It is also worth noting that by adopting the Alternative A insolvency regime (with a 60-day waiting period for the asset to be returned to the creditor), the UK has furthermore decided to grant additional protection to financiers and lessors in a debtor insolvency scenario. Remedies vary depending on the nature of the dispute. The EC based their decision on the fact that the Code no longer reflects market reality and that it may be revised in the future. Ipeco Holdings Limited, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, Thank you very much for sending me the above mentioned book (Litigation & Dispute Resolution). Liens are not registrable. national laws in relation to how airspace is managed, together with additional legislation around noise which apply to nationally designated airports; various European Directives and Regulations which were incorporated into the UKs legislative framework by the Withdrawal Act of 2018; and, there is a degree of complexity of the facts, legal issues, remedies or procedures involved; and/or. Interestingly, the coronavirus pandemic is thought to have encouraged this new proposal, as there have been calls to reform air traffic management in order to make it easier to adapt traffic capacities in accordance with demand (or a lack of, as has been the case during the pandemic). For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). The relevant market may vary according to the type of passengers: premium and non-premium passengers; or time-sensitive and non-time-sensitive passengers. Under the UK GDPR there is now a mandatory obligation for an airline to notify the Information Commissioners Office (ICO the regulatory body in charge of the DPA) of a data breach under Article 33. 4.11 Is there any legislation governing the denial of boarding rights and/or cancelled flights? Some of these bodies have been approved by the CAA for providing a high standard of dispute resolution for consumer disputes stemming from a contract for aviation services; others will have been approved by other EU Member States. 3.3 Which courts are appropriate for aviation disputes? 3770, paragraph 196). Philip Perrotta the meaning and effect of Regulation 261 is determined by reference to European case law made before 31 December 2020, but the English courts are able to depart from retained CJEU case law and general principles where they consider it appropriate to do so. The Department for Transport (in exercising the authority of the Secretary of State for Transport) is the governmental body responsible for civil aviation. The court will serve the claim form (subject to certain exceptions, for example, where the claimant has notified the court that the claimant wishes to serve it). The Court of Appeal found that availability of airline crew was inherent in the airlines operations and absence for sickness, regardless of whether that occurred before or whilst on duty, did not amount to an extraordinary circumstance. No. To help us improve GOV.UK, wed like to know more about your visit today. The CAA maintains the United Kingdom Aircraft Mortgage Register (pursuant to the Mortgaging of Aircraft Order 1972). It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. In the event that the defendant is established out of the jurisdiction, the court may permit a claim form to be served on the defendants agent provided that an agent for service of process has been appointed and that agents authority has not been terminated. Whilst the regulator is the same in all three cases, there are different regulations and standards which have to be adhered to by operators in these different sectors. It was replaced by the European Aviation Safety Agency and disbanded in 2009. 4.13 Are the airport authorities governed by particular legislation? A further 6 million was removed due to British Airways response to the breach, and a 4 million reduction due to the ICOs updated regulatory approach in response to coronavirus, which aims to take into consideration the impact of the coronavirus pandemic and the present economic situation on the economic situation on the organisation. 2.7 How are the Conventions applied in your jurisdiction? The delay therefore occurred wholly outside the UK. This is a consideration in light of the pandemic, as it is unknown how long the impact to the aviation industry will continue, and it may become clearer over time whether parties are able to rely on this. In the wake of recent drone incidents at airports, the UK Government has published amendments to the UK Air Navigation Order 2016 (ANO) so that: (1) Any drone weighing over 250g must be registered with the CAA and labelled with an operator ID. CAA works independently from government. The DPA 2018s jurisdictional scope includes persons who: (b) have an office, branch or agency in the UK; or. Each of the agreements sets out the use of PNR data collected by airlines for law enforcement purposes. We are a public corporation, established by Parliament in 1972 as an independent specialist aviation regulator. As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 . 