Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

Aviation Safety Regulatory
Framework Targeted Stakeholder
Consultation

June 2025
Department for Transport

Department for Transport
Zone 2/25 Great Minster House
33 Horseferry Road
London
SW1P 4DR
tasm@dft.gov.uk

2

Contents
1. Executive Summary 3
2. Objectives 4
3. Background 6
3.1 International Aviation Safety System 6
3.2 The Current UK Regulatory Framework 7
3.3 How regulations are currently made 9
4. Options for Investigation 11
4.2 Accountability 13
4.3 Enforcement 14
5. Comparison to other regulatory systems 15
5.1 Sectoral comparators 15
5.2 International comparators 15
6. Summary 15
7. Your views 16
7.2 Responding to this survey 16
7.3 Who should respond? 16
8. Next steps 17
Appendix A: Technical Regulations Scope 18
Appendix B: Sectoral comparators 24
Appendix C: International Comparators 24

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

3
1. Executive Summary
1.1.1 The UK is a world leader in aviation, with the sector contributing over £20 billion
to the UK economy. To ensure that the UK aviation industry can continue to
grow, develop new technologies and maintain high levels of safety, the UK
Government is reviewing the current aviation safety and airspace regulatory
framework.
1.1.2 The UK’s current aviation safety legislation is complex and may not be offering
the best regulatory environment for established aviation, innovation and growth.
The UK’s exit from the European Union (EU) offers an opportunity to review and
revise this complicated framework, and to make the aviation safety rulemaking
fit for the future.
1.1.3 The Government is also aiming to reduce regulatory administration costs on
industry by 25% by the end of this parliament. The Department for Transport
(DfT) is therefore considering options to improve the current regulatory
framework, with the aim of achieving an aviation ruleset which:
• reduces regulatory burden;
• is clear, robust and streamlined;
• encourages innovation, growth and new technologies;
• supports established aviation activities by enabling interoperability and
international harmonisation where appropriate; and
• continues to deliver a gold standard of safety.
1.1.4 One of these options to realise these objectives is to remove detailed technical
regulations from secondary legislation, and to give the Civil Aviation Authority
(CAA) new powers to write legally binding rules.
1.1.5 This document sets out the background to and reasons for this stakeholder
survey. It also outlines the issues which the DfT is seeking to address,
alternative options for consideration, and relevant comparators.
1.1.6 The survey is intended to seek stakeholder views on these options and to
gather evidence to support further policy development in this area.
1.1.7 The proposals set out in this paper do not intend to change the intent or
outcome of the existing technical requirements. The focus of this
consultation is on where responsibility should lie for the development of detailed
technical rules and where those rules could be set out. Any future changes to

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

4
the substance of the existing requirements will be consulted upon separately
and in line with current practices.
2. Objectives
2.1.1 A robust regulatory environment provides certainty to regulated persons and
entities, attracts investment, and enables growth. Good regulation should be:
• clear and unambiguous
• agile, adaptable, and delivered in a timely manner
• proportionate
• enforceable
• articulated in an accessible way
• robustly yet flexibly structured
• proactively maintained
2.1.2 A good regulatory framework should maintain high standards of safety while
allowing industry to innovate and attract new entrants. It should also enable
economic growth while meeting environmental obligations.
2.1.3 A critical aspect of a strong regulatory system is the appropriate allocation of
rulemaking resources and expertise, leading to a robust ruleset developed
by subject matter experts for an expert regulated industry. Rulemaking is the
process by which the Government creates, modifies, or repeals regulations.
2.1.4 The International Civil Aviation Organisation (ICAO) has considered these
issues in the aviation context, and advises that a State’s basic laws relating
to aviation should, among other things “authorize the establishment of a
CAA to be headed by an accountable executive, hereafter referred to as the
DGCA (Director General of Civil Aviation) [and] make provision for the
delegation of the necessary authority and the assignment of corresponding
responsibility to the DGCA to develop, issue and revise operating
regulations and rules consistent with the air navigation regulations” (ICAO
Doc 8335 - 2022 Edition Basic laws relating to aviation, 3.1.2).
2.1.5 The regulations and rules produced by a State need to be capable of prompt
amendment to keep pace with developments in civil aviation and aviation
safety. ICAO further clarifies that where it refers to “regulations”, this term
should be read to encompass a wide range of instruments, including
instructions, rules and policies. ICAO suggests one possible approach to

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

5
ensuring these rules can be kept up to date would be to “place these
detailed operating regulations and rules under the authority of the DGCA
and not incorporate them in national civil aviation law” (ICAO Doc 8335 -
2022 Edition Basic laws relating to aviation). Note: DGCA, as referred to in
the text above means “a CAA headed by an accountable executive”).
2.1.6 The DfT considers it appropriate to explore options to review and adapt the
UK aviation regulatory framework to ensure that it delivers, to the greatest
extent possible, timely updates to highly technical regulation and an agile
and robust regulatory environment which is fit for the future by:
• Attracting growth and innovation into the UK aviation industry, by
providing a robust but flexible framework which responds to and enables
new technologies and encourages new entrants into the industry while
maintaining high standards of safety;
• Keeping the costs associated with regulatory compliance as low as
possible by allowing regulated persons and entities to benefit from rapid
implementation of developments in aviation;
• Enabling timely implementation of ICAO standards, ensuring that the
UK is compliant with its international obligations, as well as the rapid
adoption of amendments to the framework which are necessary or
desirable for safety or other reasons;
• Over time, streamlining the existing complex system of aviation law to
create a single s ource of UK law and guidance relating to the aviation
regulatory framework;
• Identifying mandatory requirements in clear and appropriate language,
while providing appropriate guidance and means of compliance;
• Providing appropriate enforcement mechanisms consistent with the
current approach to maintain compliance with the requirements of the
framework, while reflecting the UK’s adoption of a Just Culture in
aviation;
• Allowing for flexibility of language and format to allow harmonisation and
interoperability with other jurisdictions where necessary and desirable;
• Making best use of parliamentary time;
• Providing certainty and confidence in the UK framework, encouraging
competition and allowing for interoperability and harmonisation and
mutual recognition with other jurisdictions where appropriate or
desirable;

