A data processor is a person who processes data on behalf of the data controller. 3.7 What rights exist generally in law in relation to unforeseen events which might enable a party to an agreement to suspend or even terminate contractual obligations (in particular payment) to its contract counterparties due to force majeure or frustration or any similar doctrine or concept? UK EU Transition, and UK Civil Aviation Regulations. 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). The judgment provides much-needed clarity on which contractual wording covers losses resulting from the pandemic. 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? Subject to the above, pursuit of a claim in the High Court is appropriate where: A case may be started in the Commercial Court only if it fulfils the characteristics of a commercial claim; namely any claim arising out of the transaction of trade and commerce, including any claim relating to a business document or contract, the export or import of goods or the carriage of goods by land, sea, air or pipeline. Liens are not registrable. The Civil Aviation Act 2012 has introduced a new system of economic regulation of airport operators. UK recognised Aviation Inspection Bodies - GOV.UK This avoids additional administrative hurdles resulting from the ratification of the CTC, but at the same time means that it is not possible to register such pre-existing interests. There is no right of appeal to the courts on a question of fact. There is no domestic legislation prohibiting the detention of commercial transport aircraft. In Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454, the English Court of Appeal detailed how Regulation 261 claims will operate in the UK following Brexit. 1.9 What legislative and/or regulatory regime applies to air accidents? Restrictions should be proportionate; and. 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. No. 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. The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). Several different international and UK Government bodies have a role in the environmental regulation of aviation in the UK. Permission to appeal will only be given where the court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard. The Court will only intervene if the arbitrators decision is obviously wrong or the question is one of general public importance and the decision of the tribunal is at least open to serious doubt. The Air Accidents Investigations Branch (AAIB) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). An unpaid seller in possession of the aircraft may retain possession of the aircraft until payment is received (Sale of Goods Act 1979). UK competition law in its own right reproduces in virtually identical form EU competition law and systems of competition law enforcement, sections 2 and 9 of the UK Competition Act 1998 (CA 1998) setting out provisions similar to the prohibition of anticompetitive agreements and the exemption criteria (Articles 101(1) and 101(3) of the Treaty on the Functioning of the European Union (TFEU)). The ICOs other coercive powers include issuing information notices requiring organisations to provide it with information and issuing binding undertakings to organisations with which they must comply. the aviation industry manages security risks effectively. The UK bodies are chiefly: the Secretary of State for Transport; and the Civil Aviation Authority (CAA). 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. To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. 4.16 Are there any ownership requirements pertaining to GDSs operating in your jurisdiction? 5.1 In your opinion, which pending legislative or regulatory changes (if any), or potential developments affecting the aviation industry more generally in your jurisdiction, are likely to feature or be worthy of attention in the next two years or so? In February 2011, the EC also opened an investigation on the codeshare arrangement between Brussels Airlines and TAP Air Portugal, which is still ongoing. Under the Civil Aviation Act 1982, the person managing or owning an aerodrome may detain an aircraft where its operator has not paid the applicable airport charges in respect of that aircraft, or of any other aircraft, which that operator operates. London City Airport is owned by a Canadian consortium which is comprised of AIMCo, OMERS, Ontario Teachers Pension Plan and Wren House Infrastructure Management. the drone must not be flown within 150m of any large group of people such as a concert or sporting event. The details of those . For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. There are narrow exceptions to this general rule. The General Data Protection Regulation (Regulation 2016/679) (the GDPR), the UK GDPR (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) and the UK Data Protection Act 2018 (DPA 2018) govern the collection and use of personal data in the UK. Dont worry we wont send you spam or share your email address with anyone. No, there are no sector-specific rules applying to aviation. For example, is there a distinction in your jurisdiction regarding the courts in which civil and criminal cases are brought? Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 Statutory Instrument No 1895 2007. 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. Further guidance on the requirements for registration of aircraft on the United Kingdom Register of Civil Aircraft is available at www.caa.co.uk. Even in the case of a conditional sale where rental payments are effectively instalment payments of the purchase price, it is well understood in law that a seller is protected if the lessee defaults and that a seller maintains ownership of the asset and can claim repossession and all the other benefits of ownership notwithstanding many months or even years of possession and payment by the lessee beforehand. It requires more systematic collection, use and retention of PNR data on air passengers, and therefore has an impact on the rights to privacy and data protection. A request for permission to appeal can (and if appeal is to be sought, should) be made to the lower court at the hearing at which the decision to be appealed is made. We'd also like to use optional analytics cookies to help us improve it. an O&D city pair (which generally are considered non-substitutable by a different city pair). The CAA acts in the regulation of aviation without detailed supervision by the Government. Starting from the top, we find the International Civil Aviation Organisation (ICAO), which is a United Nations agency. Aviation regulatory agencies are one response to the social and environmental dilemmas posed by aviation technologies. Drone-related offences are punishable by up to five years imprisonment. 