The Air Navigation Order 2016

Article 274

SCHEDULE 14 REVOCATIONS AND SAVINGS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL ARRANGEMENTS

PART 1 Revocations and savings

1.  The instruments specified in column 1 of the table, with the reference in the corresponding entry in column 2 of the table, are revoked to the extent specified in the corresponding entry in column 3 of that table.

Column 1 Instrument Title	Column 2 Reference	Column 3 Extent of revocation
The Air Navigation Order 2009	S.I. 2009/3015	Whole instrument
The Air Navigation (Amendment) Order 2010	S.I. 2010/770	Whole instrument
The Air Navigation (Amendment) Order 2011	S.I. 2011/2432	Whole instrument
The Air Navigation (Amendment) Order 2012	S.I. 2012/1751	Whole instrument
The Air Navigation (Amendment) Order 2013	S.I. 2013/3169	Whole instrument
The Air Navigation (Amendment) Order 2014	S.I. 2014/508	Whole instrument
The Air Navigation (Amendment) (No. 2) Order 2014	S.I. 2014/1888	Whole instrument
The Air Navigation (Amendment) (No. 3) Order 2014	S.I. 2014/2920	Whole instrument
The Air Navigation (Amendment) (No. 4) Order 2014	S.I. 2014/3302	Whole instrument
The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015	S.I. 2015/912	Paragraph 4 of Schedule 5
The Air Navigation (Amendment) Order 2015	S.I. 2015/1768	Whole instrument

PART 2 Consequential amendments

CHAPTER 1 Primary legislation

Amendment of the Police Act 1997

2.  In the Police Act 1997(1)—

(a) in section 113A as it applies to Northern Ireland(2), for subsection (6D)(fff), substitute—

“(fff) an offence under article 240 or 241 of the Air Navigation Order 2016;”;

(b) for paragraph 23 of Schedule 8A(3), substitute—

“23.   An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of aircraft).”.

CHAPTER 2 Secondary legislation

SECTION 1 United Kingdom Statutory Instruments

Amendment of the Civil Aviation (Working Time) Regulations 2004

3.  In the Civil Aviation (Working Time) Regulations 2004(4)—

(a) in regulation 3—

(i) in the definition of “commercial air transport flight”, for “article 255(1) of the Air Navigation Order 2009”, substitute “paragraph 1 of Schedule 1 to the Air Navigation Order 2016”;

(ii) in the definition of “public transport”, for “article 260(2) of the Air Navigation Order 2009”, substitute “article 6(2) of the Air Navigation Order 2016”;

(iii) in the definition of “scheme”, for “article 145(1)(b) or 149(a) of the Air Navigation Order 2009”, substitute “article 175(1)(b) or 179(2)(a) of the Air Navigation Order 2016”;

(b) in regulation 10(2), for “a scheme referred to in article 145(1) or 149 of the Air Navigation Order 2009” (twice), substitute “a scheme referred to in article 175(1) or 179 of the Air Navigation Order 2016”.

Amendment of the Plant Protection Products (Sustainable Use) Regulations 2012

4.  In paragraph 7(e) of Schedule 2 to the Plant Protection Products (Sustainable Use) Regulations 2012(5), for “article 131(2) of the Air Navigation Order 2009”, substitute “article 91(2) of the Air Navigation Order 2016”.

Amendment of the Kentish Flats Extension Order 2013

5.  In the Kentish Flats Extension Order 2013(6)—

(a) in paragraph 5(e) of Part 3 to Schedule 1; and

(b) in paragraph 2(e) of Part 2 to Schedule 2,

for “Air Navigation Order 2009”, substitute “Air Navigation Order 2016”.

Amendment of the Wireless Telegraphy (Limitation of Number of Licences) Order 2014

6.  In paragraphs 7, 9, 14, 18 and 23 of Part 2 of Schedule 6 to the Wireless Telegraphy (Limitation of Number of Licences) Order 2014(7), for “Air Navigation Order 2009”, substitute “Air Navigation Order 2016”.

Amendment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

7.  In paragraph 9(4)(a) of Schedule 1 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014(8), for “article 6 (aircraft to be registered) of the Air Navigation Order 2009”, substitute “article 27 (application for the registration of an aircraft) of the Air Navigation Order 2016”.

Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015

8.  In the Town and Country Planning (General Permitted Development) (England) Order 2015(9)—

(a) in the definition of “aerodrome” in article 2(1)—

(i) for “article 255 of the Air Navigation Order 2009 (interpretation)”, substitute “paragraph 1 of Schedule 1 to the Air Navigation Order 2016”; and

(ii) for “article 255 of that Order”, substitute “paragraph 1 of Schedule 1 to that Order”;

(b) in paragraph U of Part 19 of Schedule 2, for “article 255 of the Air Navigation Order 2009”, substitute “paragraph 1 of Schedule 1 to the Air Navigation Order 2016”.