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

6
• Making the best use of subject matter expertise across the DfT and the
CAA, reducing duplication as much as possible, and ensuring that highly
technical requirements are produced by those who best understand the
necessary detail.

3. Background
3.1 International Aviation Safety System
3.1.1 In the UK, a lot of aviation safety legislation stems from provisions that are
proposed and adopted through ICAO, founded in the Chicago Convention
1944 (“the Convention”). The founding objective behind ICAO is to enable
international commercial air transport through shared standards and
harmonisation. For example, a commercial pilot should be able to operate in
any state that is a signatory to the Convention as operating procedures are
aligned. This relies upon the basis of mutual recognition of each state and
the shared adoption of those standards.
3.1.2 Detailed technical standards and recommended practices (SARPs) are
issued by ICAO and designated in nineteen Annexes to the Convention.
Standards are “any specification for physical characteristics, configuration,
matériel, performance, personnel or procedure, the uniform application of
which is recognized as necessary for the safety or regularity of international
air navigation and to which contracting States will conform in accordance
with the Convention”. Recommended Practices are “any specification for
physical characteristics, configuration, matériel, performance, personnel or
procedure, the uniform application of which is recognized as desirable in the
interest of safety, regularity or efficiency of international air navigation and to
which contracting States will endeavour to conform in accordance with the
Convention” (International Civil Aviation Organization. (2018). Annex 1 to the
Convention on International Civil Aviation: Personnel licensing (12th ed).
There are around thirteen thousand SARPs in total. ICAO issues periodic
updates to these SARPs in the form of State Letters. If a state is a signatory
to the Convention, it is committed to complying with and implementing
Standards within its domestic legislation to ensure international
harmonisation, interoperability and high levels of safety. In accordance with
longstanding practice, the UK will generally implement ICAO Recommended
Practices unless there is a good reason not to do so.
3.1.3 The consistent implementation of these standards internationally improves
safety as well as reducing costs to industry.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

7
3.1.4 ICAO audits states’ compliance with eight critical elements of what ICAO
calls an effective State aviation safety oversight system. Four of those
critical elements include requirements relating to the legislative and
regulatory framework. In addition, the ICAO Safety Oversight Manual
requires specific operating regulations to be ‘comprehensive, clear,
consistent, and up to date’ (ICAO Doc 9734, Part A – 3rd edition 2017, State
Safety Management: Chapter 3 3.2.1.1), in a system which allows for
technical standards to be updated in a timely manner (ICAO Doc 9734, Part
A – 3rd edition 2017, State Safety Management: Chapter 3 3.2.1.3).
3.1.5 In most cases, implementing SARPs in the UK requires secondary
legislation to be made and laid before parliament, containing the detail of the
SARP.
3.2 The Current UK Regulatory Framework
3.2.1 Before the EU took competency for UK aviation safety law, safety requirements
were set out in the Civil Aviation Act 1982 and the Air Navigation Orders
(“ANO”) made under it. Over time, the EU began to take competency for
aviation safety regulation and to implement EU regulations with direct effect on
the UK, including private individuals and entities. Gradually, the EU introduced
an aviation safety regulatory framework consisting of Regulation (EC) No
216/2008 (later Regulation (EU) 2018/1139) (“the Basic Regulation”) as the
framework regulation, with a series of subject-specific Implementing
Regulations made under it to broadly reflect ICAO Annexes and to implement
ICAO SARPs. The Implementing Regulations contained detailed annexes,
setting out the applicable technical standards and requirements.
3.2.2 In addition, the EU introduced regulations relating to airspace and its use.
These included: Regulation (EC) No 549/2004 (“the Framework
Regulation”), which laid down the framework for the creation of the single
European sky; Regulation (EC) No 550/2004 (“the Service Provision
Regulation”), which laid down requirements relating to the provision of air
navigation services in the single European sky; and Regulation (EC) No
551/2004 (“the Airspace Regulation”), relating to the organisation and use of
the airspace in the single European sky. Within this paper, these will be
known collectively as the “Airspace Regulations”. Various Implementing and
Delegated Regulations relating to airspace usage and interoperability were
made under the Airspace Regulations. In some circumstances, regulations
were made under both the Basic Regulation and the Airspace Regulations,
such as Implementing Regulation (EU) No 923/2012 – the Standardised
European Rules of the Air (“SERA”).
3.2.3 Given the need for harmonisation and consistency across all EU member
states, the directly applicable EU aviation safety and airspace legislation was
highly prescriptive, particularly in the level of detail contained within the
Annexes to the Implementing Regulations. Updates to ICAO SARPs were
adopted into EU law, and therefore in the UK, by way of directly effective
amendments to the EU Regulations.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

