SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 3REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH
Interpretation
19. In Parts 3 and 6—
“airport capacity declaration” means the parameters in relation to hourly runway capacity submitted by the airport operator for slot allocation in accordance with regulation 6 (coordination parameters) of the slots regulations;
“competent person” or “competent officer” means a person that has sufficient training and experience or knowledge to undertake monitoring and reporting;
“consultation period” means the period of 28 days starting on the date of the provision of the relevant report or plan unless another time period is agreed by the undertaker and the ESG;
“council regulation” means Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports as retained (and amended in UK domestic law) under the European Union (Withdrawal) Act 2018;
“existing capacity declaration” means—
in relation to a summer season, the last airport capacity declaration issued by the airport operator prior to the date of the submission of the Monitoring Report for a summer season; and
in relation to a winter season, the last airport capacity declaration issued by the airport operator prior to the date of the submission of the Monitoring Report for a winter season;
“existing number of allocated slots” means —
in relation to a summer season, the aggregate of the number of slots (in respect of the summer season in the year the Monitoring Report was submitted)—
which were eligible for historic precedence at the start of the season together with any slots that became eligible for historic precedence during the season (in each case as determined by the slot co-ordinator for the purposes of Article 8(2) of the council regulation); plus
any other slots allocated by the airport operator’s slot co-ordinator; and
in relation to a winter season, the aggregate of the number of slots (in respect of the winter season prior to the date the Monitoring Report was submitted)—
which were eligible for historic precedence at the start of the season together with any slots that became eligible for historic precedence during the season (in each case as determined by the slot co-ordinator for the purposes of article 8(2) of the council regulation); and
any other slots allocated by the airport operator’s slot co-ordinator,
in each case, excluding the number of exempt flights in the relevant season;
“green controlled growth framework” means the document certified by the Secretary of State as the green controlled growth framework for the purposes of the Order under article 50 and referenced in Schedule 9;
“Level 2 Plan” means a plan which sets out—
details of any proposed actions which are designed to avoid or prevent exceedances of a Limit; and
the proposed programme for the implementation of those actions;
“Level 1 Threshold” means, subject to sub-paragraph (2), each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;
“Level 2 Threshold” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;
“Limit” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access limit of that description identified in the green controlled growth framework;
“Mitigation Plan” means a plan which sets out—
details of the proposed mitigation and actions which are designed to remove exceedances of a Limit as soon as reasonably practicable; and
the proposed programme for the implementation of that mitigation and those actions;
“Monitoring Plans” means the following appendices to the green controlled growth framework—
appendix C: Aircraft Noise Monitoring Plan;
appendix D: Air Quality Monitoring Plan;
appendix E: Greenhouse Gases Monitoring Plan; and
appendix F: Surface Access Monitoring Plan,
or any variations to those plans approved under paragraph 22(5) (monitoring of permitted operations) of this Schedule;
“Monitoring Report” means a report submitted to the ESG containing monitoring and assessments, prepared by competent persons, of whether a Level 1 Threshold, Level 2 Threshold, or Limit have been exceeded in accordance with the Monitoring Plan;
“slots regulations” means the Airports Slot Allocation Regulations 2006(1);
“Technical Panel” means a forum of individuals and bodies who are able to provide suitable technical support to the ESG; and
“terms of reference” means—
for the ESG, the terms of reference in appendix A of the green controlled growth framework and any amendments agreed in accordance with paragraph 21(4) (Environmental Scrutiny Group) of this Schedule; and
for each Technical Panel, the terms of reference in appendix B of the green controlled growth framework and any amendments agreed in accordance with paragraph 21(9) (Environmental Scrutiny Group) of this Schedule.
(2) References to a Level 1 Threshold, Level 2 Threshold, and Limit are to be construed as references to those thresholds and Limits which may be revised in accordance with the green controlled growth framework and paragraph 26 (review of implementation of this Part) of this Schedule.
(3) References to the Civil Aviation 1982, or guidance associated with that Act, are, for the purposes of this Part, to be construed as a reference to those provisions or guidance as amended, substituted or replaced, and with such modifications as are required in those circumstances.
(4) The time periods in paragraphs 22 (monitoring of permitted operations), 24 (exceedance of a Level 2 Threshold), 25 (exceedance of a Limit) or 26 (review of implementation of this Part) of this Part apply unless another time period is agreed by the undertaker and the ESG or it is modified in accordance with the process in paragraph 26 (review of implementation of this Part) and references to the time period in those paragraphs are to be construed as references to any agreed or modified time periods.