aviation regulatory bodies uk

Mergers (including, acquisitions and full-function joint ventures) are not subject to a system of mandatory notification in the UK. Practice Areas > 4.18 Are there any nationality requirements for entities applying for an Air Operators Certificate in your jurisdiction or operators of aircraft generally into and out of your jurisdiction? The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. 1.2 What are the steps which air carriers need to take in order to obtain an operating licence? Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. Certified copies of the entries on the Mortgage Register are available at 31 per aircraft. Since then, a qualifying aircraft must be: i) used by an airline operating for reward chiefly on international routes; or ii) used by a State institution and of a weight of not less than 8,000kg and neither designed nor adapted for use for recreation or pleasure. The current EU case law is limited. A patent application should include a full description (including drawings) of the invention, the claims defining the invention, an abstract summarising the inventions technical features and the relevant IPO forms. In summary: (a) the agreement should generate efficiency gains for the parties or promote economic progress (e.g. 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). The initiative, based on feedback from passengers, is "designed to encourage, and recognize the airline's 13 million frequent flyers for doing things like offsetting their flights, staying in eco-hotels, walking to work, and installing solar panels at home". EU Regulation 376/2014 on the investigation and prevention of accidents and incidents in civil aviation. 4.10 What are the mechanisms available for the protection of intellectual property (e.g. Delivering unique value 3770, paragraph 196). The Department for Transport (in exercising the authority of the Secretary of State for Transport) is the governmental body responsible for civil aviation. This evaluation considers a demand-side perspective, whereby customers consider all possible alternatives of travelling from a city of origin to a city of destination, i.e. 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. 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. 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)). The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. Of less frequent application, a creditor may obtain a freezing injunction, restraining an aircraft pending judgment and execution of the judgment debt. Assistance of the local police is routinely available to AAIB investigators to secure an accident site. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. 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. Eight insurers had some of their policy wording considered by the court. The party seeking to rely on the clause must demonstrate that they have been engaged in the particular event (Channel Island Ferries Ltd v Sealink UK [1998]). The outcome will continue to be of interest as a number of other airlines have announced similar introductions to incentivise the use of their own, or new distribution capability, booking systems. Ad hoc funding by the UK Government for domestic flight routes is available to UK airlines where it can be demonstrated that it will boost regional links across the UK and create a positive economic impact in terms of employment and supply chain dynamics and structured as public service obligations (PSOs). 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). However, it often provides non-conclusive prima facie evidence. 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. Starting from the top, we find the International Civil Aviation Organisation (ICAO), which is a United Nations agency. The CAA exercises certain licensing and other powers under EU Regulations, notably in connection with operational safety and airworthiness. These clauses usually suspend the obligation rather than terminate it completely. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. In certain respects, the CAA acts for EASA in the UK. 1 Answer. As with all other UK businesses, airports have to meet legislative standards in relation to water quality, waste and protecting the natural environment. We need to understand and ensure risks are managed in a system-wide way. Trademarks, patents and designs are registrable with the IPO. Most destinations still require a negative coronavirus test result to be produced before flying or upon arrival, and it remains to be seen how long this guidance will be in place. In order for the licence to be granted, the CAA must be satisfied that the applicant fulfils the conditions set out in EU Regulation 1008/2008, including that: 1.3 What are the principal pieces of legislation in your jurisdiction which govern air safety, and who administers air safety? The UK has an Intellectual Property Office (IPO). Users of airports are subject to airport charges, which are regulated by the CAA under the Civil Aviation Act 2012 and the Airport Charges Regulation 2011. The Court will only intervene if the arbitrators decision is obviously wrong or the question is one of general public importance and the decision of the tribunal is at least open to serious doubt. 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. 3.1 What rights of detention are available in relation to aircraft and unpaid debts? This is generally effective in providing an early warning of any potential detention or retention of a relevant aircraft, and in ensuring the timely termination of the relevant operating agreement before liens are enforced. in respect of maintenance or repair of the aircraft or in respect of an unpaid purchase price for the aircraft) has been satisfied. 3.3 Which courts are appropriate for aviation disputes? It provides a very useful overview on civil procedure in a wide range of countries (not only the usual suspects as England, US, France and Germany, but many more). The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). In common law, under specific conditions, a possessory lien arises in favour of a person who has expended labour and skills on the improvement of a chattel. The relevant aircraft mortgage, once registered with the CAA, will then take its priority from the date of registration of the original priority notice. The UK will no longer be able to exert an influence through the Single Sky Committee, but will continue to be able to participate more indirectly, such as through its involvement in standardisation bodies such as EUROCAE and ETSI. It requires more systematic collection, use and retention of PNR data on air passengers, and therefore has an impact on the rights to privacy and data protection. They are licensed and regulated by the CAA. 