The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2025

The relevant Secretary of State created these statutory instruments using powers provided by Article 13(4) of the European Regulation concerning ozone-depleting substances (Regulation (EC) No 1005/2009).

This action required the formal agreement of both the Scottish Ministers and the Welsh Ministers.

The Secretary of State formally determined that, as required by the Regulation, there is demonstrable proof showing no viable alternatives exist that are both technically workable and financially sensible for the intended use.

Before enacting these rules, the Secretary of State conducted the necessary consultation steps mandated by Article 25D(9) of the referenced European Regulation.

The first substantive section sets out the official title of the regulations, the date they become legally effective, and the geographical areas to which they apply.

The official short title for these rules is the Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2025.

They become legally active on December 30, 2025.

The geographical scope of these regulations covers England, Wales, and Scotland.

This section provides definitions for key terms used throughout the remainder of the document to ensure clarity.

"Defence aircraft" refers specifically to the military aircraft detailed in Schedule 1 that are utilized for maintaining national security.

"Halon 1211" is defined as the specific chemical substance bearing that name, as listed in Annex I of the governing ozone regulation.

"Loganair aircraft" specifically means the aircraft owned or operated by Loganair (company number SC170072) that are listed in Schedule 2.

"The Ozone-Depleting Substances Regulation" identifies the primary piece of legislation, Regulation (EC) No 1005/2009, which governs ozone depletion controls, as it has been recast.

This section details the specific exceptions, or derogations, being granted from the standard regulatory deadlines related to ozone-depleting substances.

These rules allow an exception, or derogation, from the end date specified in row 4.2 of Annex VI of the main regulation.

This exception specifically applies to the use of halon 1211 within portable fire extinguishers designated for protection inside aircraft cabins and crew areas.

For Defence aircraft listed in Table 1 of Schedule 1, the deadline for ceasing the use of halon 1211 is postponed until June 30, 2027.

A different deadline of December 31, 2040, is set for the Defence aircraft listed in Table 2 of Schedule 1 regarding the cessation of halon 1211 usage.

The final deadline for Loganair aircraft, as listed in Schedule 2, to stop using halon 1211 in these extinguishers is set for December 31, 2026.

Schedule 1 identifies the specific types and models of Defence aircraft to which the derogations apply, structured across two tables detailing different end dates.

This notation indicates that Schedule 1 is referenced and used for interpretation purposes within Regulation 2.

Table 1 under Schedule 1 specifies various Defence aircraft airframes and their specific mark designations (e.g., A400M Atlas C Mk1) that have an extended halon 1211 use date until June 30, 2027 (as per Regulation 3(a)).

Table 2 under Schedule 1 lists the Globemaster III C-17 aircraft, which has the longest permitted use date extension for halon 1211, expiring December 31, 2040 (as per Regulation 3(b)).

Schedule 2 lists the specific aircraft operated by Loganair that are covered by the derogation allowing continued use of halon 1211 until the end of 2026.

This notation confirms that Schedule 2 is used to define the 'Loganair aircraft' mentioned in Regulation 2.

Table 1 in Schedule 2 lists the ATR 72-212A and 42-500 models operated by Loganair by their registration numbers.

Use of halon 1211 in these aircraft ends on December 31, 2026 (as per Regulation 3(c)).

The Explanatory Note clarifies that the regulations grant exemptions from the phase-out deadline for halon 1211 found in the assimilated EU Regulation (EC 1005/2009).

These exemptions create new deadlines, allowing halon 1211 to remain in use in fire extinguishers within the cabins and crew sections of specific Ministry of Defence and Loganair airplanes.

The government decided not to create a full Regulatory Impact Assessment for this statutory instrument because it does not anticipate causing any substantial financial or regulatory effects on businesses, charities, or public bodies.

A separate Explanatory Memorandum, providing further background context, is publicly available alongside these Regulations on the legislation.gov.uk website.