Consultation on CAA Exemptions Policy in support of Basic Regulation Article 71 amendment (UK Regulation (EU) 2018/1139)

Overview

Article 71 of Regulation UK (EU) 2018/1139 (the UK Basic Regulation) is a flexibility provision that allows the UK Civil Aviation Authority (CAA) to grant exemptions from the requirements of Chapter III of the Basic Regulation and the implementing regulations made under that Chapter (except from the Essential Requirements in the Annexes of the UK Basic Regulation).

Article 266 of the Air Navigation Order 2016 (the ANO) is a flexibility provision that allows the CAA to grant exemptions from the requirements of the ANO or any regulations made under it (apart from certain identified articles).

The CAA recently consulted on a proposal to amend Article 71 to amend the circumstances in which the CAA could grant an exemption from the UK Basic Regulation and the implementing regulations made under it. The consultation ran from 21 August 2025 to 30 September 2025. After considering the responses received and the CAA’s opinion, the Secretary of State decided to proceed with the proposed amendment to Article 71.  The Secretary of State proposes to lay the Statutory Instrument making that change before Parliament in January 2026.

The CAA is consulting on a draft policy framework on our proposed use of the proposed amended exemption power, to accompany the proposed change to the UK Basic Regulation. We also propose that this policy will apply to the CAA’s use of our power to exempt from Article of the ANO in Article 266 of the ANO as it is a materially similar power.

The details of the previous consultation can be viewed online.

This consultation

The CAA wishes to obtain stakeholder views and feedback on the proposed policy on the use of the CAA’s exemption powers under Article 71 of the UK Basic Regulation and Article 266 of the ANO.

Why your views matter

It is important to the CAA that everyone has an opportunity to voice their opinion on matters that could affect them. We committed to consult on this policy in our response to the Article 71 amendment consultation.

We welcome comments from every sector of the community. This includes the general public, government agencies and all sectors of the aviation industry, whether as an aviator, aviation consumer and/or provider of related products and services.

How to respond 

Responses to this consultation can be submitted no later than 24 December 2025.