8
3.2.4 However, the directly applicable EU law was limited in scope, excluding
aircraft unlikely to circulate freely in the EU and smaller, non-commercial
aerodromes. The ANO and any regulations or documentation issued under
it, such as the British Civil Airworthiness Requirements (“BCARs”), was
therefore needed to apply to aviation activity which fell outside the scope of
EU regulations.
3.2.5 This created a two-pillar system of law and introduced a level of complexity
into the UK aviation safety and airspace legislation framework.
3.2.6 Since the UK’s departure from the EU and the assimilation of the EU
aviation safety ruleset into the UK’s domestic framework, this two-pillar
system has been consolidated into UK legislation as illustrated in Figure 1.
The assimilated regulatory framework now consists of UK-specific versions
of the Basic Regulation, the Airspace Regulations and the Implementing and
Delegated Regulations. It sits alongside the existing framework of domestic
UK law under the Civil Aviation Act 1982 and the ANO.
3.2.7 The size and complexity of each pillar is significant. They run to several
thousand pages of highly technical regulation. Each pillar deals with different
aspects of the regulation of aviation safety in the UK. Some regulatory areas
are wholly within one regime or another, but in other areas the relevant
regulatory requirements are spread over the two pillars. An understanding of
both pillars is therefore necessary for a complete understanding of the law
regulating aviation safety in the UK.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

9

Figure 1 The UK Aviation Safety Legislation Framework
3.3 How regulations are currently made
3.3.1 When the EU regime was incorporated into the UK legal system after EU Exit,
the powers contained in the Basic Regulation to make and amend the 16 EU
Implementing and Delegated Regulations through Statutory Instruments (S.I.s)
were transferred to the Secretary of State, together with similar powers under
the Airspace Regulations. Meanwhile, powers to make secondary legislation
under the 1982 Act are split between His Majesty in Council and the Secretary
of State.
3.3.2 In the current UK regulatory framework, the majority of updates to
domestic law to implement SARPs and make other necessary changes
to the aviation safety and airspace regulatory framework are made by
the Secretary of State for Transport and are subject to parliamentary
scrutiny.
3.3.3 As the UK’s specialist aviation regulator, the CAA’s role is to protect the
interests of the passenger and the public in aviation. Currently, the CAA
implements and enforces UK civil aviation legislation as made by
Parliament, His Majesty in Council or the Secretary of State, or in
accordance with directions from the Secretary of State.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

10
3.3.4 To that end, the CAA has powers to issue licences and approvals and, in
some limited cases, draft requirements which may be given legal effect
through incorporation by reference in legislation (such as BCARs in CAP
482, incorporated by article 61 ANO, or the Mandatory Requirements for
Airworthiness in CAP 747, incorporated by article 37 ANO) and enforce
compliance with the law by taking regulatory action or, in very serious cases,
bringing a prosecution.
3.3.5 The CAA also plays an important advisory role in the development and
amendment of the current regulatory framework. Under Article 76 of the
Basic Regulation, it is required to assist the Secretary of State in the
preparation of proposals for amendments to the Basic Regulation and of
regulations made under it. As a matter of agreed policy between the CAA
and the DfT, it performs a similar function in respect of amendments to the
ANO. It advises the DfT on matters of aviation safety law and policy,
developing and suggesting changes to the aviation safety legislative
framework that are then drafted into legislation by DfT, laid before
Parliament and given legal effect by the Secretary of State or His Majesty in
Council. The CAA undertakes public and industry consultation on the
proposed policy changes to understand the impacts of its proposals; when
these require changes to secondary legislation the outputs are passed to
DfT for preparation of secondary legislation.
3.3.6 Following a decision by the DfT to make a change to secondary legislation,
or to act on a proposal made by the CAA to do so, the DfT will undertake the
detailed drafting exercise needed to implement the proposal in the form of a
Statutory Instrument. This instrument must comply with detailed legislative
drafting conventions and must be laid before Parliament according to strict
time frames. Sometimes, a vote in both Houses of Parliament is needed
before a draft instrument can be made into law. Like all secondary
legislation, aviation safety instruments need to be incorporated and
prioritised alongside other priorities in the Government’s wider legislative
timetable. Currently, it takes on average over 24 months to amend a safety
regulation in the legislative framework.
3.3.7 In addition, the CAA publishes a significant amount of non-legislative
material, including means of compliance and guidance. Under the
assimilated EU regime, this material is known as Acceptable Means of
Compliance (“AMC”), Guidance Material (“GM”) and Certification
Specifications (“CS”). AMC are non-binding standards that establish a
presumption of compliance with the legislation and are means by which the
requirements in the applicable retained EU legislation can be met. However,
regulated entities may show compliance by other means. GM is non-binding
explanatory and interpretation material on how to achieve the requirements
in the applicable assimilated legislation. CSs are non-binding technical
standards that may be used to meet the requirements of the applicable
assimilated law.
3.3.8 Under the domestic regime, the ANO can provide the CAA with a discretion
to determine how and whether a requirement in the ANO has been met, in

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

11
addition to imposing certain specific requirements. The CAA publishes
means of compliance, statements on how the CAA may exercise its
regulatory discretion and guidance material in a Civil Aviation Publication
(“CAP”). CAA CAPs can also be a vehicle for publication of a wide range of
other information which does not fit into the categories outlined above but
which are not relevant for the purposes of this paper.
3.3.9 The current aviation regulatory framework therefore consists of the
requirements contained in the law (both primary and secondary legislation),
together with the AMC, GM, CS and CAPs published by the CAA.
4. Options for Investigation
4.1.1 The DfT is considering several options for delivering an effective regulatory
framework. None of the presented options under consideration would change
the requirements of the existing technical regulations in the short term. The
intention would be to ensure that the system functions as well as possible in
terms of the production and maintenance of a regulatory ruleset. Depending on
the model ultimately adopted, if any change to the framework is made at all,
changes to the requirements to consolidate and streamline the two pillars of
aviation legislation may be made but would be the subject of further
consultation at that time.
Do the minimum:
4.1.2 One option for improvement that does not involve primary legislation or any
significant change to the existing framework is to continue to exploit
opportunities to improve the availability of and messaging around the current
requirements. We could make it easier for stakeholders to understand the
law by:
• providing better information around what legislative material exists;
• explaining how it fits together; and
• conveniently signposting associated guidance, policies, procedures
and processes, compliance material and acceptable means of
compliance.
4.1.3 This approach would still require domestic UK law to implement ICAO
SARPs and amend rules in the current framework, and the time to update a
highly technical regulation of 24 to 36 months would increase. It would also
not resolve identified legal deficiencies because of the UK’s departure from
the EU system.
Consolidate under existing law:

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

12
4.1.4 After EU exit, the CAA and the DfT have been working together to look at
options to consolidate assimilated law and other domestic law. The options
for bringing all safety and airspace requirements under one coherent ruleset
using existing legislative powers would be either to consolidate under the
assimilated EU law framework or to consolidate under the Air Navigation
Order.
4.1.5 Consolidating under assimilated EU law would make the law better
structured and clearer, reducing overlap and providing a degree of certainty.
4.1.6 It is important to note that:
• The approach to regulation under assimilated EU law is heavy handed
and inflexible;
• All amendments to the requirements contained within the regulations
would still require secondary legislation.
4.1.7 Consolidating the existing ruleset under ANO would entail rewriting all
assimilated law into one or more ANOs so that they sit under and are, in
future, made pursuant to the powers in sections 60 and 61 of the 1982 Act
(as amended). Again, this would ensure that all requirements are in a single
place, improving clarity of regulation. It also has must be noted that:
• Marrying the prescriptive regulatory approach under the Basic
Regulation with the more outcomes-based approach under the ANO
would require a very substantial re-writing exercise and a change in
the philosophy of regulation adopted under the assimilated EU law.
• Because it would still be in the form of an Order in Council, it would be
challenging to retain the well-established formats and terminologies
used by industry under EU (and now assimilated) law over many
years (e.g.: retaining Annex names and numbering such as ‘Part 145’
or the paragraph numbering conventions used under the Basic
Regulation and in SERA).
• Legislation would continue to be needed to amend the ANO and so
there would continue to be delay in implementation of amendments,
duplication of effort, less flexibility.
4.1.8 A further option considered by DfT is an ‘ANO plus’ option. Under this
model, primary legislation could be used to amend sections 60 and 61 of the
Civil Aviation Act 1982 to provide a degree of greater flexibility in the
framework and potentially to allow the CAA to take a greater role in the
creation of certain binding requirements.
4.1.9 A substantial amount of secondary legislation would still be required under
this model, causing delay and failing to address the risks of falling behind in
the implementation of ICAO Standards.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

13
Restructure the regulatory process:
4.1.10 One option may be to design a new regulatory framework which moves away
from rulemaking using S.I.s and which ensures that responsibility for developing
technical and detailed requirements is delegated to the appropriate expert body.
The intention of this model would not be to change the content of well-
established regulations, but to ensure that responsibility to keeping the
framework up to date and fit for purpose rests with the right people and
that more agile, less formal processes can be used. The areas in scope of
aviation safety legislation are outlined in Appendix A: Technical Regulations
Scope.
4.1.11 Under this model, primary legislation would be needed to delegate technical
rulemaking powers to the CAA as the expert regulator. The CAA could be
given powers to establish and maintain a rulebook, which would contain
mandatory technical regulations and requirements, as well as the means of
compliance and guidance which the CAA currently has power to produce. An
enforcement toolkit designed around the new rulebook would be required,
which would include criminal sanctions where appropriate.
4.1.12 The DfT in any case would retain strategic policy-making powers and would
be responsible to Parliament for the oversight of the use of any such
delegated powers by the CAA.
4.1.13 By designing a system in which updates to the technical requirements would
not require secondary legislation, amendments to the regulatory framework
could be made directly by the CAA, in consultation with the aviation industry,
in a way that ensures timely implementation of ICAO standards and other
necessary changes to the technical requirements.
4.1.14 The CAA would be empowered to create mandatory requirements which are
proportionate and flexible to the needs of the UK industry. This would
provide certainty to regulated entities and ensure that where something
needs to be mandatory for safety or other reasons it can be made clear, and
flexibility can be afforded by providing means of compliance or guidance
where it is more proportionate to do so.
4.1.15 It could be used as an opportunity to design a rulebook which can, over time,
consolidate the two pillars of regulation into a single system of technical
requirements following appropriate consultation with industry. The rulebook
would be capable of offering a degree of flexibility in format and language.
4.1.16 It must be noted here that where new responsibilities are assumed by the
CAA, associated costs may be considered in future Schemes of Charges,
subject to consultation.
4.2 Accountability
4.2.1 If greater rulemaking powers are delegated to the CAA, the DfT would
expect proper systems to be in place to ensure accountability and

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

14
transparency in the use of those powers. Government and Parliament must
be able to ensure that any such delegated powers are appropriately used, so
any adoption of this model would require a clear system of accountability to
be implemented.
4.2.2 The CAA is already accountable to DfT, HMT, and the CAA Board with a
well-developed and recently refreshed system of accountability and
governance in place. In any case where the CAA is granted further powers
to create binding obligations, it is important that there are sufficient
transparency requirements which ensure the CAA is using those powers
appropriately, seeking input from stakeholders, and having regard to
relevant public policy issues. This is necessary to enable DfT and, in turn,
Parliament to understand and oversee the work of the regulator, and to
support effective engagement by stakeholders with the regulator’s activities
and proposals. This provides Parliament with a clear basis on which to
scrutinise the work of regulators and supports effective engagement with
regulator proposals by firms and members of the public.
4.2.3 The CAA already consults on proposals it intends to make to the Secretary
of State and on changes to AMC, GM and CS. Any new system must
continue to consult industry on changes and ensure appropriate
liaison and engagement with the DfT on strategic policy considerations
at an early stage. When considering accountability requirements which
might be appropriate for the CAA if rulemaking powers were delegated, the
DfT would expect there to be no reduction in existing engagement and
transparency both with the Department and with stakeholders.
4.3 Enforcement
4.3.1 Enforcement activity forms an important part of the CAA’s current activities
to ensure high standards of safety. It sits alongside other activities such as
continuing oversight. Enforcement is any activity that is carried out to seek to
effectively remedy a breach, or suspected or potential breach, of rules
applicable to civil aviation.
4.3.2 Under a model of delegation of technical rulemaking power to the CAA,
consideration would need to be given to the regulatory toolkit available to the
CAA to ensure that robust but proportionate powers are available for the
enforcement of regulatory requirements written by the CAA. The CAA is
committed to a “Just Culture” approach to safety regulation which fosters
and facilitates the reporting of occurrences without fear of reprisal, as this
forms the basis of a robust safety management system. It is important to
ensure that appropriate action can be taken by the regulator to require
compliance with regulations, and to punish serious breaches of mandatory
requirements.
4.3.3 The CAA currently has a range of enforcement powers. While these would
need to be reviewed and revised to ensure that they are applicable to any
revised framework and additional powers proposed under any new model,

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

15
the CAA’s enforcement toolkit would be similar in nature and scope to its
existing powers. Further consideration will be given to this question when the
Department’s policy direction is better developed following this consultation.
5. Comparison to other regulatory
systems
5.1 Sectoral comparators
5.1.1 There are similar models where regulators have the power to write and enforce
legally binding rules with criminal and civil liability for regulatory oversight within
other sectoral regulatory systems in the UK. The Financial Conduct Authority
(“FCA”) uses a regulatory handbook under the Financial Services and Markets
Act 2000, allowing for flexible, timely updates without relying on secondary
legislation. Similarly, the Prudential Regulatory Authority (“PRA”), established
under the Financial Services Act 2012 and operating through the Bank of
England, maintains a rulebook with policy, rules, and guidance, which is
regularly updated through legislated processes involving industry consultation,
enabling both administrative and legal changes. More information can be found
at Appendix B.
5.2 International comparators
5.2.1 Outside of the UK, several States have established arrangements where
responsibility for aviation safety rulemaking is delegated to specialist technically
qualified and competent bodies. The DfT has examined the arrangements of
other States to understand their approach to aviation regulation and the extent
to which competence for issuing requirements has been delegated to expert
third parties, avoiding the need to take up legislative time. Examples include
Singapore, Brazil, The Bahamas, and the UK Overseas Territories. More
information can be found at Appendix C. 
6. Summary
6.1.1 As detailed within this consultation paper, the DfT is exploring the possibility of
amendments to the UK’s aviation regulatory framework to ensure that it is a
robust, future-proof regulatory environment which is compliant with international
obligations, and which delivers ongoing high standards of safety.
6.1.2 One of the suggested models has the intention to delegate technical rulemaking
powers to the CAA as the expert regulator. It is not proposed in this model that

