Outside the single European market, where UK-designated airlines wish to operate more services than are available under the Air Services Agreement between the UK Government and the foreign government, there will be a position described as "scarce capacity". In this circumstance, it will be the role of the CAA to determine which of these airlines should be awarded the right to operate the available services on these capacity-constrained routes.
The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 provide that in order to operate commercially on a capacity-constrained route between the UK and any other state a Scarce Capacity Allocation Certificate is required. Any UK Air Transport Licence holder or Community air carrier licensed or established in the UK is entitled to apply for such a certificate. The decision to award the certificate rests with the CAA.
A decision to grant, refuse to grant, revoke or vary (otherwise than on the application of the holder) a Scarce Capacity Allocation Certificate will be made by at least one Member of the CAA. The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 set out the procedures for such a decision including provision for service of representations and a hearing.
Guidance & Legislation
Copes of the decisions made by the CAA in relation to the allocation of scarce capacity can be found here
For further information please contact:
Regulatory Policy Group
Civil Aviation Authority
Telephone: +44 (0)20 7453 6110