Draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026 Debate

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Department: Department for Transport

Draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026

Keir Mather Excerpts
Tuesday 9th June 2026

(6 days, 19 hours ago)

General Committees
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Keir Mather Portrait The Parliamentary Under-Secretary of State for Transport (Keir Mather)
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I beg to move,

That the Committee has considered the draft Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026.

It is a pleasure to serve under your chairship, Ms Lewell. Airport slots are permissions that allow airlines to take off and land at specific dates and times. They are a valuable resource at capacity-strained airports. The UK currently has nine such airports: the main five London airports as well as Birmingham, Bristol, Leeds Bradford and Manchester. The regulations are deemed necessary in the context of the ongoing conflict in the middle east, which continues to create disruption and uncertainty for the aviation sector. The Government have therefore designed a slots hand-back measure for the summer and winter 2026 seasons that allows airlines to return a proportion of their slots without losing the right to the same slots the following year. The regulations provide flexibility to manage genuine operational challenges and reduce the risk of last-minute cancellations.

The ongoing conflict in the middle east has created significant disruption to aviation. Airlines face longer flight paths, increased fuel costs and in some cases shifting passenger demand, particularly on routes affected by regional instability. Those developments remain unpredictable and continue to place pressure on the aviation sector. These pressures are outside the control of airlines but nevertheless affect their ability to operate as planned. Without intervention, airlines would not be able to respond effectively to known risks to their operations, and passengers could face last-minute cancellations and disruption at departure gates. The regulations respond directly to that uncertainty by providing limited, targeted flexibility while maintaining the overall integrity of the slot allocation system.

The regulations allow airlines to hand back up to 10% of their allocated slots at slot co-ordinated airports across the United Kingdom. Those are the UK’s busiest and most capacity-constrained airports, where demand for take-off and landing times exceeds available capacity. Airlines will be able to hand back slots without losing their historical entitlement to those same slots in the following equivalent season.

The 10% flexibility is split into two stages. Airlines may return up to 5% of their slots by a specified date in each season and a further 5% throughout the remainder of the season. To return slots under the regulations, airlines must give passengers at least 14 days’ notice if a flight is cancelled. This approach strikes a careful balance: it provides airlines with flexibility to adjust schedules in response to the impacts of the conflict in the middle east, while keeping passenger protections at the forefront. Importantly, the measure is strictly time-limited.

The draft instrument applies to England, Scotland and Wales. Airports are a devolved matter in relation to Northern Ireland, and there are currently no slot co-ordinated airports in Scotland, Wales or Northern Ireland.

The Government are grateful to the Secondary Legislation Scrutiny Committee for its careful consideration of this instrument. It raised some comments that I will briefly address. The 10% hand-back provision was consulted on and a range of views were received. Although many airlines argued for a higher threshold, no substantive evidence was provided. Ministers therefore concluded that 10% represents an appropriate and proportionate balance supported by the available evidence.

On passenger impact, the 14-day notice period aligns with previous slot alleviation measures. Where airlines return slots, passengers are protected under UK law and are entitled to a refund or re-routing. Wider rights, including compensation in some cases, are set out in aviation consumer protection rules. The existing justified non-utilisation of slots regime is reactive and does not support forward planning, increasing the risk of late cancellations, but this measure addresses that gap.

On the final points that were raised, the Government continue to monitor fuel supply closely and engage with industry, with UK airlines reporting no current shortages. The powers underpinning this instrument expire on 23 June 2026 under the Retained EU Law (Revocation and Reform) Act 2023. Replacement powers are being sought through the Civil Aviation (Consumer Protection and Regulatory Reform) Bill and any future use will depend on prevailing circumstances.

The Joint Committee on Statutory Instruments considered the regulation informally through the pre-laying scrutiny period. It will be considered by the Committee this Wednesday, and we are not expecting concerns to be raised.

The policy intent behind the measures is clear: to support a resilient aviation sector while protecting passengers and the environment. The regulations reduce the risk of unnecessary flights and remove the pressure to operate services purely to retain slots. They also help to protect connectivity, as airport slots underpin route networks built up over many years. Allowing airlines to retain their historical rights despite temporary disruption ensures that those connections can be restored when conditions stabilise. Finally, they support the financial stability of airlines. Without these measures, airlines could be forced to operate loss-making flights or risk losing valuable slots, neither of which would be beneficial for the sector or for passengers. I therefore commend the instrument to the Committee.

