Search Legislation

The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018

Changes over time for: The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (without Schedules)

 Help about opening options

Alternative versions:

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1 U.K.Introduction

Citation and commencementU.K.

1.—(1) These Regulations may be cited as the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018.

(2) Subject to paragraph (3), these Regulations come into force on exit day.

(3) This regulation, paragraphs 9(c) and 17 of Schedule 1 and regulation 4, in so far as it relates to those paragraphs, come into force on the 22nd day after the day on which these Regulations are made.

PART 2 U.K.Amendment of primary legislation

Amendment of the Civil Aviation Act 1982U.K.

2.—(1) The Civil Aviation Act 1982 M1 is amended as follows.

(2) In section 69A M2

(a)in subsection (2)—

(i)for “Community air carrier” substitute “ UK air carrier ”,

(ii)in paragraph (c) omit “and”, and

(iii)omit paragraph (d);

(b)in subsection (3), for “the exercise of those traffic rights” substitute “ the carriage for reward of passengers or cargo on a route ”;

(c)in subsection (5)—

(i)for “an authority in any EEA State or Switzerland” substitute “ the CAA ”, and

(ii)for “that authority” substitute “ the CAA ”; and

(d)in subsection (8)—

(i)for “Community air carrier” substitute “ UK air carrier ”, and

(ii)for “in any EEA State or Switzerland” substitute “ by the CAA ”.

(3) In section 105(1) M3 omit the definitions of “EEA Agreement” and “EEA State”.

Commencement Information

I1Reg. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2Section 69A was inserted by S.I. 1992/2992. Subsections (2), (3) and (5) were amended by S.I.s 2004/1526 and 2009/41. There are other amendments but none is relevant.

M3Section 105(1) was amended by S.I. 1994/1732 to insert the definitions of “EEA Agreement” and “EEA State”. There are other amendments but none is relevant.

PART 3 U.K.Amendment of subordinate legislation

Amendment of the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007U.K.

3.—(1) Regulation 2 of the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 M4 is amended as follows.

(2) In the definition of “air service agreement”—

(a)for “a third country” substitute “ another country ”; and

(b)omit the words from “which is described” to the end.

(3) For the definition of “qualifying carrier” substitute—

qualifying carrier”, in relation to a capacity constrained route, means—

(a)an undertaking which has been granted an air transport licence in accordance with section 65 of the Act,

(b)a UK air carrier as defined in section 69A(8) of the Act, or

(c)any other air carrier authorised in accordance with an air service agreement to operate services on that route as an airline of the United Kingdom;.

(4) Omit the definition of “third country”.

Commencement Information

I2Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

Amendment of the Operation of Air Services in the Community Regulations 2009U.K.

4.  The Operation of Air Services in the Community Regulations 2009 M5 are amended in accordance with Schedule 1.

Commencement Information

I3Reg. 4 in force for specified purposes on 9.1.2019 and in force otherwise on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(3)

Marginal Citations

M5S.I. 2009/41, amended by S.I. 2009/3015, S.I. 2011/1043 and S.I. 2013/486.

Amendment of the Operation of Air Services in the Community (Pricing etc.) Regulations 2013U.K.

5.—(1) The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 M6 are amended as follows.

(2) In the title and in regulation 1 omit “in the Community”.

(3) Omit regulation 28.

Commencement Information

I4Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

Amendment of the Air Navigation Order 2016U.K.

6.—(1) The Air Navigation Order 2016 M7 is amended as follows.

(2) Omit article 250(6)(a).

(3) In article 252—

(a)in the heading, for “an EEA state” substitute “ the United Kingdom ”; and

(b)omit paragraph (2)(a).

(4) In article 260(2), for “a country which is outside the European Economic Area” substitute “ another country ”.

(5) In the entry for Article 252, in the table in Schedule 13, Part 3, Chapter 1, for “an EEA state” substitute “ the United Kingdom ”.

Commencement Information

I5Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M7S.I. 2016/765, to which there are amendments not relevant to these Regulations.

PART 4 U.K.Amendment and revocation of retained direct EU legislation

Amendment of Regulation (EC) No 1008/2008U.K.

7.  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community is amended in accordance with Schedule 2.

Commencement Information

I6Reg. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Revocation of Regulation (EC) No 847/2004U.K.

8.  Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29th April 2004 on the negotiation and implementation of air services agreements between Member States and third countries is revoked.

Commencement Information

I7Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 5 U.K.Amendment of the Annexes to the EEA Agreement

Amendment of Annex XIII to the EEA AgreementU.K.

[F19.  In paragraph 64a of Annex XIII to the EEA Agreement, omit the words from “The provisions of the Regulation shall” to the end.]

Textual Amendments

Commencement Information

I8Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

PART 6 U.K.Transitional and savings arrangements

Operating licences: transitional and savings arrangementsU.K.

10.—(1) Any operating licence which, by virtue of paragraph 37 of Schedule 8 to the European Union (Withdrawal) Act 2018 (continuity of existing acts etc.), would otherwise continue to be valid on and after [F2IP completion day], ceases to be valid on [F2IP completion day] if it was not granted by the Civil Aviation Authority.

(2) In this regulation, “operating licence” has the meaning given in Regulation (EC) 1008/2008 M8 of the European Parliament and of the Council on common rules for the operation of air services in the Community EU, as it has effect in EU law.

Textual Amendments

F2Words in reg. 10(1) substituted (31.12.2020 immediately before IP completion day) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(3), 86(2)

Commencement Information

I9Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M8OJ No L 293, 31.10.2008, p.3.

Signed by authority of the Secretary of State for Transport

Sugg

Parliamentary Under Secretary of State

Department for Transport

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources