The Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026
These Regulations amend the rules governing how airport slot usage is calculated for the Summer 2026 and Winter 2026/27 scheduling periods at airports in England, Wales, and Scotland.
They authorize a temporary deviation from standard 'use-it-or-lose-it' thresholds by allowing air carriers to return up to 10% of their allocated slots—in two distinct 5% phases—without those slots counting against their usage record for future entitlement.
To qualify for this alleviation, carriers must have held historic rights to the slots, provided at least 14 days' notice to passengers regarding cancellations, and confirmed they have not ceased operations at the airport.
The Regulations apply to airport slot coordinators and air carriers operating at coordinated airports.
Arguments For
The Secretary of State asserts that the changes do not increase the overall regulatory burden on the aviation sector.
The Regulations seek to provide flexibility in the slot usage calculation, which determines an airline's entitlement to the same slots in subsequent seasons.
Proponents may argue the measures prevent 'ghost flights' by allowing carriers to return unused capacity without penalty if they meet specific passenger notification and timing requirements.
The document specifies that the alleviation is conditional on carriers not permanently ceasing operations at the relevant airport, intended to maintain market stability.
Arguments Against
Legal scholars might note that the instrument relies on powers under the Retained EU Law (Revocation and Reform) Act 2023, which grants broad ministerial discretion to amend assimilated law.
Smaller airlines or new entrants might argue that slot alleviation protects the market share of incumbent carriers by lowering the threshold required to retain historic rights.
Airport managing bodies may raise concerns regarding operational certainty if slots are returned in two separate 5% tranches throughout the season.
The decision not to produce a full impact assessment could be questioned by stakeholders who anticipate significant shifts in flight scheduling and airport utilization.
Citation, commencement, extent and application
- —(1) These Regulations may be cited as the Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026. (2) These Regulations come into force on 19th June 2026. (3) These Regulations extend to England and Wales and Scotland. They apply to airports located in England, Wales and Scotland.
This section establishes the official name and effective date of the regulations as 19 June 2026.
It limits the legal reach and geographic application of the rules to airports and entities within Great Britain.
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 airports is amended as follows. (2) For paragraph 3 of Article 10 (slot pool) substitute—
‘(3) Paragraphs 3A to 3C apply for purposes of the usage calculation.
(3A) Slots allocated to an air carrier before 31 January for the following summer season, or before 31 August for the following winter season, but which are returned to the coordinator for reallocation before those dates shall not be taken into account for the purposes of the usage calculation.
(3B) Without prejudice to paragraph 3A, for the purposes of the usage calculation for the summer season commencing on 29 March 2026 and ending on 24 October 2026— (a) where paragraph (b) applies, the coordinator shall not take into account— (i) up to 5% of slots allocated to an air carrier at an airport for that summer season which are returned to the coordinator before 10 July 2026; and (ii) up to 5% of slots allocated to an air carrier at an airport for that summer season which have not been returned pursuant to sub-paragraph (i) and which are returned to the coordinator before 11 October 2026; (b) this paragraph applies where an air carrier— (i) had the right to use the same slots as are being returned to the coordinator pursuant to paragraph (a) during the summer season from 30 March 2025 to 25 October 2025, or received the slots being returned pursuant to paragraph (a) following a transfer or exchange which took place pursuant to Article 8a before 31 January 2026; (ii) has notified passengers of the cancellation of the flights utilising slots being returned pursuant to paragraph (a) at least 14 days before the date on which the flights were due to depart; and (iii) has not, at the time of returning the slots to the coordinator, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.
(3C) Without prejudice to paragraph 3A, for the purposes of the usage calculation for the winter season commencing on 25 October 2026 and ending on 27 March 2027— (a) where paragraph (b) applies, the coordinator shall not take into account— (i) up to 5% of slots allocated to an air carrier at an airport for that winter season which are returned to the coordinator before 15 November 2026; and (ii) up to 5% of slots allocated to an air carrier at an airport for that winter season which have not been returned pursuant to sub-paragraph (i) and which are returned to the coordinator before 14 March 2027; (b) this paragraph applies where an air carrier— (i) had the right to use the same slots as are being returned to the coordinator pursuant to paragraph (a) during the winter season from 26 October 2025 to 28 March 2026, or received the slots being returned pursuant to paragraph (a) following a transfer or exchange which took place pursuant to Article 8a before 31 August 2026; (ii) has notified passengers of the cancellation of the flights utilising slots being returned pursuant to paragraph (a) at least 14 days before the date on which the flights were due to depart; and (iii) has not, at the time of returning the slots to the coordinator, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.’.
This section modifies existing airport slot legislation to allow airlines to return specific percentages of their allocated flight times without penalty for the 2026 seasons.
For both the summer and winter periods, airlines may return up to 5% of their slots by an early deadline and an additional 5% by a later deadline, provided they cancel flights at least two weeks in advance and maintain their intent to operate at the airport.
This prevents these returned slots from being counted as 'unused' in the calculation that determines if an airline gets to keep those same slots in the following year.
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