CHAPTER IIAIRSPACE ARCHITECTURE
F1Article 2F1Division level
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Article 3 European Upper Flight Information Region (EUIR)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Article 3aElectronic aeronautical information
1.
F4The national supervisory authority, working in consultation with Eurocontrol, shall ensure the availability of electronic aeronautical information of high quality, presented in a harmonised way and serving the requirements of all relevant users in terms of data quality and timeliness.
2.
For the purpose of paragraph 1, the F5national supervisory authority shall:
(a)
F6contribute to the development of an aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information;
(b)
support the modernisation and harmonisation of the provision of aeronautical information in its broadest sense in F7consultation with Eurocontrol and the ICAO.
F83.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Article 4Rules of the air and airspace classification
F101.
F132.
Regulations under paragraph 1—
(a)
may make different provision for different purposes;
(b)
may make transitional, transitory or saving provision;
(c)
may make consequential, incidental or supplementary provision.
3.
A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
F1Article 5F1Reconfiguration of the upper airspace
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Article 6Network management and design
F141.
The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.
2.
The air traffic management (ATM) network functions are—
(a)
the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time,
(b)
additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and
(c)
functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.
F143.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
F15The Secretary of State shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements.
7.
F16The Secretary of State may by regulations made by statutory instrument make provision about air traffic flow management, including the necessary oversight arrangements, F17... with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. F18Regulations under this paragraph shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.
8.
F19Regulations under paragraph 7 shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:
(a)
flight planning;
(b)
use of available airspace capacity during all phases of flight, including slot assignment; and
(c)
use of routings by general air traffic, including:
the creation of a single publication for route and traffic orientation,
options for diversion of general air traffic from congested areas, and
priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis.
9.
When developing and adopting F20regulations under paragraph 7 the Secretary of State shall, as appropriate and without prejudice to safety, take into account consistency between flight plans and airport slots and the necessary coordination with adjacent regions.
F2110.
Regulations under paragraph 1 or 7—
(a)
may make different provision for different purposes;
(b)
may make transitional, transitory or saving provision;
(c)
may make consequential, incidental or supplementary provision.
11.
A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.