1.2 What are the steps which air carriers need to take in order to obtain an operating licence? The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. UK legislation is contained in the Civil Aviation Act 1982 and the Air Navigation Order 2009 (as amended). A search of the United Kingdom Aircraft Mortgage Register for entries registered against relevant aircraft can be made by submitting a CAA Form CA350 (obtained from www.caa.co.uk) to the CAA. There is no prohibition of vertical integration between air operators and airports. They did note that if the passenger had displayed this behaviour before or during boarding, it should not be classified as an extraordinary circumstance, as the pilot has authority to refuse a passenger from boarding or to ask them to disembark. Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. What criteria apply to obtaining these subsidies? See, for example, the EU Regulations: 216/2008 (as amended; Basic Regulation); 7/2013 (rules for airworthiness of aircraft and products and certification of design and production organisations); 1321/2014 (continuing airworthiness and approval of involved organisations and personnel); 2015/445 (aircrew); and 859/2009 (EU-OPS operating safety requirements and standards). The CTC entered into force in the United Kingdom and thereby became effective as United Kingdom national law on 1 November 2015 following its ratification on 27 July 2015, as implemented by the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 and several declarations. English law as a rule recognises the concept of accession, which is similar to the nature of an annexation of title, for example by the owner of an aircraft to which an engine owned by another party is affixed. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. Fields marked with an asterisk (*) are required. Among the changes to data protection legislation implemented via the GDPR, some key points include: i) requiring freely given, specific, informed and unambiguous consent from a data subject which must be as easy to withdraw as it is to give; ii) the provision of clear and unambiguous information regarding what the data is to be used for, how long it is to be used for and the requirement to set out exactly what the data subjects rights are in relation to the personal data they provide; iii) maximum fines for breach of the GDPR are the higher of 4% of annual global turnover or 20 million; iv) requiring organisations which engage in regular and systematic monitoring of data subjects on a large scale to appoint a data protection officer (also known as a DPO); and v) the requirement for those processing personal data to be accountable and provide adequate technical and organisational measures to protect any personal data held. In addition, as much of the aviation law in the UK stems from the EU, it will be important to keep a close eye on the development of plans post-Brexit. One of the main reasons for having an aviation regulator is to protect the public from risks they can't reasonably assess or protect themselves from, the impacts of which could be very significant. We are the enforcement body in the UK for the laws that cover air passenger rights when flights are delayed or cancelled, or when passengers are downgraded or denied boarding. DEFRA has the overall responsibility for ensuring local air quality meets European and international standards. the aviation industry manages security risks effectively. 3.5 What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis? Nevertheless, in practice, it is generally advisable for the lessor or the mortgagee of a relevant aircraft registered with the CAA to pursue an application for repossession of the aircraft in court, particularly if there is any question as to whether a default has actually occurred and/or the relevant mortgagor or lessee of the aircraft concerned resists or is likely to resist repossession. To an alternate dispute resolution (ADR) body If the airline or airport does not have an agreement with an ADR, you can refer your complaint to the CAA Or take direct legal action For a visual representation of this process, see our process diagram. The initiative, which was launched in 2004, seeks to improve the European air traffic management system in order to reform the European airspace, from a perspective of capacity, efficiency and environmental impact. The Joint Aviation Authorities (JAA) was founded in 1970, for cooperation between European CAAs. Assistance of the local police is routinely available to AAIB investigators to secure an accident site. This certificate testifies that the type of aircraft meets the safety requirements set by the European Union. The Civil Aviation Act 2012 has introduced a new system of economic regulation of airport operators. The CAA implements the ICAO SARPs in national legislation and is responsible for regulatory oversight. We work with governments, regulators and legislators to promote the interests of UK airlines, and with organisations across the sector to encourage long-term and sustainable growth in aviation. