The Airports Slot Allocation Regulations 2006

UK Statutory Instrument 2006 No. 2665 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 5 October 2006
In force from: 1 January 2007
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations replace the Airports Slot Allocation Regulations 1993, which require extensive amendment in consequence of changes made to Council Regulation (EEC) No. 95/93 by Council Regulation (EC) No. 793/2004. Regulation 3 provides that an airport formerly designated as coordinated or fully coordinated is to be treated as if it had been designated as, respectively, schedules facilitated or coordinated. It also implements Article 3(3) of the council regulation by requiring a capacity analysis to be conducted at other airports in specified circumstances. Regulation 4 implements Articles 4(1) and 4(2) of the council regulation by requiring the appointment of schedules facilitators or coordinators and sets out the conditions to be complied with in respect of appointments. It provides that any person previously appointed as a coordinator for an airport formerly designated as coordinated shall be treated as if he had been appointed as a schedules facilitator for that airport. Similarly, any person previously appointed as a coordinator for an airport formerly designated as fully coordinated shall be treated as if he had been appointed as a coordinator for that airport. This regulation maintains existing criminal offences in respect of unauthorised persons who act in either capacity. Regulation 5 implements Article 5 of the council regulation by requiring the operators of coordinated airports to establish coordination committees. Regulation 6 implements Article 6(1) of the council regulation by requiring the operators of coordinated airports to determine slot allocation parameters biannually. Regulation 7 implements Article 7(1) of the council regulation by permitting a coordinator or a schedules facilitator to impose financial penalties on persons who fail to comply with their obligations under that Article to provide information. Breach of the original Article 7 was previously a criminal offence. Regulation 8 implements Article 8(5) of the council regulation by requiring the operators of coordinated airports and coordinators to notify the Secretary of State of local guidelines and rules which require to be notified to the European Commission. Regulation 9 maintains the existing criminal offence in respect of slot transfers which breach Article 8a of the council regulation. Regulation 10 implements Article 9(1) of the council regulation by requiring coordinators to comply with slot reservations made for the purpose of public service obligations. Regulation 11 implements Article 10(9) of the council regulation by requiring the operators of coordinated airports to convene a meeting of the local coordination committee in certain circumstances. Regulation 12 implements Article 11(2) of the council regulation by protecting coordinators and schedules facilitators from civil claims, except in cases of gross negligence or wilful default Regulation 13 implements Article 12(1) of the council regulation by requiring that coordinators and air carriers observe any measures that the Secretary of State is required to take by the European Commission. Regulation 14 implements Article 14(5) of the council regulation by prohibiting the misuse of slots at coordinated airports. The council regulation does not require an equivalent prohibition in the case of schedules facilitated airports. Regulation 15 gives power to a coordinator to issue directions in order to secure compliance with Regulation 14. Regulation 16 permits a coordinator to impose non-criminal sanctions in the form of financial penalties. Regulation 17 establishes an enforcement procedure with which a coordinator or schedules facilitator must comply. Regulation 18 obliges a coordinator or schedules facilitator to adopt an enforcement code and makes provision as to its content, amendment, revocation or modification. Regulation 19 makes provision for the appointment of an independent reviewer to whom enforcement decisions of a coordinator or schedules facilitator may be appealed. Regulation 20 maintains the existing penalties for existing criminal offences. Regulation 21 permits notices to be served either by traditional means or by electronic communications. Regulation 22 revokes the Airports Slot Allocation Regulations 1993 and subsequent amending Regulations. A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, 76 Marsham Street, London SW1P 4DR. Alternatively, copies may be obtained from the Department for Transport’s website which is at www.dft.gov.uk.

Offences created by this instrument

Where a limited partnership is guilty of an offence under these Regulations and that offence is proved to have been… regulation 20(4) · Status not determined · Strict liability
The schedules facilitator and the coordinator regulation 4(12) · Status not determined · Strict liability
Slot mobility regulation 9 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Civil Aviation Bill Lords · Lords Chamber · 13 June 2012 · Earl Attlee
My Lords, the noble Countess will recognise that these are complex matters. I will write to her on all the points she raised. The noble Lord, Lord Soley, asked if the Bill will cover military airports and whether they could be exempted under Clause 77. In certain circumstances, military airports can be exempted from economic regulation under Chapter 1 and Clause 77. My noble friend Lord Bradshaw was concerned about the market power test set out in Clause 6. His specific concern was that unless an airport operator has market power, it should not be regulated. I would like to reassure my noble…
Draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 28 January 2019 · The Minister of State, Department for Transport (Jesse Norman)
I beg to move, That the Committee has considered the draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019. It is a great pleasure to serve under your chairmanship, Sir David. The draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal in March. As with several other statutory instruments, it is a small and technical, but important, piece of legislation. As hon. Members are aware, the Government remain committed to leaving the EU with a deal that has been…
Air Services (Competition) (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 12 February 2019 · The Parliamentary Under-Secretary of State, Department for Transport (Baroness Sugg) (Con)
My Lords, if it is convenient, I will speak to both the Air Services (Competition) (Amendment) EU Exit Regulations 2019 and the Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019. These instruments will both be made using powers in the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal. The two draft instruments will correct the following retained EU regulations: Regulation 868/2004, which is intended to provide protection for Community air carriers against injury caused by subsidisation and unfair pricing practices…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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