EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. The Regulations make amendments to legislation in the field of civil aviation.
Part 2 amends the Airports Act 1986 (c. 31) and the Civil Aviation Act 2012 (c. 19) to ensure that they continue to operate effectively after exit day. References to an “EU obligation” are replaced with references to a “retained EU obligation”. A definition of “retained EU obligation” was inserted into Schedule 1 to the Interpretation Act 1978 (c. 30) by the 2018 Act. Regulation 3(3)(b) omits a reference to assisting the European Commission with the exercise of its competition functions, which will cease to be applicable after exit day.
Part 3 amends two previous statutory instruments, both of which were made in consequence of the United Kingdom’s exit from the European Union, to correct defects in those instruments and to respond to a change in EU law which has come into force after the making of those instruments.
Regulation 4 amends the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080). Those Regulations amend retained EU law, including updating a reference to Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, to Regulation (EU) No 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. However they omitted to correct the corresponding Article number and to omit wording which will be inapplicable after exit day. Regulation 4 addresses those omissions.
Regulation 5 makes amendments to the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392). Those Regulations make a number of amendments to retained EU law but two errors were subsequently identified in those amendments. This instrument corrects those errors. In addition a change to the retained EU law, made at an EU level, came into force subsequent to the making of the 2018 Regulations. This instrument amends the new provision in the retained EU law to ensure that it operates effectively after exit day.
Part 4 amends retained direct EU legislation. Regulation 6 corrects Annex XIII to the EEA Agreement to remove references to aviation safety legislation which will no longer be required from exit day should the United Kingdom cease to be a part of a common aviation system with the EU. Regulation 7 revokes Commission Regulation (EC) No 351/2008 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the prioritisation of ramp inspections on aircraft using Community airports, as it will not be required after exit day. Regulation 8 makes corrections to Commission Regulation (EU) No 1332/2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance.
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 and is available with these Regulations on www.legislation.gov.uk.