These regulations amend Council Regulation (EEC) No 95/93 concerning airport slot allocation in the UK. Key changes include increasing the threshold for defining a 'new entrant' airline from five to seven slots and introducing a new provision for handling slot allocation adjustments during pandemics or similar public health emergencies.
The changes aim to improve fairness and resilience in the system while simplifying the regulatory framework.
Arguments For
Improved Fairness for New Entrants: Increases the number of slots considered for allocation to help new airlines enter the market, promoting competition and potentially lower fares for consumers.
Pandemic Resilience: Provides a mechanism to handle slot allocation during public health crises. This flexibility can prevent airlines from losing slots due to unforeseen circumstances that reduce demand, aiding business continuity.
Streamlined Regulation: Removes outdated or unnecessary provisions, simplifying the regulatory framework for airport slot allocation. This aims for improved efficiency and reduces complexity for airlines.
Legal Basis: The regulations are based on the Retained EU Law (Revocation and Reform) Act 2023, providing solid legal grounding for the changes.
Parliamentary Approval: The draft regulations were laid before Parliament and approved by both Houses, indicating democratic legitimacy and oversight.
Arguments Against
Potential for Increased Market Concentration: While designed to help new entrants, the changes might not significantly lower barriers to entry for smaller airlines which may face difficulties acquiring capital and resources.
Unforeseen Consequences of Pandemic Provisions: The new provision for pandemics needs consistent interpretation and application to prevent legal challenges. Ambiguities may exist in the implementation and cause unnecessary disputes.
Complexity of Implementation: Changes to the regulations will require administrative adjustments by airlines and the slot coordinator, potentially leading to costs and delays in the short term.
Limited Scope: The regulations focus primarily on England, Wales, and Scotland, leaving Northern Ireland with potentially differing regulations that could lead to more complications in the long run.
Lack of Empirical Evidence: The assertion that the regulatory burden is not increased lacks specific evidence. Further research should be conducted to measure the actual cost impact on businesses.
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 Act2.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 burden3.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.
The Secretary of State for Transport created these regulations using powers from the Retained EU Law (Revocation and Reform) Act 2023.
They are the relevant authority to enact these changes.
The Secretary of State believes these changes won't increase administrative burdens.
The regulations were drafted, presented to, and approved by Parliament.
- Citation, commencement and extent (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.
The regulation's title is the Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025.
It takes effect on February 13, 2025.
Most of the regulation applies to the whole of the UK, but some parts apply only to England, Wales, and Scotland.
- Amendment of Council Regulation (EEC) No 95/93 (1) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports4 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 2a5; (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.”
This section amends Council Regulation (EEC) No 95/93.
It changes the definition of a 'new entrant' airline to one holding fewer than seven slots (instead of five).
It also removes some outdated clauses and adds a new clause (Article 10(4)(h)) to address slot allocation during government-imposed restrictions due to health emergencies such as pandemics, clarifying how this can impact slot allocation and retention.
- Transitional and saving provision 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.
This provision ensures that the removal of Article 10(4)(g) doesn't affect slot allocations between the regulation's commencement date and March 29, 2025.
Signed by authority of the Secretary of State for Transport Michael Kane Parliamentary Under Secretary of State Department for Transport 12th February 2025
This section shows the official signature and date of authorization of the document.
Michael Kane, Parliamentary Under Secretary of State at the Department for Transport, signed the regulation on behalf of the Secretary of State.