The Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025
The Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025, effective August 15, 2025, amends the definition of "air traffic services" in the Transport Act 2000 to include the process of developing and submitting airspace change proposals to the Civil Aviation Authority (CAA).
This amendment applies to designated UK airspace and aims to streamline airspace management by providing clarity and supporting modernization initiatives.
The order follows a joint consultation on airspace modernization and leverages existing regulatory mechanisms while considering a potential de minimis cost impact on stakeholders.
Arguments For
Improved Airspace Management: The amendment streamlines the process of proposing and implementing airspace changes, leading to more efficient and safer air traffic management.
Clarity and Legal Certainty: Explicitly including airspace change proposals within the definition of air traffic services provides legal clarity for those involved in the process, reducing ambiguity.
Facilitating Modernization: The changes support modernization efforts, allowing for more efficient use of airspace through improved design and procedures. This is based on the joint consultation by the Department for Transport and the CAA on Airspace Modernisation.
Alignment with EU Regulations: The order aligns UK regulations with the framework for creating the single European sky (Regulation (EC) No 549/2004), promoting better integration with European air traffic management systems.
Leveraging Existing Regulatory Frameworks: The changes build upon existing legal frameworks, including the Air Navigation Directions 2023 and the Air Traffic Services (Exemption) Order 2019, minimizing the need for entirely new regulations.
Arguments Against
Potential Increased Costs for Businesses: While a de minimis assessment suggests minimal overall impact, some businesses might incur costs associated with navigating the amended regulations.
Complexity: Adding a new layer of definition to existing legislation might add complexity for businesses and individuals involved in air traffic services.
Unintended Consequences: The specificity of the amendments might create unforeseen challenges or limitations in adapting to future airspace management needs.
Regulatory Burden: The new requirements might increase the administrative and regulatory burden on relevant organizations involved in airspace change proposals.
Alternative approaches: Other methods to manage airspace change proposals could have been explored, potentially offering simpler solutions.
- Citation, commencement, extent and interpretation
(1) This Order may be cited as the Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025 and comes into force on 15th August 2025.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
(3) In this Order, “the Act” means the Transport Act 2000.
This section provides the order's official title, effective date (August 15, 2025), and geographical scope (the entire UK).
It also defines 'the Act' as the Transport Act 2000 for the purposes of this amendment.
- Amendment of the meaning of “air traffic services”
(1) Section 98 of the Act (air traffic services) is amended as follows.
(2) In subsection (1), after paragraph (e) insert—
"(f) making an airspace change proposal to the CAA, or developing such a proposal with a view to making it to the CAA."
(3) After subsection (1) insert—
(1A) In paragraph (1)(f), “airspace change proposal” means a proposal—
(a) to change—
(i) airspace structures within the London, Scottish or Shanwick Oceanic flight information regions, or
(ii) the flight procedures to be followed in those regions or any part of them, and
(b) which is of a type that the CAA is required to develop procedures for dealing with by directions given under section 66 of this Act (air navigation: directions).
This section details the specific amendments to Section 98 of the Transport Act 2000.
It adds a new paragraph (f) to subsection (1), defining 'air traffic services' to include making or developing airspace change proposals for the CAA. Subsection (1A) clarifies that these proposals must relate to airspace structures or flight procedures within the London, Scottish, or Shanwick Oceanic flight information regions, and fall under procedures the CAA must address via directions under Section 66 of the Act.