Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. The ICO issued the first UK enforcement notice under the GDPR in July 2018 on a Canadian data company. Force majeure clauses are designed for an event that may occur out of a partys control and which result in a party no longer being able to perform its obligations under the contract. The public has come to rely on organizations such as the FAA to make decisions concerning equipment and cost which directly impact passenger safety. For more information, please read our cookie policy. A potential mortgagee of a registered aircraft can pre-register a mortgage with the CAA by entering a priority notice, utilising CAA Form CA1330 (obtained from www.caa.co.uk). Again, permission to appeal is required. Speak to our team on 0370 900 0100 from inside the UK, or +44 330 . Nevertheless, limited case law on the subject is exclusively related to real estate (that is, immovable assets) and there is perceived to be little or no risk as a matter of English law to loss of or prejudice to title when aircraft engines are installed on a different airframe. Heathrow Airport Ltd sought to overturn this in the Supreme Court in October 2020. Article 26 and Annex 13 to that Convention make provisions for the investigation of air accidents. The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. Restrictions should be proportionate; and. Londons Stansted had previously been required to hold a licence but since April 2014 the CAA has held that it no longer meets the market power requirements and is no longer required to hold a licence. We use necessary cookies to make our website work. 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. Those Acts do not however apply to a registered mortgage of an aircraft (or aviation asset). 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 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. 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). Such permit will only be granted if the necessary traffic rights exist (under a bilateral international agreement or otherwise), and is also subject to satisfying the Department for Transport of compliance by the operator with administrative requirements relating to the carriers aircraft and its insurance arrangements. 3.3 Which courts are appropriate for aviation disputes? 4.5 Please provide details of the procedure, including time frames for clearance and any costs of notifications. The definition of a serious irregularity includes exceeding the arbitrators powers, failure to comply with the general duties imposed on the arbitrator or failure to deal with all the issues. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. Civil Aviation Authority Regulations 1991 Statutory Instrument No 1672 1991. 40,000, where the UK turnover is less than 20 million; 80,000, where the UK turnover is between 20 million and 70 million; 120,000, where the UK turnover is between 70 million and 120 million; and. If national air quality objectives are not likely to be met in an area, the local authority must declare it an Air Quality Management Area and then take active steps to improve air quality in that area. More complex or valuable cases will be heard in the Chancery Division of the High Court. 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. Aviation regulatory agencies are one response to the social and environmental dilemmas posed by aviation technologies. As with its EU neighbours, legislation is a mix of local law, international treaties and EU Regulations and Directives. K&L Gates LLP, Alan D. Meneghetti Pursuant to Part 1 Article 5(1), only the following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the United Kingdom or a share in such an aircraft: (a) the Crown in right of HM Government in the United Kingdom and the Crown in right of the Scottish Administration; (e) bodies incorporated in some part of the Commonwealth and having their principal place of business in any part of the Commonwealth; (f) undertakings formed in accordance with the law of an EEA State which have their registered office, central administration or principal place of business within the EEA; or. 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. However, it often provides non-conclusive prima facie evidence. an injunction order to prevent the other party from doing something until final judgment is reached; and. 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. For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). In these circumstances, the mortgagee or the lessor (as the case may be) will be required to provide a cross-indemnity for any third-party claims arising from a sudden detention of the aircraft (not, however, in favour of the relevant mortgagor, lessee or operator of the relevant aircraft, on the basis that it is assumed that an appropriate indemnity from such party has already been given in respect of, among other things, losses arising from the repossession of the relevant aircraft following a default). 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. 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. The United Kingdom was a signatory to the Chicago Convention in 1944 and it was ratified on 1 March 1947 prior to its effective date of 4 April 1947. 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). Whilst the regulator is the same in all three cases, there are different regulations and standards which have to be adhered to by operators in these different sectors. Some types of aviation contracts, such as operating leases and aircraft charter agreements, are more likely to contain force majeure clauses. Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? Do you need help getting a refund? 1.8 Do the airports impose requirements on carriers flying to and from the airports in your jurisdiction? We use some essential cookies to make this website work. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). If the CMA believes that a merger has resulted or may be expected to result in a substantial lessening of competition, and satisfactory undertakings cannot be agreed with the parties, the CMA will evaluate the competitive effects of the merger and may, where it believes the merger has or may result in a substantial lessening of competition in the UK market, refer the merger for an in-depth Phase 2 investigation. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. 866.835.5322 (866-TELL-FAA) Contact Us. The Air Passenger Rights and Air Travel Organisers Licencing (Amendment) (EU Exit) Regulations 2019 will directly transpose Regulation 261 into English law. The more usual course of action from a practical point of view is therefore to obtain a court order notwithstanding the rest. 