The Airports Slot Allocation Regulations 2006

Interpretation

2.—(1) In these Regulations—

“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

“air carrier” means any air transport undertaking holding a valid operating licence or equivalent at the latest on 31st January for the following summer season or on 31st August for the following winter season, together with—

(a)

for the purposes of regulations 7 and 14 to 19, all other civil aircraft operators; or

(b)

for the purpose of regulation 9, other business aviation operators when they operate to a schedule;

“air traffic services” has the meaning given in section 98 of the Transport Act 2000(1);

“air traffic services licence, exemption, approval or designation” means, respectively—

(a)

a licence or an exemption granted pursuant to Chapter I of Part I of the Transport Act 2000;

(b)

an approval granted pursuant to article 100 of the Air Navigation Order 2005(2); and

(c)

a designation issued pursuant to Article 8 of Council Regulation (EC) No. 550/2004(3);

“air traffic services provider” means a person who provides air traffic services pursuant to an air traffic services licence, exemption, approval or designation;

“amending regulations” means each of—

(a)

Council Regulation (EEC) No. 894/2002(4)amending Council Regulation (EEC) No. 95/93(5) on common rules for the allocation of slots at Community airports;

(b)

Council Regulation (EC) No. 1554/2003(6) amending Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports; and

(c)

Council Regulation (EC) No. 793/2004(7) amending Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports;

“business aviation” has the meaning given in Article 2(l) of the Council Regulation;

“CAA” means the Civil Aviation Authority;

“coordinated airport”—

(a)

for the purposes of regulations 3(1) and 4(7) and the definition of fully coordinated airport, means an airport where a coordinator has been appointed to facilitate the operations of air carriers operating or intending to operate at that airport, in accordance with the original council regulation; and

(b)

for all other purposes, has the meaning given in Article 2(g) of the council regulation;

“coordination parameters” has the meaning given in Article 2(m) of the council regulation;

“council regulation” means Council Regulation (EEC) No. 95/93 on common rules for the allocation of slots at Community airports, as amended by the amending regulations and as that regulation has effect in accordance with—

(a)

the EEA Agreement(8); and

(b)

the Decision of the Council and of the Commission as regards the Agreement on Scientific and Technological Co-operation of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies between the European Community and the Swiss Confederation on Air Transport(9);

“EEA Agreement” means the Agreement on the European Economic Area signed on 2nd May 1992, as amended by—

(a)

the Protocol signed at Brussels on 17th March 1993; and

(b)

the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994(10);

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(11);

“enforcement code” means a code adopted by a coordinator or a schedules facilitator pursuant to regulation 18, as amended or modified in accordance with that regulation;

“fully coordinated airport” means a coordinated airport where, in order to land or take off, during the periods for which it is fully coordinated, it is necessary for an air carrier to have a slot allocated by a coordinator, in accordance with the original council regulation;

“independent reviewer” means a person appointed in accordance with regulation 19;

“managing body of an airport” has the meaning given in Article 2(j) of the council regulation and “managing body” shall be construed accordingly;

“new entrant” has the meaning given in Article 2(b) of the council regulation;

“1993 regulations” means the Airports Slot Allocation Regulations 1993(12);

“operative date” means 30th July 2004, being the date on which Council Regulation (EC) No. 793/2004 came into force (except as stated in paragraph 2 of Article 2 of that Regulation);

“original committee” means a coordination committee established at a fully coordinated airport prior to the operative date in accordance with Article 5 of the original council regulation and the 1993 regulations and which continues to subsist;

“original coordinator” means any person who, prior to the operative date, was appointed as a coordinator in accordance with Article 4 of the original council regulation and the 1993 regulations and whose appointment is still in force;

“original council regulation” means the council regulation prior to amendment by Council Regulation (EC) No. 793/2004;

“schedules facilitated airport” has the meaning given in Article 2(i) of the council regulation; and

“slot” has the meaning given in Article 2(a) of the council regulation.

(2) Terms defined in paragraph (1) and other terms used in these Regulations shall be construed consistently with equivalent terms defined or used in the council regulation.

(1)

2000 c. 38.

(2)

S.I. 2005/1970, to which there are amendments not relevant to these Regulations.

(3)

O.J. No. L 96, 31.03.2004, p. 10.

(4)

O.J. No. L 142, 31.05.2002, p.3.

(5)

O.J. No. L 14, 22.01.1993, p.1.

(6)

O.J. No. L 221, 04.09.2003, p.1.

(7)

O.J. No. L 138, 30.04.2004, p.50.

(8)

Cm 2073 and 2183.

(9)

O.J. No. L 114, 30.04.2002, p.1.

(10)

Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement: O.J. No. L 160, 28.06.1994, p.1.

(11)

2000 c.7. The definition of “electronic communication” in section 15(1) of that Act was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

(12)

S.I. 1993/1067, amended by S.I. 1993/3042, S.I. 1994/1736 and S.I. 2004/1256.