Statutory Instruments
Civil Aviation
Made
9th February 2022
Coming into force
10th February 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 19A(3) of the Transport Act 2000(1).
In accordance with section 103(6) of that Act(2), a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
1.—(1) These Regulations may be cited as the Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022 and they come into force on the day after the day on which they are made.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
2.—(1) For the purposes of section 19A(3) of the Transport Act 2000, a prescribed aerodrome is an aerodrome in receipt of an approach control service provided under a licence granted pursuant to section 6 of that Act.
(2) In this regulation, “approach control service” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016(3).
Signed by the authority of the Secretary of State for Transport
Robert Courts
Parliamentary Under Secretary of State
Department for Transport
9th February 2022
(This note is not part of the Regulations)
Under section 19A(1) of the Transport Act 2000 (“the Act”), an appeal lies to the Competition and Markets Authority against a decision by the Civil Aviation Authority under section 11(1) of the Act to modify a licence condition, in a licence to provide air traffic services.
Section 19A(2) of the Act sets out the persons who may bring such appeals. These include an owner or manager of a prescribed aerodrome whose interests are materially affected by the decision.
“Prescribed aerodrome” is defined in section 19A(3) as an aerodrome of a description prescribed by regulations made by the Secretary of State. These Regulations prescribe a description of aerodromes for the purposes of section 19A(3).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum has been published alongside these Regulations on the UK legislation website at www.legislation.gov.uk.
2000 c. 38; section 19A was inserted by Schedule 3 to the Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12).
Section 103 was amended by paragraph 9 of Schedule 7 to the Air Traffic Management and Unmanned Aircraft Act 2021.
S.I. 2016/765, to which there are amendments not relevant to these Regulations.