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. In relation to a), the supply, charter or hire of qualifying aircraft are zero-rated for VAT purposes. trademarks) and other assets and data of a proprietary nature? A fee is payable to the CMA in respect of relevant merger situations. It should nevertheless be noted that a right to repossess the relevant aircraft would always be subject to any liens and other statutory detention or retention rights of third parties (as described more fully in Priority under question 2.2 above). Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. The sector operates business jets, rotorcraft, piston and jet-engine fixed-wing aircraft, gliders of all descriptions, and lighter than air craft. 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 Stansted airports, the licensing and financial fitness of airlines and the management of the ATOL financial protection scheme for holidaymakers. the drone must not be flown within 150m of any large group of people such as a concert or sporting event. 2.9 To what extent is there a risk from the perspective of an owner or financier that a lessee of aircraft or other aviation assets in your jurisdiction may acquire an economic interest in the aircraft merely by payment of rent and thereby potentially frustrate any rights to possession or legal ownership or security? 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. 2.7 How are the Conventions applied in your jurisdiction? The details of those . 2.8 Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? the meaning and effect of Regulation 261 is determined by reference to European case law made before 31 December 2020, but the English courts are able to depart from retained CJEU case law and general principles where they consider it appropriate to do so. The market definition for airports is based on a catchment area of airports considered substitutable by passengers. All the major GDSs operate in the UK, e.g. In the meantime, the UK ETS, EU ETS and CORSIA regimes all run in parallel and give rise to increased compliance issues given their overlapping requirements in places. 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. Speak to our team on 0370 900 0100 from inside the UK, or +44 330 . As at the time of writing, the airports website stated that [w]e are currently consulting with investors, government, airline customers and regulators on our next steps. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. The majority of cases arising out of the finance or lease of aircraft will be heard by the Commercial Court. The CAA implements the ICAO SARPs in national legislation and is responsible for regulatory oversight. 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. Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. The data controller must notify the relevant authority without undue delay and, where feasible, not later than 72 hours after having become aware of it. 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? This is a market power test, requiring that there should be effective competition outside of the joint venture. Liens in favour of maintenance organisations are widely considered to arise in common law; however, in the majority of cases the right of lien is expressed contractually and there is no requirement for improvement. EU law primarily impacted UK aviation through regulations governing traffic rights, aviation safety and access to routes for commercial air transport services (whether within, or to and from, the EU). Customs and excise authorities may detain an aircraft to enforce their charges against an operator. 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. Federal Aviation Administration. 3.7 What rights exist generally in law in relation to unforeseen events which might enable a party to an agreement to suspend or even terminate contractual obligations (in particular payment) to its contract counterparties due to force majeure or frustration or any similar doctrine or concept? 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). Dr. Rieme-Jan Tjittes - BarentsKrans, 2002-2023 Copyright: ICLG.com | Privacy policy | Cookie policy, Prof. Dr. Rieme-Jan Tjittes - BarentsKrans. At a macro European level, in May 2018 the European Commission (the EC) dismissed a complaint, brought against Lufthansas 2015 introduction of a 16 surcharge on seats booked through the global distribution suppliers, such as Travelport, Travelsky, Sabre and Amadeus, which alleged breach of Council Regulation (EC) 2299/89 on a code of conduct for computerised reservation systems (the Code). The ICO issued the first UK enforcement notice under the GDPR in July 2018 on a Canadian data company. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? 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. The relevant market may vary according to the type of passengers: premium and non-premium passengers; or time-sensitive and non-time-sensitive passengers. 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? 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. 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. An appeal from factual findings is usually difficult to pursue. Regulatory Bodies interviewed, both here and overseas, were generous in their involvement. In addition, the Airport and Ground Operations Support Scheme (AGOSS) to fund certain essential payments is available to: a) a commercial airport situated within England with a valid commercial licence from no later than 27 October 2021 that operated at least 12 scheduled commercial passenger flights in 2019; and. First and Business Class ticket passengers are less price-sensitive than Economy ticket users. If so, what obligations, broadly speaking, are imposed on the airport authorities? Civil Aviation (Provision of Information to Passengers) Regulations 2006 Statutory Instrument No 3303 2006. 1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction. Aviation Law > A further 6 million was removed due to British Airways response to the breach, and a 4 million reduction due to the ICOs updated regulatory approach in response to coronavirus, which aims to take into consideration the impact of the coronavirus pandemic and the present economic situation on the economic situation on the organisation. The UK is a party to the Chicago Convention 1944, which provides for availability, so far as practicable, of aerodromes in its territory (Article 28) and equality of conditions for use of aerodromes for international and domestic aircraft (Article 15). Subject to the limited exceptions mentioned below, there is no statutory regime of self-help rights as a matter of English law. (3) Drones weighing more than 20kg must comply with all rules within the ANO as if they are a manned aircraft, subject to any exemptions from the CAA. A request for permission to appeal can (and if appeal is to be sought, should) be made to the lower court at the hearing at which the decision to be appealed is made. The CAA will then confirm, in writing, to the applicant once an aircraft mortgage registration application is successful. An appeal to the Supreme Court followed, and the judgment to that appeal was delivered on 15 January 2021. Fields marked with an asterisk (*) are required. Although there is no rigid financial limit, a claim for less than 200,000 is likely to be transferred out of the Commercial Court unless it involves a point of special commercial interest. In addition, local authorities play a role at the local level, as do various governmental agencies and bodies such as the Environment Agency and Natural England; and. The CAA carry out inspections at EMA on a regular basis to ensure compliance and any shortfalls will be identified by the CAA . the outcome of the claim is of importance to the public in general. The court will serve the claim form (subject to certain exceptions, for example, where the claimant has notified the court that the claimant wishes to serve it). 