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. In October 2018, London Gatwick, the UKs second-busiest airport, published proposals to move its standby runway to use it for short-haul flights by the mid-2020s. [2] The Air Registration Board became the Airworthiness Division of the Authority. The Court held that the claimant was entitled to compensation. Consumer rights legislation will continue to strengthen in the UK as a result of the Consumer Rights Act 2015 and the ever-present bolstering of Regulation 261, primarily by the CJEUs interpretation of the Regulation, as now clarified to an extent by the 2016 Interpretative Guidelines, but also in relation to a revision to the Regulation (which remains to be agreed). The relevant aircraft mortgage, once registered with the CAA, will then take its priority from the date of registration of the original priority notice. (h) claim compensation for damage caused by a breach of the DPA 2018. In addition, on 27 October 2016 the Commission closed an investigation it had opened in February 2011 on free-flow parallel hub-to-hub codeshare arrangements between Lufthansa and Turkish Airlines, finding: that Lufthansa and Turkish Airlines did not have full marketing rights to each others seat inventory; that they applied differing pricing strategies; and that the codeshare accounted for only a marginal share of the parties sales on the relevant routes. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. The EU is now pushing ahead with a new proposal being made by the EC on 22 September 2020 for the Single European Sky initiative. Any dispute as to its implementation by the United Kingdom would be heard through the International Court of Justice. Delivering unique value It constitutes notice of the relevant mortgage being given to all relevant third parties, and all persons are thereby deemed to have express notice of all of the details appearing in the United Kingdom Aircraft Mortgage Register. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). The public has come to rely on organizations such as the FAA to make decisions concerning equipment and cost which directly impact passenger safety. The airport operator is responsible for ensuring that the landing ground and runway remain clear of unmarked and unlit obstructions pursuant to the Air Navigation (Consolidation) Order 1923. Civil disputes concerning personal injury or property damage may be pursued in the Queens Bench Division of the High Court or in the County Court in accordance with the criteria summarised below. Aviation Law > Before a newly developed aircraft model may enter into operation, it must obtain a type certificate from the responsible aviation regulatory authority. Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 Statutory Instrument No 3556 2007. its principal place of business is located in the Member State whose competent licensing authority is to grant the operating licence; for an operator having its principal place of business in the UK, the CAA is the competent authority; it holds a valid air operator certificate issued by a national authority of the same Member State; it has one or more aircraft at its disposal through ownership or a dry lease agreement; its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft; its company structure allows the competent licensing authority to implement the relevant provisions of the Regulation; Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the European Community is a party; it meets the financial conditions specified in Article 5 of the Regulation; it complies with the insurance requirements specified in Article 11 of the Regulation and in EU Regulation 785/2004; and. Operation of Air Services in the Community Regulations 2009 Statutory Instrument No 41 2009. Force majeure clauses are designed for an event that may occur out of a partys control and which result in a party no longer being able to perform its obligations under the contract. The Civil Aviation Act 1982 provides for a salvage lien on an aircraft where any services are rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in or over the sea or any tidal water, or on or over the shores or any tidal waters, according to the national and international regulatory framework of the law of maritime salvage. The headquarter is in Montreal, Canada, and there are 7 regional offices. The Civil Aviation Act 1982 and the Air Navigation Order 2009 stipulate that where an aerodrome is open for public use, the aerodrome must be available to all, on equal terms, whether they are foreign or domestic carriers. Dont include personal or financial information like your National Insurance number or credit card details. They are privately owned. Some intellectual property disputes may be heard initially by the IPO. In September 2019, the High Court ruled that South Wales Police were justified in their use of automated facial recognition (AFR) technology (a form of AI) to search for individuals on a watch list that included suspects, missing persons and persons of interest. