The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

Article 7 of Regulation (EC) No 551/2004

51.—(1) Article 7 (flexible use of airspace) is amended as follows.

(2) In paragraph 1—

(a) for “their responsibility” substitute “the responsibility of the Secretary of State”,

(b) for “Member States” substitute “the persons mentioned in paragraph 1A”,

(c) for “Single European Sky” substitute “UK ATMS”, and

(d) omit “in the context of the common transport policy”.

(3) After that paragraph insert—

“1A.   Those persons are:

(a) any air navigation service provider,

(b) the national supervisory authority, and

(c) the Secretary of State.”.

(4) In paragraph 2—

(a) for “Member States” substitute “The national supervisory authority”,

(b) for “Commission” substitute “Secretary of State”,

(c) omit “, in the context of the common transport policy,”, and

(d) for “their responsibility” substitute “the responsibility of the United Kingdom”.

(5) For paragraph 3 substitute—

“3.   The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace.

4.   When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2.

5.   Regulations under paragraph 3—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

6.   A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament..”.