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

16
the content of the well-established regulations should materially change. The
DfT would retain strategic policy-making powers and would be responsible to
Parliament for the oversight of the use of any such delegated powers by the
CAA.
7. Your views
7.1.1 The Government is now seeking views from stakeholders on the regulatory
system for aviation safety, including the models for reform of the system
detailed above. In particular, the DfT seeks evidence of any regulatory issues
that industry is experiencing. Views are invited on both advantages and
disadvantages of the potential models for reform, including any risks that
delegating technical regulation making authority from UK Parliament and the
Secretary of State for Transport to the CAA may create.
7.1.2 The policy team in the DfT will be holding open question sessions whilst the
survey is open. If you are interested in attending these, please contact
avsafindustryengagement@dft.gov.uk.
7.2 Responding to this survey
7.2.1 This consultation will close 5 weeks after launch. We are inviting stakeholders
to provide responses to the questions set out below, share their views on our
proposed future approach to aviation safety regulation, or to provide views on
any issue relevant to the effective operation of the UK’s framework for aviation
safety regulation.
7.2.2 The responses to this consultation and feedback from engagement with
stakeholders will be used to help the Government decide whether to take
forward the proposals within this consultation.
7.3 Who should respond?
7.3.1 A wide range of stakeholders will be interested in the important issues
presented in this document. Responses are welcome from all stakeholders who
are regulated under aviation safety legislation, including:
• Aircraft Operators 
o ACMI 
o Cargo 
o Corporate 
o Scheduled Passenger 
o Utility

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

17
• Helicopter Emergency Medical Service (HEMS)/National Police Air
Service (NPAS)/Search and Rescue (SAR) 
• Pilots, flight crew, engineers, air traffic control officers
• Aircraft owners
• Aerodrome Operators 
o Certified 
o Declared 
• Handling 
o De-Icing Providers 
o Fuel 
o Third Party Handlers
• Design and Production Organisations
• Maintenance Organisations
• Continuing Airworthiness Management Organisations and Combined
Airworthiness Organisations
• Training Organisations
• Air Traffic Control Providers
• ATM/ANS Providers
• Industry Representative Organisations and Trade Unions
• Drone (Remotely Piloted Aircraft Systems(RPAS)/Uncrewed Aircraft
System (UAS)) operators
• Recognised Assessment Entities
• Qualified Entities
• Aviation Safety Consultants 
8. Next steps
8.1.1 The Government will carefully consider the responses received to this
consultation and use these to inform policy going forward.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

18

Appendix ATechnical Regulations
Scope
International
Civil Aviation
Organisation
(ICAO) Annex
Corresponding
UK Legislation
*and also
where the Air
Navigation
Order (ANO)
(and associated
Civil Aviation
Publications)
contains
equivalent or
related
requirements,
these will also
be in scope
In scope of
consultation
(In/Out)
Description
Annex 1:
Personnel
licensing
Air Crew
(1178/2011)

Air Operations
(965/2012)

Air Navigation
Order 2016
IN Standards, processes and procedures aimed to
ensure that personnel undertaking safety related
tasks in civil aviation (pilots, air traffic controllers,
aircraft maintenance engineers, etc.) are
competent and medically fit to perform their tasks
to the prescribed standard.
Annex 2:
Rules of the air
Air Crew
(1178/2011)

Air Operations
(965/2012)

Air Navigation
Services (ANS)
provision of
services
(2017/373)

Air Traffic
Control Officer
(ATCO)
Licensing
(2015/340)

Airspace Usage
(2018/1048)

IN Standards for the operation of aircraft, covering
rules for visual and instrument flight, air traffic
control, aircraft separation, and collision
avoidance, ensuring safe, efficient, and
standardized air navigation globally.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

19
Standardised
European
Rules of the Air
(SERA)
(923/2012)

ANO-Rules of
the Air
Regulations
(2015)

Air Navigation
Order 2016
Annex 3: MET
for
international
air operation
Annex V (Part-
MET) of UK
Regulation
2017/373 Air
Traffic
Management /
Air Navigation
Services
Provision of
Services
IN Standards and guidelines for the provision of
meteorological services to support international
aviation. It covers the delivery of weather
information, forecasts, and warnings to ensure
safe flight operations, focusing on meteorological
requirements for flight planning and in-flight
navigation.
Annex 4:
Aeronautical
charts
Air Navigation
Services (ANS)
provision of
services
(2017/373)

Air traffic
control officer
(ATCO)
Licensing
(2015/340)

Airspace Usage
(2018/1048)

Standardised
European
Rules of the Air
(SERA)
(923/2012) 
IN Standards for the design, content, and use of
aeronautical charts. It ensures uniformity in
charting for navigation, flight planning, and air
traffic management, providing essential
information like airspace boundaries, navigation
aids, and flight routes to support safe and efficient
air operations.
Annex 5: Units
of
measurement
to be used in
Air and Group
operation
Included in Civil
Aviation
Publication
(CAP) 2264
IN This Annex establishes the standardized units of
measurement to be used in aviation for air and
ground operations. It ensures consistency in units
like distance, speed, altitude, temperature, and
pressure, promoting clear communication and
reducing the risk of misunderstandings in
international aviation.
Annex 6:
Operation of
aircraft
Air Crew
(1178/2011)

Air Operations
(965/2012)
IN Guidelines for the safe operation of aircraft,
covering flight crew qualifications, operational
procedures, aircraft performance, and safety
standards. It includes rules for both commercial
and non-commercial air operations, ensuring
uniform safety practices for international aviation.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

20

Air Navigation
Services (ANS)
provision of
services
(2017/373)

Air Traffic
Control Officer
Licensing
(2015/340)

Airspace Usage
(2018/1048)

Standardised
European
Rules of the Air
(SERA)
(923/2012)