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). Users of airports are subject to airport charges, which are regulated by the CAA under the Civil Aviation Act 2012 and the Airport Charges Regulation 2011. The airline sought to defend a claim for compensation for delay on the basis that the Captain was unexpectedly unwell and this amounted to extraordinary circumstances. This will depend entirely on the CTC and its requirements in the case of an aircraft, debtor location or aircraft registration in a CTC country (and compliance with the formalities set out in Article 7 of the CTC), and an aircraft mortgagee may be able to rely on the rights and remedies available under the CTC for such international interest in the relevant aircraft. Databases may be protected by copyright and/or database rights. Most destinations still require a negative coronavirus test result to be produced before flying or upon arrival, and it remains to be seen how long this guidance will be in place. It should be noted, however, that this priority position of an aircraft mortgage is nevertheless subject to certain other in rem rights (liens) of third parties to retain or detain the relevant aircraft until a claim for payment (e.g. where the value of the turnover in the UK of the enterprise being taken over exceeds 70 million. A CAA is a national regulatory body responsible for aviation. The EC considers that Business and First Class tickets on one hand, and Economy on the other, are two different product markets. as a self-help remedy. EU regulators (and therefore in all likelihood the UK competition authorities at the present time) consider that the degree of competitive constraint imposed by one-stop services varies according to the route and assesses the precise impact of competing one-stop flights on the parties joint venture on a route-by-route basis. The UK GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. These forms of combined travel are protected as a package under the Directive; in particular, where the travel services are booked at the same time and as part of the same booking process or where they are offered for an inclusive price. 4.10 What are the mechanisms available for the protection of intellectual property (e.g. Similarly, the principle for international transfers of personal data previously contained in the DPA 1998 is now dealt with separately in Chapter V of the GDPR. 2.6 Is your jurisdiction a signatory to the main international Conventions (Montreal, Geneva and Cape Town)? Conditions of use are imposed, as well as charges. Nevertheless, limited case law on the subject is exclusively related to real estate (that is, immovable assets) and there is perceived to be little or no risk as a matter of English law to loss of or prejudice to title when aircraft engines are installed on a different airframe. An aircraft mortgage registered on the United Kingdom Aircraft Mortgage Register will take priority over all other non-registered or subsequently registered mortgages. Air Canada submitted that Regulation 261 was extra-territorial in effect and that the EU did not have jurisdictional competence in relation to flights taking place wholly outside the EU. Under Part 1 Article 5(4) of the Air Navigation Order 2009, if an aircraft is chartered by demise to a person qualified under paragraph (1), the CAA may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the United Kingdom in the name of the charterer by demise if it is satisfied that the aircraft may otherwise be properly registered. Nevertheless, for the time being the United Kingdom is signatory to a number of Double Tax Treaties with other nations, the effect of which varies but which typically reduces the rate of withholding taxes payable in various jurisdictions of tax residency on outbound operating lease and finance lease rentals, as well as loan repayment interest, connected with the financing of aircraft assets. UK - EU Transition, and UK Civil Aviation Regulations. In addition, and by way of further potential protections, if it can be demonstrated to the court that a risk exists or that the relevant aircraft is treated in a way which frustrates the rights of a mortgagee or lessor (for example, removal by an operator of the aircraft from the jurisdiction or by a clear and material degradation of the condition of the aircraft in the circumstances), it is possible to apply to the court, on an expedited basis, for an interim injunction ordering detention of the aircraft by the mortgagor/lessee until judgment regarding repossession of the aircraft has been given by the court. Gatwick has confirmed that the second runway still forms part of its long-term recovery plans despite the impact of the coronavirus pandemic on aviation and travel and, at the time of writing, Gatwicks plans are at the stage of public consultation, which was scheduled to close on 1 December 2021. The UK implements the relevant requirements by way of the legislation discussed below. The EASA is a EU agency and applies to all of EU, very similar to how the FAA is a US agency that applies to all of the US. In addition, while aircraft engines are not capable of being registered (and thereby providing constructive notice of ownership to third parties) in the United Kingdom, ratification of the Cape Town Convention (CTC) affords the opportunity for engine owners and financiers to register an international interest in the asset with the International Registry of Mobile Assets. The waiting time for a decision will be greater if the CMA has serious concerns or if undertakings by the parties to address competition difficulties have to be explored.