1. As a public-private partnership the UK government holds 49% and a golden share, with 42% held by the Airline Group, 5% by NATS staff, and 4% by UK airport operator LHR Airports Ltd. [7] Operations [ edit] In 2019 NATS handled 2.54m flights. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an accurate information or description of your obligations under UK law. This type of application may be made without notice to the operator of the relevant aircraft if the mortgagee or the lessor (as the case may be) can demonstrate the urgency of the matter to the court in accordance with the applicable Civil Procedure Rules. (g) firms carrying on business in Scotland; in this sub-paragraph firm has the same meaning as in the Partnership Act 1890 (c39). Delivering unique value A party may appeal to the High Court on a question of law arising out of the arbitral award. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. PDF UK Approach to Recreational General Aviation Safety CAA is the Civil Aviation Authority. A court order obtained in this way reduces any risk of liability of the lessor or the mortgagee (as the case may be) of the relevant aircraft to third-party claims for compensation for losses due to a repossession (in the case of aircraft in scheduled operation in particular, such losses can be substantial), assists with ensuring the cooperation of the CAA with their issuing of necessary permissions for the continued flight of the aircraft affected, and is also presentable to any prospective third-party purchaser of the aircraft as proof of the right of the mortgagee, or indeed the owner, to sell the aircraft with good title, free of any trailing interests of the relevant mortgagor or lessee (subject to any other third-party rights over the relevant aircraft). It also has concurrent powers with the Competition and Markets Authority (CMA) to enforce competition law in relation to air traffic services and airport operation services. It is also possible to challenge the arbitrators award on the basis of a serious irregularity (section 67 of the Arbitration Act 1996). The data controller may appeal the imposition of a fine to the Information Rights Tribunal. EU law primarily impacted UK aviation through regulations governing traffic rights, aviation safety and access to routes for commercial air transport services (whether within, or to and from, the EU). 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. Civil Aviation Authority 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. Professional associations also act to regulate their memberships. Aircraft certification | EASA It should nevertheless be noted that a right to repossess the relevant aircraft would always be subject to any liens and other statutory detention or retention rights of third parties (as described more fully in Priority under question 2.2 above). This is a market power test, requiring that there should be effective competition outside of the joint venture. In relation to codeshare agreements, neither national nor European competition laws provide specific rules; the legal test applied being based on the exemption criteria of Article 101(3) TFEU and/or the corresponding provisions of the competition laws of the EU Member States. Assistance of the local police is routinely available to AAIB investigators to secure an accident site. Such permit will only be granted if the necessary traffic rights exist (under a bilateral international agreement or otherwise), and is also subject to satisfying the Department for Transport of compliance by the operator with administrative requirements relating to the carriers aircraft and its insurance arrangements. The Montreal Convention has legal effect in the United Kingdom through the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002/263. The Civil Aviation Authority (CAA) , the UK's independent aviation sector regulator, responsible for the price regulation of Heathrow, Gatwick and Stansted airports and more general consumer regulation . Subject to airport security implementing sufficiently rigorous safeguards and complying with relevant standards, it is not outside the realms of possibility that this technology could be used in a similar fashion within commercial airports and by commercial operators in the near future. The upgraded proposal includes a discussion on establishing more sustainable and efficient flight paths, which can reduce up to 10% of air transport emissions as well as lessen the additional costs and delays that occur due to the current air traffic control capacities. In relation to b), there are no documentary taxes (e.g. Alternative dispute resolution | Civil Aviation Authority 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. The UK is a party to the Chicago Convention 1944. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. For example, the continued effects of coronavirus may not be seen as unforeseeable for new contracts made after the initial pandemic outbreak, therefore if the events defined in a force majeure clause must be unforeseeable, it could be argued that any coronavirus-related issues do not suspend obligations. There is not a statutory definition of a force majeure event, but these typically include provisions for issues such as the weather (flood, drought, earthquake or other natural disaster), terrorist attacks and war, governmental acts, and most fittingly for the current environment, pandemics and epidemics. There are various pieces of legislation that must be adhered to in relation to noise. Practice Areas > 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. If there is not a force majeure clause in a contract, a party can argue that they are unable to meet contractual obligations due to the contract being frustrated. 3.4 What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? 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. In certain respects, the CAA acts for EASA in the UK. 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. Much of the domestic legislation originates from European legislation, and there is no aviation-specific policy (presumably on the basis that there are a number of contributors to poor air quality). If your. The Joint Aviation Authorities (JAA) was founded in 1970, for cooperation between European CAAs. The definition of qualifying aircraft was narrowed in January 2011 to bring the United Kingdom more in line with the rest of Europe. 