Air Navigation
Order 2016
Annex 7:
Aircraft
nationality and
registration
marks
Air Navigation
Order 2016
IN Standards for aircraft nationality and registration
marks. It ensures that each aircraft is uniquely
identifiable through a registration marking system,
helping to indicate the country of registration and
providing a means for tracking and managing
aircraft globally for safety and legal purposes.
Annex 8:
Airworthiness
of aircraft
Initial
Airworthiness
(748/2021)

Additional
Airworthiness
Specifications
(2015/640)

Continuing
Airworthiness
(1321/2014)

Air Navigation
Order 2016
IN Standards for the airworthiness of aircraft,
ensuring they meet safety and performance
criteria. It covers design, construction,
maintenance, and inspection requirements,
ensuring aircraft are safe to operate and comply
with international safety regulations throughout
their operational life.
Annex 9:
Facilitation
Out of scope
(this is
covered by
Aviation
Security) 
Standards for the facilitation of international air
travel, focusing on the smooth movement of
passengers, crew, and goods. It addresses
customs, immigration, quarantine procedures, and
security, aiming to streamline and simplify airport
processes in global aviation.
Annex 10:
Aeronautical
communication
Air Navigation
Services (ANS)
provision of
services
(2017/373)
IN Standards for aeronautical communication,
ensuring reliable and efficient transmission of
voice and data between aircraft and ground
services. It covers systems like radio
communication, navigation aids, and surveillance

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

21

Air Traffic
Control Officer
(ATCO)
Licensing
(2015/340)

Airspace Usage
(2018/1048)

Standardised
European
Rules of the Air
(SERA)
(923/2012)

Air Navigation
Order 2016
technologies, ensuring safe, clear, and continuous
communication in international air operations.
Annex 11: Air
traffic services
Air Navigation
Services (ANS)
provision of
services
(2017/373)

Air Traffic
Control Officer
(ATCO)
Licensing
(2015/340)

Airspace Usage
(2018/1048)

Standardised
European
Rules of the Air
(SERA)
(923/2012)

Air Navigation
Order 2016
IN Standards for air traffic services (ATS), ensuring
safe, orderly, and efficient air traffic management.
It covers flight information services, air traffic
control, and alerting services, providing guidelines
for the operation of ATS and coordination between
air traffic control units globally.
Annex 12A:
Search and
rescue
Out of scope
(this is
outside the
CAA’s remit.
The
Secretary of
State is
responsible
for civil SAR.
SoS
responsibility
delegated to
Maritime &
Coastguard
Agency) 
Standards for search and rescue (SAR)
operations, ensuring coordinated efforts between
countries to locate and assist aircraft in distress. It
establishes procedures, resources, and
communication requirements for effective SAR
missions, enhancing safety and response times in
emergencies across international airspace.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

22
Annex 13:
Accident and
Incident
investigation
The UK
Accident
Investigation
Regulation
(996/2010)

Civil Aviation
(Investigation of
Air Accidents
and Incidents)
Regulations
2018
OUT (this
Annex lies
with AAIB,
operating
under DfT) 
Standards for the investigation of aircraft accidents
and incidents. It outlines procedures for safety
investigations, data collection, and analysis to
determine causes, aiming to improve aviation
safety by identifying hazards and recommending
corrective actions to prevent future occurrences.
Annex 14:
Aerodromes
Aerodromes
(139/2014)

Air Navigation
Order 2016
IN Standards for the design,
operation, and safety of
aerodromes (airports). It
covers runway dimensions,
lighting, signage, and safety
measures to ensure safe
aircraft operations. The
annex provides guidelines
for both civil and military
aerodromes, promoting
consistency and safety in
airport infrastructure
worldwide.
Annex 15:
Aeronautical
Information
Services
Air Navigation
Services (ANS)
provision of
services
(2017/373)

Air Traffic
Control Officer
(ATCO)
Licensing
(2015/340)

Airspace Usage
(2018/1048)

Standardised
European
Rules of the Air
(SERA)
(923/2012) 
IN Standards for aeronautical information services
(AIS), ensuring the accurate and timely provision
of essential information like charts, notices, and
weather reports to support safe flight operations. It
outlines procedures for collecting, processing, and
distributing aeronautical data to users globally.
Annex 16:
Environmental
protection
Initial
Airworthiness
(748/2012)

Additional
Airworthiness
Specifications
(2015/640)

Continuing
IN Standards for environmental protection in aviation,
reducing aircraft noise and emissions. It sets
guidelines for engine certification, noise abatement
procedures, and air quality, aiming to minimize
aviation's environmental impact and promote
sustainable practices within the industry.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

23
airworthiness
(1321/2014) 
Annex 17:
Security
Out of scope
(this is
covered by
Aviation
Security)
Standards for aviation security, focusing on
safeguarding passengers, crew, and aircraft from
unlawful acts such as hijacking and terrorism. It
outlines measures for airport security, screening
procedures, and threat prevention, ensuring global
cooperation to protect civil aviation and maintain
safe air travel.
Annex 18:
Safe transport
of Dangerous
Goods by Air
Air Navigation
Order 2016

Air Navigation
(Dangerous
Goods)
Regulations
2002
IN Standards for the safe transport of dangerous
goods by air. It outlines classification, packaging,
labelling, and handling requirements to prevent
accidents and ensure safety during air transport,
emphasizing compliance with regulations to
minimize risks to people, property, and the
environment.
Annex 19:
Safety
Management

Initial
Airworthiness
(748/2012)

Continuing
Airworthiness
(1321/2014)

Occurrence
reporting
regulations
(376/2014)
IN This outlines safety management requirements for
aviation organizations. It emphasizes a proactive,
systematic approach to identifying and managing
safety risks through safety management systems
(SMS). The annex promotes continuous safety
improvement, accountability, and the integration of
safety practices in all aviation operations to reduce
accidents and incidents.

