Part 1: Airspace change proposals Policy Background
Airspace is the volume of space above ground level, extending as far as aircraft can fly. Airspace has to be managed so it can be used safely and efficiently. The UK’s airspace structure is set out in the UK’s Aeronautical Information Publication, 1 with there being five classes of airspace: A, C, D and E (which are controlled airspace, requiring clearance to enter) and G (which is uncontrolled airspace). Airspace changes can include proposals, for example, to amend airport flightpaths, to change the classification of particular airspace or to alter high-level flightpaths.
	A programme of airspace modernisation is underway to redesign the UK’s flightpaths to deliver quicker, quieter and cleaner journeys, and more capacity, for the benefit of those who use and are affected by UK airspace. It is being delivered by the aviation industry, with support from the independent regulator, the Civil Aviation Authority ("the CAA"), and from the Government, which is providing leadership and oversight of governance for the programme.
	There are particular challenges in the highly congested airspace of the south of the UK, where there is a high level of interdependence between airports sharing the same airspace. Due to the complex nature of this airspace, the Government expect airports in the region to bring forward coordinated airspace change consultations in the coming years. Indeed, many airports have already begun their airspace change proposals, ahead of public consultations on flightpath options, likely in 2022.
	Prior to the Act, there were no powers for the Government or the CAA to guarantee the progression of airspace change if an airport did not voluntarily participate in the airspace modernisation programme. That meant an airport could hold up another or several others, thereby delaying the programme. In addition, there were no effective levers to ensure the delivery of other airspace modernisation outcomes, such as those related to safety, capacity, management of noise impacts, air quality, fuel efficiency, improving access to airspace for all users (including where controlled airspace is no longer justified), military access, or to introduce new technology.
	In December 2018, the Government launched a consultation entitled "Aviation 2050 – the future of UK Aviation", Annex A of which was entitled "Legislation to enforce the development of airspace change proposals". 2 The Government response to this aspect of the consultation was published in October 2019, and confirmed the Government’s intention to bring forward legislation regarding airspace change proposals. 3
	Part 1 of the Act provides new powers for the Secretary of State (delegable to the CAA) to direct airports and other entities with functions relating to air navigation to progress ACPs, which will be linked to the CAA’s Airspace Modernisation Strategy.