Jerome Mayhew Portrait Jerome Mayhew (Broadland and Fakenham) (Con)
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Thank you for chairing the Committee, Ms Lewell. I am grateful for the Minister’s explanation of what is essentially a pickle of the Government’s own making. We will not divide on the regulations because we recognise that there is a real problem that has to be solved. But rather than fiddling around with emergency statutory instruments to plug a gap, the real problem is the Government’s running down of the domestic energy sector and our ability to refine jet-grade oil and supply our airline industry.

We need to rejuvenate our energy sector, encouraging the investment and business conditions that will allow refineries to reopen. That is essential to manage the challenges posed by fuel shortages—I am thinking of Stanlow, Fawley, Pembroke and others. We have the ability to refine jet fuel in this country; we just need to expand it. The problem with the Government’s other policies on energy is that they are making it so expensive to operate energy-intensive businesses such as oil refining in this country that the industry has voted with its feet and left in a large percentage. We do not actually need less jet fuel than before the conflict in the middle east began. In fact, the spiralling cost of the carbon tax has meant that refineries are struggling to remain open. That will only increase our reliance on imports and make us vulnerable to geopolitical concerns around the strait of Hormuz.

If we want to support our oil refining sector, we must start by removing the additional costs, such as the carbon tax, while backing our North sea oil and gas industry to support the energy ecosystem that we rely on. That includes licences for new exploration and drilling. However, we have seen little evidence of that—in fact, quite the opposite in the case of the North sea, with the Government’s baffling legislative proposal on new licences.

Given the Government’s lack of commitment to tackling the fundamental issue, they have turned to these regulations, which have had the unfortunate consequence of dividing the opinions of airlines and airports. While airlines broadly support the proposals, we should acknowledge—as I hope the Minister will—the ongoing and significant concerns of airports. Those concerns have increased over the near two years of this Government’s rule, because of their mix of anti-business mandates and enormous increases to business rates, which have imposed significant costs on airports, even if they have managed to avoid the preposterous increases that were originally set out. The increases will create further challenges for regional airports, which face some of the steepest charges. We only have to look at Heathrow, which had an initial proposal of a 350% increase in its business rates.

The combination of measures has made airports wary, so it is unsurprising that they have concerns about the concept of an increased number of flights being cancelled under a new regime, with the cost of those empty slots being borne by the airports. I understand that this goes to the winter of 2027, though I think the Minister said June 2026. I may have misheard him, so perhaps he could clarify—

Keir Mather Portrait Keir Mather
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Winter 2026.

Jerome Mayhew Portrait Jerome Mayhew
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If we could have a bit more clarity on that, I would be grateful.

The director of the Airports Council International Europe went so far as to say:

“The UK Government is effectively handing airlines a carte blanche to cut services and not deliver their schedules, leaving passengers, communities and airports to bear the full brunt.”

Although I appreciate that there is a balance to be struck, that is a strong argument and deserves a direct response from the Minister about how he will maintain the balance through these regulations.

We all appreciate the importance of airport slot alleviation, particularly if there are significant fuel shortages, so I will not oppose the regulations today. Nevertheless, the proposals have been introduced in such a way that I think it is incumbent upon the Minister to address a few of the issues. That includes whether there are sufficient protections for travellers under the 14-day window, and whether he is confident that the system will work as intended and we will not see people’s holidays more disrupted than necessary over the summer period. In addition, I would be interested in hearing his rationale for extending the period into the winter when the peak period for flights is during the summer. Would it have been feasible to make changes at a later date, particularly if the Government get around to passing their Civil Aviation (Consumer Protection and Regulatory Reform) Bill in a more timely manner than they appear to be doing at the moment?

Ultimately, the Government are right to ensure that there is flexibility when there is a crisis, but we have been repeatedly told that there is not a jet fuel shortage. That is always liable to change, but those comments raise fair questions from the sector about the appropriateness of the regulations that the Government propose. I hope that the Minister can answer some of the concerns of airports, and, frankly, my concerns about the risk posed to the travelling public, so that there can be clarity about the necessity of these measures beyond the existing alleviation rules.