NoteUK (EU assimilated) Airspace (technical) regulations in scope (the technical requirements
relevant to the safe use and oversight of airspace that fall within the remit of the CAA, subject to
the DfT’s overall policy oversight). CAA Publications that sit under or support understanding of
ANO or Assimilated law will be in scope.

In addition, and to the extent that they contain technical requirements which the CAA is best placed
to update for the same reasons articulated in this Options Assessment, the following assimilated
regulations relating to the regulation of airspace would be in scope of this project:
• UK Reg (EU) No 549/2004 (the UK Framework Regulation)
• UK Reg (EU) No 550/2004 (the UK Service Provision Regulation)
• UK Reg (EU) No 716/2014 (The UK Pilot Common Project Regulation)
• UK Reg (EU) No 551/2004 (The UK Airspace Regulation) and the regulations made under
it to the extent not already included above (2150/2005; 255/2010; 2018/1048; 2019/123;
1332/2011)
To the extent that the Air Navigation Order 2016 also relates to these issues, it too would be in
scope.

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

24
Appendix B: Sectoral comparators
B.1.1 Regulators in other sectors have the power to write and enforce legally binding
rules with criminal and civil liability. The financial sector regulator, the Financial
Conduct Authority (“FCA”), has delegated powers for rulemaking where they
produce a regulatory ‘handbook’, which they may amend as needed. This is a
publication that sets out the rules and guidance made by the FCA under the
Financial Services and Markets Act (“FSMA”) 2000 (as amended). This ensures
that rules can be updated faster and more easily than secondary legislation
scrutinised by Parliament allows. The FCA regulates its industry against a
framework of principles and rules that represent the minimum standards of
conduct they expect from firms and individuals, known as Threshold
Conditions.
B.1.2 A similar regulatory model is also used by the Prudential Regulatory Authority
(“PRA”), through the Bank of England. Established by the Financial Services
Act 2012, the PRA is responsible for the prudential regulation and supervision
of banks, building societies, credit unions, insurers and designated investment
firms. It does this by maintaining the PRA rulebook, which contains published
PRA policy, rules made and enforced by the PRA under powers conferred by
FSMA 2000, and guidance in the form of supervisory statements and
statements of policy. These are updated regularly using bespoke processes set
out in legislation and which involve consultation with the sector. These
processes allow for easier administrative corrections as well as more formal
legal changes.
Appendix C: International Comparators
Singapore
C.1.1 The Civil Aviation Authority of Singapore (“CAAS”) has a similar suite of tools to
the FCA and PRA and have been given a broad range of delegated powers to
implement international standards.
Brazil
C.1.2 In Brazil, the National Civil Aviation Agency ('Agência Nacional de Aviação'
("ANAC")), is an independent regulatory agency of the federal government
whose responsibilities include:
• Implementation of the Brazilian civil aviation policy;
• Implementation of international civil aviation rules and recommendations
in accordance with international agreements, treaties and conventions in
which Brazil takes part;

Aviation Safety Regulatory Framework Targeted Stakeholder Consultation

25
• Issue of rules and establishment of minimum flight safety, performance
and efficiency standards to be fulfilled by air services providers and
airport and aeronautical infrastructure providers, including equipment,
materials, products and processes and services supplied.  
C.1.3 Brazil has a governance structure similar to the UK in that the aviation regulator
is an independent regulator reporting to a Government Department.
The British Overseas Territories
C.1.4 In the British Overseas Territories (“OTs”), the legislation in place allows for
authorities in the territories to make regulations prescribing matters necessary
or convenient (for purposes). This has allowed the OTs to make use of
Overseas Territories Aviation Requirements (“OTARs”) to implement ICAO
SARPs, as these requirements are not required to pass through rigorous S.I.
drafting processes. These arrangements allow swift implementation of
international standards and provide an example of how such delegation could
be put into effect with the UK system.
The Bahamas
C.1.5 In 2021, The Bahamas made a change to their regulatory system to permit the
Director General of Civil Aviation (“DG”) and Civil Aviation Authority Bahamas
(“CAAB”) to make operating regulations. Under the Civil Aviation Authority Act
2021, it provides that it is a function of the CAA to "prepare and issue operating
regulations and procedures on aviation safety and security standards in
accordance with the Annexes", with Annex being defined in s.2 as an Annex to
the Chicago Convention (Civil Aviation Authority Act 2021 s.4(1)(i)).
C.1.6 The Act further requires the DG to be “responsible for the day-to-day
management of the Authority" and empowers them to "develop and issue
operating regulations for civil aviation in accordance with the Annexes for which
the Authority is responsible” (Civil Aviation Authority Act 2021 ss.15(1) and
17(1)). This has enabled them to respond agilely to ICAO updates.