Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2023 and they come into force on 28th October 2023.

(2) These Regulations extend to, and apply in relation to airports located in, England and Wales and Scotland.

Amendment of Council Regulation (EEC) No 95/93

2. —(1) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports is amended as follows.

(2) In Article 10 (slot pool), in paragraph 4(g), after “28 October 2023” insert “or the scheduling period from 29 October 2023 until 30 March 2024” .

(3) In Article 10a, after paragraph 3c insert—

“ 3d. For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 5% of the slots allocated to an air carrier at an airport for the period from 29 October 2023 until 30 March 2024 as having been operated by that air carrier if the air carrier:

(a) had the right to use the same slots during the scheduling period from 30 October 2022 until 25 March 2023, or received the slots following a transfer or exchange which took effect before 31 August 2023 pursuant to Article 8a;

(b) returned the slots to the coordinator during the period from 1 September 2023 until 14 September 2023, for reallocation to other air carriers;

(c) did not, during the period from 1 September 2023 until 21 September 2023, request any slots or any re-timing of slots; and

(d) has not, on or after 28 October 2023, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 27 October 2024 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect. ” .