Skip to main content
Loading…

Chamber and committees

Transport Committee

Report on the Legislative Consent Memorandum and supplementary Legislative Consent Memorandum for the Civil Aviation (Consumer Protection and Regulatory Reform) Bill

Introduction

  1. The Civil Aviation (Consumer Protection and Regulatory Reform) Bill was introduced by Lord Hendy in the House of Lords on 14 May 2026. 

  1. It had its second reading in the House of Commons on 9 September. The Committee Stage is scheduled begin on 20 October.

  1. A Legislative Consent Memorandum (LCM) was lodged on 3 September by Stephen Flynn, Cabinet Secretary for Economy, Tourism and Transport (LCM-S7-11). A supplementary Legislative Consent Memorandum (LCM-S7-11a) was subsequently lodged on 17 September. Both LCMs were referred to the Transport Committee for consideration and for it to report its views to Parliament.

  1. The LCMs are available on the Scottish Parliament website. 


Provisions of the Civil Aviation (Consumer Protection and Regulatory Reform) Bill

  1. The Bill and associated documents can be viewed on the UK Parliament website.

  1. The Bill contains measures intended to modernise the UK's aviation legislative framework to support economic growth, strengthen consumer protection, and ensure aviation safety regulation remains effective, agile, and aligns with international standards.

  1. It makes provision for the protection of purchasers and users of air transport and airport services; airspace change; air traffic and air navigation services; airport slots and schedules; aviation offences; and related matters. It also confers powers on the Civil Aviation Authority to make rules.


Legislative Consent Memorandum

  1. The Scottish Government's original LCM stated that, when introduced, the Bill did not contain any provisions requiring the consent of the Scottish Parliament. However, a non-government amendment (amendment 33), agreed to at Report Stage in the House of Lords, engages the legislative consent process because it makes provision within devolved competence.

  1. The amendment creates a new clause (clause 7) requiring the Secretary of State to conduct and publish a review of the impact of airport drop-off charges on users of airport services across the UK. The Scottish Government considers the amendment to relate to the operation and cost of private parking or vehicle access facilities, which are devolved matters.

  1. In its original LCM, the Scottish Government stated it was broadly content with the proposed review, as it would not produce binding recommendations and there is no obvious reason to exclude Scottish airports. However, discussions with the UK Government on the scope and implications of the amendment were ongoing and it was therefore not yet in a position to recommend legislative consent.


Supplementary Legislative Consent Memorandum

  1. The supplementary LCM states that the proposed review supports the National Transport Strategy, as airport drop-off charges can influence how people travel to and from airports and encourage more sustainable travel choices. The Scottish Government states that it is keen to ensure the review appropriately reflects circumstances at Scottish airports and takes account of environmental, transport connectivity, and consumer impacts. Following discussions between the Scottish and UK Governments, the UK Government confirmed that the Scottish Government would be involved in scoping the review.

  1. The Scottish Government therefore recommends that the Scottish Parliament give consent to clause 7 of the Bill.


Committee Consideration

Transport Committee

  1. The Committee took evidence from Stephen Flynn, Cabinet Secretary for Economy, Tourism and Transport, on the LCM and supplementary LCM, at its meeting on 30 September 2026.

  1. Committee members discussed issues relating to airport drop-off charges and parking that could be considered as part of the review provided for in the Bill. The Cabinet Secretary noted that these matters were for airport operators, and that any recommendations arising from the review would be non-binding.

  1. He stated that the Scottish Government was committed to working with the UK Government to ensure that Scottish circumstances and the interests of Scottish airports were taken into account in any review undertaken as a result of the Bill. He added that the Scottish Government would consider the outcome of the review when concluded.

  1. The Cabinet Secretary restated the Scottish Government's recommendation in the LCM that the Scottish Parliament give consent to clause 7 of the Bill.


Delegated Powers and Law Reform Committee Consideration

  1. Neither LCM engages the remit of the Delegated Powers and Law Reform Committee. As a result, that Committee has not considered them.


Conclusion

  1. The Committee notes the position of the Scottish Government, as set out by the Cabinet Secretary on 30 September.

  1. The Committee recommends that the Parliament agrees to the Legislative Consent Motion in the terms outlined in the Legislative Consent Memorandum.