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. The CAA regulates all aviation activity (apart from military). Furthermore, there is a new accountability principle in the GDPR which specifically requires data controllers and processors to take responsibility for complying with the principles and to have appropriate processes and records in place to demonstrate that they comply. (d) it would not be in the public interest for the aircraft to be, or to continue to be, registered in the United Kingdom. UK Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. The standby runway would not be lengthened so it could not be used for long-haul flights, according to the plan. 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. You have accepted additional cookies. These requirements came into force on 30 November 2019 and this registration must be renewed annually. A change in circumstances has occurred after the contract was formed. 4.13 Are the airport authorities governed by particular legislation? They are privately owned. For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. The fees payable are, since August 2012: A merger fee is not payable if the merger involves the acquisition of an interest that is less than a controlling interest and the CMA has investigated the acquisition on its own initiative. 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). A party may appeal to the High Court on a question of law arising out of the arbitral award. As a general rule, an arbitrator has the same powers as any court, and an arbitral tribunals decision is binding. This has an impact on carriers, as it has a scope which extends beyond the traditional holiday package booked through a tour operator, and covers many other forms of combined travel (for example, fly-drive holidays and flight-hotel bookings). The requirement for improvement is now uncertain under English law. 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. Dont worry we wont send you spam or share your email address with anyone. There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. Professional associations also act to regulate their memberships. Databases may be protected by copyright and/or database rights. There is a small claims track within the IPEC which is appropriate if the claim has a value of 10,000 or less. 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). Drone-related offences are punishable by up to five years imprisonment. In certain respects, the CAA acts for EASA in the UK. Fields marked with an asterisk (*) are required. This is an FTP system which is delivered and maintained exclusively by the Met Office. 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? Parties now also need to ensure that their agreement satisfies the exemption criteria of section 9 CA 1998 and (save for where the agreement relates to wholly-UK matters only) Article 101(3) TFEU, on which section 9 is closely based. UK - EU Transition, and UK Civil Aviation Regulations To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. In Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454, the English Court of Appeal detailed how Regulation 261 claims will operate in the UK following Brexit. Further guidance on the requirements for registration of aircraft on the United Kingdom Register of Civil Aircraft is available at www.caa.co.uk. The most notable recent example occurred at Gatwick in December 2018 when drone sightings caused the cancellation or diversion of around 1,000 flights in the space of 36 hours, affecting over 140,000 passengers. However, there is often a provision for the contractual obligations to be terminated if a force majeure event continues for a certain amount of time. As regards the lessor of an aircraft registered with the CAA, theoretically it is permitted to take enforcement action to repossess the aircraft following a default by the lessee concerned on the relevant lease terms, without enforcing through the courts, i.e. The limits of liability for air carriers pursuant to the Montreal Convention have been subsequently amended by way of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009. The Court analysed the position under English law and overruled the defendants submission that Lipton v BA City Flyer was wrongly decided insofar as claims decided after the end of the transition period should be decided on the basis of Regulation 261 as amended by the 2019 Amendment Regulations. Community Air Carrier Liability Order 2004 Statutory Instrument No 1418 2004. The UK is a party to the Chicago Convention 1944. In June 2018, Parliament approved the plans for the third runway at Heathrow. 3280, paragraph 158 (j); Lufthansa/SNAirholdings, Case COMP/M. First and Business Class ticket passengers are less price-sensitive than Economy ticket users. At the national level, codeshare cases were investigated by the Italian National Competition Authority (see the Alitalia/Volare case and the Alitalia/Meridiana case). The headquarter is in Montreal, Canada, and there are 7 regional offices. A fee is payable to the CMA in respect of relevant merger situations. 5.1 In your opinion, which pending legislative or regulatory changes (if any), or potential developments affecting the aviation industry more generally in your jurisdiction, are likely to feature or be worthy of attention in the next two years or so? 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). [1] The CAA has been a public corporation of the Department for Transport since then. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). Broadly, the DPA 2018 applies to the processing (such as obtaining, recording, holding, using, disclosing or erasing) of personal data. any rights and interests existing prior to ratification of the CTC will retain their priority without the need for registration. On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. Another important source of law is European legislation, which has direct application in the UK concerning safety aspects of aircraft, operators, maintenance and design organisations, and personnel in commercial transport. 1 Answer. If the relevant mortgagor is a company registered in England and Wales, in order to obtain all the protections conventionally afforded to a mortgagee, it will be necessary to also register the relevant mortgage at Companies House pursuant to the provisions of the Companies Act 2006, as it will become void against an appointed insolvency agent of the mortgagor (whether an administrator, a liquidator or a secured creditor).