involved in airspace change requiring the person to co-operate with another person involved in airspace change for the purpose of assisting that other person to do one or more of the following—

a

prepare an airspace change proposal or take steps towards the preparation of an airspace change proposal;

b

submit an airspace change proposal to the CAA;

c

take steps to obtain approval to an airspace change proposal that has been submitted to the CAA;

d

review the operation of an airspace change proposal that has been implemented (having been approved).

(This is subject to subsection (3).)

2

Before giving a direction under subsection (1) the Secretary of State must consult—

a

the person to whom the direction would be given, and

b

the person with whom co-operation would be directed.

3

The Secretary of State may give a direction under subsection (1) only if the Secretary of State considers that the direction will assist in the delivery of the CAA’s airspace strategy.

4

A direction under subsection (1) may require a person to co-operate in such ways as the Secretary of State considers appropriate including by—

a

providing such information and documents as are reasonably requested by the person with whom co-operation is directed, and

b

providing that information or those documents in such form (including, in the case of information, by answering questions orally or in writing) as is reasonably requested by the person with whom co-operation is directed.

5

A direction given to a person under subsection (1) may—

a

require the person to do specified things by specified dates;

b

where the direction requires the person to provide such information and documents as are reasonably requested by the person with whom co-operation is directed, require the person to provide the information and documents by such date as the person with whom co-operation is directed reasonably requests;

c

require the person to keep the CAA informed at specified intervals of the progress being made towards doing what the person is directed to do.

6

If the person to whom a direction is given considers that a request for information or documents from the person with whom co-operation is directed is not a reasonable request (whether by virtue of what has been requested, the form in which it has been requested or the date by when it has been requested), the person to whom the direction is given may refer the request to the CAA.

7

If a request is referred to the CAA under subsection (6), the CAA must—

a

determine whether or not the request is a reasonable request, and

b

give a notice of the determination to both persons referred to in subsection (6).

8

A direction under subsection (1) may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.