The Civil Aviation (Denied Boarding, Compensation and Assistance and Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 (“the 2005 Regulations”) and the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014 (“the 2014 Regulations”).

Regulation 2 amends the 2005 Regulations by providing for the designation of CEDR Services Limited (company registration number 03271988) and Consumer Dispute Resolution Limited (company registration number 09189773) as bodies to whom a passenger may complain about an alleged infringement of Regulation (EC) No 261/2004 of the European Parliament and of the Council (OJ No L 46, 17.2.04, p1.). This Regulation establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In respect of each body, the designation only applies in so far as any contract entered into by that body with an operating air carrier provides for that body to deal with complaints made in accordance with Article 16(2) of the Regulation in relation to that carrier.

The reference in regulation 5(2) of the 2005 Regulations to the Air Transport Users Council as being designated for the purposes of Article 16(2) has been replaced by a designation of the Civil Aviation Authority for those purposes.

Regulation 2 also adds a new regulation 6 into the 2005 Regulations which requires the Secretary of State to review the operation and effect of the 2005 Regulations and publish a report within five years after this new regulation comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2005 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2005 Regulations or to amend them.

Regulation 3 amends the 2014 Regulations by providing for a similar designation, subject to the same conditions, for the purpose of dealing with complaints made in accordance with Article 15(2) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council (OJ No L 204, 26.7.06, p1.). This Regulation concerns the rights of disabled persons and persons with reduced mobility when travelling by air. The Civil Aviation Authority remains a designated body for the purposes of Article 15(2).

Paragraphs (3) and (4) of regulation 3 makes minor amendments to the 2014 Regulations so that a request for consultation for the purposes of regulation 6 or a notice requiring a person to provide the Civil Aviation Authority with information under regulation 16 may only be sent to an electronic address that has not been withdrawn.

Regulation 3 also adds a new regulation 24 into the 2014 Regulations which requires the Secretary of State to review the operation and effect of the 2014 Regulations and publish a report within five years after this new regulation comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2014 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2014 Regulations or to amend them.

An Impact Assessment has not been prepared for this instrument as there is minimal impact on business, charities or the voluntary sector.

An Explanatory Memorandum is published alongside the instrument on legislation.gov.uk.