--- Later in debate ---
Keir Mather Portrait Keir Mather
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I thank the shadow Minister, the hon. Member for Broadland and Fakenham, and the Lib Dem spokesperson, the hon. Member for Sutton and Cheam, for their remarks. I will deal with each point they raised in turn.

First, on the question about timing asked by the hon. Member for Broadland and Fakenham, I confirm that the slot alleviation measures will be extended to winter 2026. I find his link to broader questions on the refining sector admirably creative, but I am not sure that they have a direct bearing on the measures that we are considering. Our domestic refineries are still able to produce kerosene and jet fuel to a solid and viable extent. I remind him that we are not passing these measures directly in response to a shortage of jet fuel, but to pre-empt any future shortages that may arise, even though we believe that the supply is currently as it should be.

I also remind the hon. Member that we implemented a similar pre-emptive framework during the covid-19 pandemic to deal with similar disruption. This is a measured approach to be able to manage any potential fluctuations in supply as they occur.

The hon. Members for Broadland and Fakenham and for Sutton and Cheam are right to point to the concerns raised by airports through the consultation and to consumer protections for the travelling public. I will address both of those points together. We very much recognise airports’ concerns about the potential impacts. That is why these measures are strictly temporary, limited in scope and affect only a small proportion of slots—up to 10%.

The hon. Member for Sutton and Cheam pointed to the fact that a lot of airlines thought that the figure should be higher. The Government took a different view to make sure that the impact on the airports sector is contained.

Allowing these regulations to reallocate slots that are handed back ensures that airport capacity is not wasted. That provides flexibility for airlines while ensuring that we have efficient use of airport infrastructure. We believe that 10% strikes the right balance.

On passenger protections, airlines are required to provide passengers with at least 14 days’ notice of any flight cancellations, but that is not the intention of this policy. It is designed so that airlines have a longer lead-in time to be able to see where potential disruption might lie, and to be able to reallocate those slots efficiently to protect the travelling public and ultimately give them more security and better forewarning about disruption, where it may occur.

Where UK law applies, if a flight is cancelled by the airline, passengers are entitled to a choice between a full refund or being re-routed under comparable transport conditions to their final destination at no extra cost.

The shadow Minister asked why winter, and why the measures do not extend just to the summer. There is an important point about using the retained EU law functions that we have now to ensure that we have a long-term approach to managing disruption across the rest of the year. As he pointed out, measures in the Civil Aviation (Consumer Protection and Regulatory Reform) Bill will provide us with greater flexibility on slot reform, which we can use going forward.

On the Lib Dem spokesperson’s points on JNUS—I have never said JNUS out loud before—the justified non-utilisation of slots is triggered when a fuel shortage is materially occurring. The regulations give us a forward look that allows us to build in contingencies well in advance, and not just when a fuel shortage reaches its bite point. That is why a longer-term approach is necessary, but he is right to hold my feet to the fire.

Luke Taylor Portrait Luke Taylor
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There is an interesting dynamic between the impact of a fuel crisis, which is likely to have quite a short lead time, and these regulations, which give almost a six-month warning. Does the Minister recognise the need for oversight of how the rules are used to ensure that this happens in response to a fuel crisis and not for business reasons, or to expand the flexibility given by the existing JNUS rules?

Keir Mather Portrait Keir Mather
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The Lib Dem spokesperson makes a valid point. The data shows that a lot of the cancellations we have seen, which so far have not been above average for UK aviation, have arisen to a large extent from people re-routing away from the middle east. We would expect these measures to be used only when disruption occurs directly in relation to fuel, but he is right to say that the Government need a proactive approach to monitoring hand-backs and how they are used. We will of course do that through consultation with industry stakeholders, such as airlines and AirportsUK. We will certainly keep a close watch on the implementation of the measures and make sure that that is done in the interests of the travelling public.

The regulations represent a practical and proportionate response to a period of uncertainty for the aviation sector. They protect passengers by enabling greater certainty and earlier communication. They will support airlines in maintaining viable and realistic schedules and will help to ensure that scarce airport capacity is used efficiently and responsibly. Above all, they demonstrate a forward-looking approach, acting early to prevent disruption rather than responding reactively. I hope that the Committee has found my answers informative and that it will join me in supporting this instrument.

Question put.