Amendment of the Air Navigation Order 2005
2.—(1) The Air Navigation Order 2005(1) shall be amended as follows.
(2) After article 141 there shall be inserted—
“Directions to operators of aircraft to make data available
141A.—(1) The Secretary of State may give a direction to any person who is an operator of an aircraft referred to in paragraph (2) requiring him to take the action referred to in paragraph (3).
(2) The aircraft referred to in paragraph (1) is any aircraft which (alone or in combination with one or more other aircraft operated by the operator) is flown for the carriage of passengers from the United Kingdom (directly or via another country) to a country which is outside the European Economic Area and is specified in the direction.
(3) The action referred to in paragraph (1) is the making available electronically of data in respect of all passengers and crew on the aircraft or expected to be on the aircraft.
(4) A direction may be given in respect of—
(a)all aircraft,
(b)any aircraft, or
(c)any class of aircraft,
of which (at the time when the direction is given or at any subsequent time) the person is the operator and which is or are specified in the direction.
(5) A direction shall specify—
(a)the competent authorities of the country to whom the data are to be made available electronically; and
(b)the types of data to which the direction relates.
(6) A direction shall only have effect in relation to data which are collected and contained in the operator’s automated reservation system or departure control system.”
(3) In article 155(1)—
(a)after the definition of “Authorised person” there shall be inserted—
““Automated reservation system” means, in relation to an operator of an aircraft, the central reservation system of the operator which holds data relating to a flight booked by or on behalf of a passenger;”; and
(b)after the definition of “Declared distances” there shall be inserted—
““Departure control system” means, in relation to an operator of an aircraft, the system used by the operator to check passengers onto a flight;”.
(4) In Schedule 14, Part A, after the entry relating to article 137(1) and (3) (Management of aviation fuel at aerodromes), there shall be inserted—
“141A Operator’s obligation to make data available”.
S.I. 2005/1970, to which there are amendments which are not relevant to this Order in Council.