The Air Navigation (Restriction of Flying) (Mountain Ash) (Emergency) Regulations 2025

The Air Navigation (Restriction of Flying) (Mountain Ash) (Emergency) Regulations 2025 immediately restrict all aircraft from flying below 1,500 feet above mean sea level within a one nautical mile radius centered on Mountain Ash, as this prohibition is deemed necessary by the Secretary of State due to an emergency affecting the public interest in that area; these restrictions remain in force until the emergency subsides and permit exceptions only for aircraft operating under the direction of the South Wales Police.

Arguments For

  • The immediate imposition of these regulations ensures public safety and order by restricting airspace access below 1,500 feet over a specific area during an unforeseen emergency.

  • Granting authority to the South Wales Police to override these restrictions provides necessary operational flexibility for emergency response coordination and incident management.

  • The clear definition of the restricted zone (Mountain Ash, 1 nautical mile radius) prevents ambiguity regarding the area affected by the emergency order.

Arguments Against

  • Imposing an immediate, broad flight restriction can disrupt legitimate local air operations, including essential services or necessary low-altitude surveillance, unless those operations are explicitly sanctioned.

  • Regulations enacted under emergency powers bypass standard consultation periods, potentially limiting input from affected stakeholders, such as local residents or aviation operators.

  • The lack of publicly detailed justification for the 'emergency' in the main text requires reliance on the Secretary of State’s assertion, which may raise questions about proportionality if the scope of the restriction is broad.

S T A T U T O R Y I N S T R U M E N T S

2025 No. 1373

CIVIL AVIATION

The Air Navigation (Restriction of Flying) (Mountain Ash) (Emergency) Regulations 2025

Made ----at 7.20 a.m. on 31st December 2025

Coming into force with immediate effect

The Secretary of State for a reason affecting the public interest deems it necessary to restrict flying in the area specified in the Schedule by reason of an emergency having arisen in that area.

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 239 of the Air Navigation Order 2016( a ).

Citation and commencement

  1. These Regulations may be cited as the Air Navigation (Restriction of Flying) (Mountain Ash) (Emergency) Regulations 2025 and come into force with immediate effect.

Restricted airspace

  1. No aircraft is to fly below 1,500 feet above mean sea level over the area specified in Column 1 of the Schedule, being an area bounded by a circle of the radius specified in Column 2 and centred on the position specified in Column 3.
  2. These Regulations do not apply to any aircraft flying in accordance with directions given by South Wales Police.

Signed by authority of the Secretary of State for Transport

At 7.20 a.m. on 31st December 2025

Joseph Silverman Grade 7 Department for Transport

( a ) S.I. 2016/765, amended by S.I. 2024/990; there are other amending instruments but none is relevant.

Table 1

| Column 1 | Column 2 | Column 3 | |----------------|------------------|-------------------------------------------------------| | Specified area | Radius of circle | Position of centre of circle (latitude and longitude) | | Mountain Ash | 1 nautical mile | 514114N 0032403W |

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose restrictions of an emergency nature on flying in the area specified in the Schedule. They are intended to be of temporary duration and will be revoked as soon as the emergency in question has passed.

SCHEDULE

Regulation 2