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. A route of appeal lies from the Court of Appeal to the Supreme Court. Databases may be protected by copyright and/or database rights. There is no prohibition of vertical integration between air operators and airports. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. The following is a list of regulators in the UK. A party may challenge an arbitral award for lack of jurisdiction (section 67 of the Arbitration Act 1996). The headquarter is in Montreal, Canada, and there are 7 regional offices. The claimant must file at court a notice with the claim form, containing a statement of the grounds on which it is entitled to serve the claim form out of the jurisdiction. 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. the aviation industry manages security risks effectively. Remedies vary depending on the nature of the dispute. Find out about the Energy Bills Support Scheme, Air travel checklist for travel from the UK, Boost for aspiring young aviators as government provides funding for outreach programmes, Civil Aviation Authority annual progress report, Air passenger experience of security screening: 2019, Commercial spaceflight: insurance and liabilities requirements, See all transparency and freedom of information releases. Foreign-domiciled companies may operate in the UK without registering a UK company or branch. These obligations are generally complemented by contractual monitoring rights, established in the relevant loan or lease agreements, which include requirements to provide statement of account letters, authorising information regarding relevant payments giving rise to liens, to be provided directly to the mortgagee by the relevant regulatory authority. To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. 4.17 Is vertical integration permitted between air operators and airports (and, if so, under what conditions)? 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. As outlined in question 1.1 above, this Regulation protects passengers in the event of cancellation or long delay. Heathrow Airport Ltd sought to overturn this in the Supreme Court in October 2020. UK Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. You have rejected additional cookies. Led by the CMA and the courts, the UK will need to develop its own regime in due course with the ability to decide to diverge from those areas where similarities continue to be in place, in particular as regards EU competition law developments and case law. It does allow the exercise of extant (or existing) rights to repossess chattels such as aircraft and aviation assets without the need for a court order, however there are conditions to that and a person seeking to exercise rights on this basis can only do so peaceably and lawfully. 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. Some of these bodies have been approved by the CAA for providing a high standard of dispute resolution for consumer disputes stemming from a contract for aviation services; others will have been approved by other EU Member States. Those Acts do not however apply to a registered mortgage of an aircraft (or aviation asset). 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 UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright. The proposal has made some progress with the CAA providing a written judgment in May 2020 to confirm that there would be no change to the design of flight paths in or out of the airport as a result of the new runway, which would have been an extensive process to undertake. In September 2019, the High Court ruled that South Wales Police were justified in their use of automated facial recognition (AFR) technology (a form of AI) to search for individuals on a watch list that included suspects, missing persons and persons of interest. Proposals to amend Regulation 261 have been under consideration for several years but remain to be finalised. These have defined the relevant market in decisions regarding the aviation sectors as follows: Origin and Destination (O&D) City Pairs. The Transport Act 2000 requires airport operators to keep records of aircraft movements in order to facilitate the assessment and calculation of charges. Neither the EC and the European National Competition authorities (EU regulators) nor the UKs Competition & Markets Authority (CMA) have blocked airline alliances yet, which are usually considered to produce substantial efficiencies and consumer benefits, but have, often following lengthy investigations and negotiations with the parties, required commitments from the parties, to be satisfied that the alliance qualifies for exemption and, in particular, that competition is not significantly affected or eliminated. There is a 500,000 cap on the amount of damages that can be claimed (although this can be waived if agreed by the parties). The coronavirus pandemic will continue to impact the aviation industry, as legislation and regulatory guidance will develop in order to adapt to the new world that we are now facing. 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. as a self-help remedy. 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. 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 GDPR came into force in each Member State on 25 May 2018. No, there are no sector-specific rules applying to aviation. UK EU Transition, and UK Civil Aviation Regulations. General aviation in the United Kingdom encompasses a variety of commercial and non-commercial aviation activities. stamp duty) applicable to the buying and selling (i.e. Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. 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. The concept of force majeure is closely linked to the concept of frustration. These requirements came into force on 30 November 2019 and this registration must be renewed annually. The Intellectual Property Enterprise Court (IPEC) is a specialist court that deals with lower-value or lower-complexity intellectual property disputes. Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 Statutory Instrument No 1895 2007.

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