The Transport Act 2000 (Air Traffic Services) (Prescribed Terms) Regulations 2025
The Transport Act 2000 (Air Traffic Services) (Prescribed Terms) Regulations 2025, effective August 15, 2025, clarify which terms within air traffic services licenses can be modified by the Secretary of State.
These terms specify the types of air traffic services authorized and the geographical areas they cover.
The regulations stem from airspace modernization initiatives and allow for greater flexibility in adapting to evolving technological and operational needs while accounting for potential cost implications to impacted businesses.
Arguments For
Improved Efficiency and Modernization: The regulations streamline the process for modifying air traffic service licenses, enabling efficient adaptations to airspace design and technological advancements.
Flexibility and Adaptability: By allowing the Secretary of State to modify prescribed terms, the regulations offer flexibility in responding to evolving needs and ensuring the safety and efficiency of air traffic management.
Alignment with Airspace Modernization: The regulations support the airspace modernization initiatives outlined in the consultations between the Department for Transport and the Civil Aviation Authority, facilitating advancements in UK airspace design.
Legal Basis in Transport Act 2000: The regulations are created under the clear authority granted by section 11(4) of the Transport Act 2000, ensuring a solid legal foundation.
Arguments Against
Potential Unforeseen Costs: Although a de minimis assessment suggests costs are below £10 million annually, unforeseen expenses for businesses adapting to changes in licence terms are possible.
Complexity of Implementation: The process of modifying air traffic services licences, although streamlined, might still present logistical challenges for businesses involved.
Limited Public Consultation: While consultation occurred with the Civil Aviation Authority, broader public engagement on the specific terms of the regulations may have been beneficial.
Potential for Abuse of Discretion: The power given to the Secretary of State to modify license terms could, theoretically, be misused or inconsistently applied if not carefully managed.
- Citation, commencement, extent and interpretation (1) These Regulations may be cited as the Transport Act 2000 (Air Traffic Services) (Prescribed Terms) Regulations 2025 and come into force on 15th August 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland. (3) In these Regulations, “the Act” means the Transport Act 2000.
Section 1 sets out basic information about the regulations.
It provides the official title and effective date (August 15, 2025).
It also clarifies that these regulations apply across the UK. Finally, it defines 'the Act' as the Transport Act 2000 for easier reference within the document.
- Prescribed term for the purposes of section 11(3)(b) of the Act For the purposes of section 11(3)(b) of the Act, the following are prescribed terms— (a) any term specifying air traffic services authorised under a licence; (b) any term specifying the area in which a licence authorises the provision of air traffic services.
Section 2 details the specific terms within air traffic service licenses that are now subject to modification.
These terms cover the types of services licensed and the geographical area the license allows those services to operate within.
Signed by the Authority of the Secretary of State for Transport Mike Kane Parliamentary Under Secretary of State Department 22nd July 2025
This section provides the signatory details, confirming the regulations' official approval and issuance by a Parliamentary Under Secretary of State in the Department for Transport.
EXPLANATORY NOTE (This note is not part of the Regulations) Section 5(2) of the Transport Act 2000 (“the Act”) provides that a licence may be granted (a) in respect of air traffic services of one or more specified descriptions and (b) in respect of one or more specified areas. Section 11(3)(b) of the Act provides that the Secretary of State may modify prescribed terms in an air traffic services licence. Using the power to make regulations in section 11(4) of the Act, the Secretary of State may specify the prescribed terms that may be modified pursuant to section 11(3)(b) of the Act. Regulation 2 therefore provides that terms in a licence specifying air traffic services, and the area served by some, or all, of those air traffic services, are prescribed licence terms capable of modification by the Secretary of State. This will allow the Secretary of State to modify a prescribed term in a licence so as to modify the types of air traffic services which are authorised in the licence and to modify the area(s) in which such authorised air traffic services may be provided. These Regulations follow from a joint consultation by the Department for Transport and the Civil Aviation Authority (“CAA”) on Airspace Modernisation which sets out proposals for NATS (En Route) plc (the holder of a licence issued by the Secretary of State under section 5 of the Act) to provide an airspace design service to develop proposals for changes to airspace design (airspace change proposals) in an area determined by the Secretary of State from time to time. The process for this is set out in the Air Navigation Directions, which provide for the CAA to make changes to the design of UK airspace following receipt by the CAA of an airspace change proposal. A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £10 million per year. An Explanatory Memorandum and the de minimis assessment have been published alongside these Regulations on www.legislation.gov.uk.
The explanatory note provides context and justification for the regulations.
It explains the legal basis for the Secretary of State's power to modify license terms, linking to specific sections of the Transport Act 2000.
The note also highlights the connection to airspace modernization initiatives and clarifies the cost-benefit analysis (a de minimis assessment due to anticipated low cost to the public sector).
Finally, it notes where supporting documentation (Explanatory Memorandum and de minimis assessment) can be found online.