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. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. However, it is possible, and will in many cases be advisable, to notify the CMA, since if a merger may result in a substantial lessening of competition in the UK market, failure to obtain prior clearance risks a reference to a more in-depth investigation and analysis by the CMA (known as a Phase 2 investigation), with the possible consequences described below, which may include a requirement that the purchaser divests. This is an FTP system which is delivered and maintained exclusively by the Met Office. 1.10 Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports? The change is fundamental to the root of the contract (, As a result, performance of the contract would be illegal, impossible, or radically different (, two or more enterprises cease to be distinct in essence, the transfer from one party to another of an enterprise, which is broadly defined to include business activities of any kind; and either: as a result of the merger, the combined enterprises will supply or acquire 25% or more of any goods or services in the UK or a substantial part of the UK; or an existing share of supply of 25% or more will be enlarged (section 23 of the Enterprise Act 2002) (it should be noted that the share of supply test is not a market share test but, rather, focuses on the share of supply of the most narrow reasonable description of goods or services); or. There are a number of bodies which have the authority to regulate, administer and control civil aviation. in respect of maintenance or repair of the aircraft or in respect of an unpaid purchase price for the aircraft) has been satisfied. The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. The standby runway would not be lengthened so it could not be used for long-haul flights, according to the plan. It is also not clear how long parties must wait before being able to rely on frustration does a few months delay in being able to perform a duty render the contract impossible or must they wait longer? As a Regulation, it has direct effect in each EU Member State as well as the Member States of the European Economic Area (EEA). 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. The remedy is equitable and discretionary; a court will exercise considerable caution before granting it. Today, 191 states worldwide are members of ICAO. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. The creditor will have to demonstrate, inter alia, that there is a real risk of dissipation of the debtors assets other than in the usual course of the debtors business, and that the value of the debt is commensurate with that of the aircraft. In addition, the Airport and Ground Operations Support Scheme (AGOSS) to fund certain essential payments is available to: a) a commercial airport situated within England with a valid commercial licence from no later than 27 October 2021 that operated at least 12 scheduled commercial passenger flights in 2019; and. Some of the principal pieces of domestic UK legislation are: Her Majestys (HM) Government, from time to time, appoints commissions to investigate certain aspects of the aviation industry, the most recent and highly publicised being the Airports Commission into the expansion of Londons airport capacity, which was chaired by Sir Howard Davies and issued its final report in July 2015. In LE v Transport Aereos Portugueses SA, where a violent and unruly passenger caused a flight delay, the defendant successfully argued that they were not liable to pay compensation and sought to rely on Article 5(3), which is the extraordinary circumstances defence. Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 Statutory Instrument No 975 2005. COVID-19 Airline Refunds: Do not delay getting your refund, act now! 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. It was replaced by the European Aviation Safety Agency and disbanded in 2009. With the implementation of the GDPR, the DPA 2018 and the PNR Directive (and the national variations), operators need to continue to review and monitor their mechanisms, processes and procedures in place to ensure compliance with new legislative requirements around the collection and provision of data and the secure handling, retention and use of it. Regulations for air passenger or freight services in the UK However, in dealing with the concerns of mortgagees, it is possible to seek to manage the risks of detention and sale of a registered aircraft by way of contractual obligations of owners and operators limiting the creation of liens to permitted liens. It provides a very useful overview on civil procedure in a wide range of countries (not only the usual suspects as England, US, France and Germany, but many more). Regulators exercise regulatory or supervisory authority over a variety of endeavours. CAA works independently from government. UK - EU Transition, and UK Civil Aviation Regulations To access current UK civil aviation regulations, including AMC and GM, CAA regulatory documents, please use this link to UK Regulation. As regards the lessor of an aircraft registered with the CAA, theoretically it is permitted to take enforcement action to repossess the aircraft following a default by the lessee concerned on the relevant lease terms, without enforcing through the courts, i.e. the drone cannot be flown above 400ft in altitude or 500m horizontally from the pilot; a drone weighing more than 250g must be registered with the CAA and the drone pilot must complete an online safety test, obtaining a Flyer ID and an Operator ID that should be attached to the drone; the drone must not be flown within 50m of people, vehicles, buildings or vessels (unless the drone weighs less than 250g); and. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. The PNR Directive obliges airlines to hand EU countries their passengers data in order to help the authorities fight terrorism and serious crime. Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). This case reaffirms the CAAs decision to take enforcement actions against airlines in relation to passenger compensation. The CAA was established in 1972, under the terms of the Civil Aviation Act 1971, following the recommendations of a government committee chaired by Sir Ronald Edwards.
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