The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Draft Affirmative
Laid on: 28 November 2018 

This instrument makes the changes needed to retained EU legislation on air passenger rights. These changes ensure that the legislation continues to function correctly after the UK has left the EU and provides continuity for passengers in terms of the passenger rights and insolvency protection regime that applies in relation to air travel.  It also ensures that the scope of the enforcement regime in place is consistent with the scope of the retained EU legislation. In addition, the instrument amends domestic legislation made to implement mutual recognition of insolvency protection regimes for package travel between EU Member States under the EU Package Travel Directive. This reflects that, in a no-deal scenario, the UK’s insolvency protection regime may not be recognised by EU Member States.   

Civil aviation (other than in relation to aerodromes) is a reserved matter for Northern Ireland, however consumer protection in relation to services and aerodromes are transfer red matters for Northern Ireland. The EU legislation amended by this SI is considered to fall within civil aviation, and any domestic secondary legislation made to implement it therefore applies to the whole of the UK, although there is a separate complaints body designated under the Civil Aviation (Access to Air Travel for Disabled P arsons and Persons with Reduced Mobility) Regulations 2014 in respect of complaints under Regulation 1107/2006 relating to an airport in Northern Ireland or a flight departing from an airport in Northern Ireland. 

This SI primarily concerns matters which are reserved for Northern Ireland, but as it also amends legislation which concerns transferred matters for Northern Ireland, it has been drafted in close consultation with the Norther n Ireland departments.

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