
CHAPTER I
Article 1 

1. Within the scope of the framework Regulation, this Regulation concerns the organisation and the use of airspace  under the responsibility of the United Kingdom. The objective of this Regulation is to ... establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management.
2. The use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation).
3. Without prejudice to Article 10, this Regulation shall apply to the airspace within the ICAO EUR  region where the United Kingdom is  responsible for the provision of air traffic services in accordance with the service provision Regulation. ...
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CHAPTER II
Article 2 
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Article 3 
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Article 3a 

1. The national supervisory authority, working in consultation  with Eurocontrol, shall ensure the availability of electronic aeronautical information of high quality, presented in a harmonised way and serving the requirements of all relevant users in terms of data quality and timeliness.
2. For the purpose of paragraph 1, the  national supervisory authority  shall:
(a) contribute to the development of an  aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information;
(b) support the modernisation and harmonisation of the provision of aeronautical information in its broadest sense in  consultation  with Eurocontrol and the ICAO.
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Article 4 

(1.) The Secretary of State may by regulations made by statutory instrument make provision to:
((a)) adopt appropriate provisions on rules of the air based upon ICAO standards and recommended practices;
((b)) harmonise the application of the ICAO airspace classification, with appropriate adaptation... .
(2.) Regulations under paragraph 1—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
(3.) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 5 
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Article 6 

1. The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.
2. The air traffic management (ATM) network functions are—
(a) the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time,
(b) additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and
(c) functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.
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6. The Secretary of State  shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements.
7. The Secretary of State may by regulations made by statutory instrument make provision about  air traffic flow management, including the necessary oversight arrangements, ... with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes.  Regulations under this paragraph  shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.
8. Regulations under paragraph 7  shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:
(a) flight planning;
(b) use of available airspace capacity during all phases of flight, including slot assignment; and
(c) use of routings by general air traffic, including:
— the creation of a single publication for route and traffic orientation,
— options for diversion of general air traffic from congested areas, and
— priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis.
9. When developing and adopting  regulations under paragraph 7 the Secretary of State  shall, as appropriate and without prejudice to safety, take into account consistency between flight plans and airport slots and the necessary coordination with adjacent regions.
(10.) Regulations under paragraph 1 or 7—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
(11.) A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.
CHAPTER III
Article 7 

1. Taking into account the organisation of military aspects under  the responsibility of the Secretary of State,  the persons mentioned in paragraph 1A  shall ensure the uniform application within the  UK ATMS  of the concept of the flexible use of airspace as described by the ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management ....
(1A.) Those persons are:
(a) any air navigation service provider,
(b) the national supervisory authority, and
(c) the Secretary of State.
2. The national supervisory authority  shall report annually to the  Secretary of State  on the application ... of the concept of the flexible use of airspace in respect of the airspace under  the responsibility of the United Kingdom.
3. The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace.
(4.) When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2.
(5.) Regulations under paragraph 3—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
(6.) A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 8 
Article 7(1) does not apply if and to the extent that it gives rise to significant operational difficulties.
Article 9 
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CHAPTER IV
Article 10 
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Article 11 
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On the basis of a report on experience in implementing Article 5, the Commission will, if necessary, make proposals for amendment of the procedure provided for in Article 5(6) within a period of five years.
