Air Traffic Management and Unmanned Aircraft Act 2021

PART 1 Amendment of provisions that relate to offences

Amendments in consequence of relevant subordinate legislation

1 (1) The power to make Air Navigation Orders includes power to make any amendment of this Act which is authorised by sub-paragraph (3) or (4).

(2) The Secretary of State may by regulations make any amendment of this Act which is authorised by sub-paragraph (3) or (4).

(3) The Order in Council or regulations may make such amendments of Schedule 8 as the appropriate authority considers appropriate for or in connection with—

(a) maintaining the effect of a provision of that Schedule in a case where it would otherwise cease to be effective because of provision made in any relevant subordinate legislation; or

(b) extending a provision of that Schedule to apply to an offence relating to unmanned aircraft under relevant subordinate legislation to which the provision does not already apply.

(4) The Order in Council or regulations may make such amendments of section 14 and Schedule 9 as the appropriate authority considers appropriate for or in connection with—

(a) maintaining the effect of a provision of that section or Schedule in a case where it would otherwise cease to be effective because of provision made in any relevant subordinate legislation;

(b) extending a provision of that section or Schedule to apply to an offence relating to unmanned aircraft under relevant subordinate legislation to which the provision does not already apply; or

(c) conferring, in consequence of provision made in any relevant subordinate legislation, a police power that corresponds to a power conferred by Schedule 9 as enacted.

(5) For the purposes of sub-paragraph (4)(c) each of the following police powers “corresponds to a power conferred by Schedule 9 as enacted”—

(a) a power to require a person who the constable has reasonable grounds for believing is or was the remote pilot of an unmanned aircraft for a flight (“A”)—

(i) to provide information, documentation or other evidence relating to A’s compliance with any requirement relating to A’s competency to be the remote pilot of the unmanned aircraft for the flight;

(ii) to provide information relating to the identity of a person who is or was the UAS operator of the unmanned aircraft, or made the unmanned aircraft available to A, for the flight;

(iii) to provide information, documentation or other evidence relating to the existence of a consent which is or was required for the flight; or

(iv) to provide information, documentation or other evidence relating to the application to the flight of an exemption from a requirement which would otherwise be applicable to the flight;

(b) a power to require a person who the constable has reasonable grounds for believing is or was the UAS operator of an unmanned aircraft for a flight (“B”)—

(i) to provide information, documentation or other evidence relating to B’s compliance, as respects the flight, with any requirement relating to registration of B as the UAS operator of the unmanned aircraft;

(ii) to provide information, documentation or other evidence relating to B’s compliance, as respects the flight, with any requirement relating to registration of the unmanned aircraft;

(iii) to provide information relating to the identity of a person who is or was the remote pilot of the unmanned aircraft for the flight;

(iv) to provide information, documentation or other evidence relating to the existence of a consent which is or was required for the flight;

(v) to provide information, documentation or other evidence relating to the application to the flight of an exemption from a requirement which would otherwise be applicable to the flight;

(c) a power to require a person who is in possession of an unmanned aircraft to allow the constable to inspect it—

(i) if the constable considers that the inspection would assist the constable in deciding whether any other power conferred by Schedule 9 is exercisable;

(ii) for the purpose of checking whether a requirement to display any number, mark or information on the unmanned aircraft is being complied with.

(6) The provision that may be made under sub-paragraph (4)(c) in connection with conferring a police power includes—

(a) provision authorising a constable to use reasonable force in the exercise of the power;

(b) provision for a person to be guilty of an offence if the person—

(i) does not comply with a requirement imposed by a constable in the exercise of the power, or

(ii) knowingly or recklessly provides a constable exercising the power with information, documentation or evidence that is false or misleading in a material respect.

(7) In this paragraph—

• “appropriate authority” means—

  (a)

  Her Majesty, in relation to an Air Navigation Order;

  (b)

  the Secretary of State, in relation to regulations;

• “relevant subordinate legislation” means—

  (a)

  an Air Navigation Order;

  (b)

  regulations made under paragraph 3 of this Schedule;

  (c)

  regulations made under Article 57 or 58 of the UK Basic Regulation;

  (d)

  regulations made under Article 15 of the UK Implementing Regulation;

• “remote pilot”, in relation to an unmanned aircraft, means a person (however described) conducting the flight of the unmanned aircraft (including a person who is a remote pilot within the meaning of the ANO 2016 — see Schedule 1 to the ANO 2016);

• “UAS operator”, in relation to an unmanned aircraft, means a person (however described) who is the operator of the unmanned aircraft (including a person who is a UAS operator within the meaning of the ANO 2016 — see Schedule 1 to the ANO 2016).

Parliamentary procedure

2 In the table in Part 2 of Schedule 13 to the Civil Aviation Act 1982, in the entry relating to section 60 (which sets out the Parliamentary procedure applicable to Air Navigation Orders), in the third column, after “section 60(3)(r)” (provision that is subject to affirmative resolution procedure) insert “or makes, under paragraph 1(1) of Schedule 11 to the Air Traffic Management and Unmanned Aircraft Act 2021, provision authorised by paragraph 1(3)(b) or (4)(b) or (c) of that Schedule;”.