Statutory Instruments
2025 No. 158
Retained Eu Law Reform
Civil Aviation
The Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025
Made
12th February 2025
Coming into force
13th February 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1), (2) and (3) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)(1).
The Secretary of State is a relevant national authority for the purposes of section 14(1), (2) and (3) of the 2023 Act(2).
The Secretary of State considers that the overall effect of the changes made by these Regulations in relation to airports slot allocation does not increase the regulatory burden(3).
In accordance with paragraph 5(1) and (5) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025.
(2) These Regulations come into force on 13th February 2025.
(3) This regulation and regulation 2(1), (2) and (3)(b)(ii) extend to England and Wales, Scotland and Northern Ireland.
(4) Regulation 2(3)(a) and (b)(i) and regulation 3 extend to England and Wales and Scotland.
Amendment of Council Regulation (EEC) No 95/93
2.—(1)4) is amended as follows.
(2) In Article 2 (definitions), in point (b) (definition of “new entrant”), in points (i), (ii) and (iii), for “five”, in each place where that word appears, substitute “seven”.
(3) In Article 10 (slot pool)—
(a)omit paragraph 2a(5);
(b)in paragraph 4—
(i)omit points (e), (f) and (g); and
(ii)at the end insert—
“(h)in relation to slots with a date falling within a time when there are government-imposed measures relating to a pandemic, epidemic or other outbreak of disease which meet all of conditions (i) to (iv) below—
(i)the measures apply at either end of the route for which the slots in question were used or planned to be used;
(ii)the measures take the form of any of the following affecting the route, or a significant number of passengers or crew on the route—
(aa)flight bans or border closures;
(bb)quarantine or self-isolation requirements;
(cc)requirements to test negative for the disease in question before undertaking air travel or before entry into the territory of the government concerned;
(dd)official government advice against all but essential travel;
(ee)the total closure of, or severe restrictions on the availability of, airports, or essential ground handling services or other businesses essential to support aviation;
(ff)severe restrictions on the number of passengers permitted on flights or in airports;
(gg)severe or total closure of accommodation, surface travel or other essential tourist services; or
(hh)significant restrictions on onward travel which is booked along with the flight as part of a package;
(iii)the measures severely reduce the viability of, or demand for passenger travel on, the route for part or all of the period to which the slots relate; and
(iv)one or more of the following applies—
(aa)the measures are in effect at the date the slots are due to be operated;
(bb)the measures were in effect for a maximum of three weeks before that date; or
(cc)the measures were in effect for more than three weeks before that date, the government imposing the measures made an official announcement relating to their duration which made it reasonable to expect that they would remain in effect until that date, and the air carrier made the slots available to the coordinator for reallocation.”.
Transitional and saving provision
3. The omission of point (g) of paragraph 4 of Article 10 by regulation 2(3)(b)(i) of these Regulations has no effect in relation to the allocation of slots for the scheduling period running from the date these Regulations come into force until 29th March 2025 inclusive.
Signed by authority of the Secretary of State for Transport
Michael Kane
Parliamentary Under Secretary of State
Department for Transport
12th February 2025
The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.
See section 14(5) of the Retained EU Law (Revocation and Reform) Act 2023.
EUR 1993/95, amended by section 12 of the Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12) and by S.I. 2019/276, 2021/100, 185 and 1200, 2022/368, 822 and 1107, and 2023/325 and 1133.
Paragraph 2a was inserted by S.I. 2021/1200.