Amendment of the Rules of the Air Regulations 2015

9.  In the Rules of the Air Regulations 2015(10)—

(a) in rule 1(3) in Schedule 1, for “article 258 of the Air Navigation Order 2009”, substitute “article 5 of the Air Navigation Order 2016”; and

(b) in rule 2 in Schedule 1, for “articles 160(3) and 252(1) of the Air Navigation Order 2009”, substitute “articles 249(3) and 22(1) of the Air Navigation Order 2016”.

Amendment of the Air Navigation (Isle of Man) Order 2015

10.  In the Air Navigation (Isle of Man) Order 2015(11)—

(a) in article 68(1), for “article 132 of the Air Navigation Order 2009”, substitute “article 97 of the Air Navigation Order 2016”;

(b) in article 91(1), for “article 160 of the Air Navigation Order 2009”, substitute “article 249 of the Air Navigation Order 2016”; and

(c) in article 167(1), in the definition of “applied regulations”, for “Air Navigation Order 2009”, substitute “Air Navigation Order 2016”.

SECTION 2 Scottish Statutory Instruments

Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

11.  For paragraph 23 of Schedule A1 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(12), substitute—

“23.   An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of aircraft).”.

SECTION 3 Northern Ireland Statutory Rules

Amendment of Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

12.  In article 1A(4)(fff) of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(13), for “Article 137 or 138 of the Air Navigation Order 2009”, substitute “Article 240 or 241 of the Air Navigation Order 2016”.

Amendment of the Planning (General Permitted Development) Order (Northern Ireland) 2015

13.  In the definition of “airbase” in the “Interpretation Part 29” section of Part 29 of the Schedule to the Planning (General Permitted Development) Order (Northern Ireland) 2015(14), for “Article 255 of the Air Navigation Order 2009”, substitute “paragraph 1 of Schedule 1 to the Air Navigation Order 2016”.

Amendment of the Planning (General Development Procedure) Order (Northern Ireland) 2015

14.  In article 2(1) of the Planning (General Development Procedure) Order (Northern Ireland) 2015(15), in the definition of “licensed aerodrome”, for “Air Navigation Order 2009”, substitute “Air Navigation Order 2016”.

PART 3 Transitional arrangements

Log Books

15.  In respect of any log book kept under article 34 of the Air Navigation Order 2009 immediately before the commencement of this Order—

(a) such a log book may continue to be used to comply with the requirements of this Order;

(b) entries made in such a log book before the commencement of this Order must be retained as though they were entries made in accordance with the requirements of this Order; and

(c) entries in such a log book which were required to be made by the Air Navigation Order 2009 immediately before the commencement of this Order and which have not been so made continue to be required to be made.

Equipment of Non-EASA aircraft

16.  A non-EASA aircraft which, immediately before the commencement of this Order, was fitted with equipment in conformity with article 37 of the Air Navigation Order 2009 is deemed to meet the requirements of article 77 of this Order.

Instructor ratings

17.  An instructor rating held pursuant to the Air Navigation Order 2009 immediately before the commencement of this Order—

(a) is, for the purposes of this Order, deemed to be the equivalent instructor certificate issued under this Order;

(b) remains valid until—

(i) that rating would have ceased to become valid under the Air Navigation Order 2009, had that Order not been revoked; or

(ii) an equivalent instructor certificate issued under this Order would cease to be valid,

whichever is the sooner; and

(c) on the first occasion where revalidation or renewal is required in accordance with this Order, is to become an instructor certificate issued under this Order.

Aircraft markings

18.  An aircraft which, immediately before the commencement of this Order, bore markings in conformity with article 119 of the Air Navigation Order 2009 is deemed to meet the requirements of paragraph 7 of Schedule 5 or paragraph 6 of Part 1 of Schedule 6 of this Order.

Certificates of experience and test

19.  For the purposes of article 154(2), a certificate of experience or certificate of test obtained under the Air Navigation Order 2009 is to be treated as a certificate of revalidation until such time as—

(a) the holder next applies to the CAA for the renewal or variation of their licence; or

(b) the CAA requires a variation of the holder’s licence,

whichever is the earlier.

Medical declarations

20.—(1) For the purposes of article 163, a medical declaration which immediately before the commencement of this Order was valid under article 73A of the Air Navigation Order 2009—

(a) is to be treated as a declaration made in accordance with, and satisfying the requirements of, paragraph (3) of article 163; and

(b) subject to paragraph (4) of article 163, continues to be valid until the expiry of the relevant period mentioned in the table in paragraph (4) of article 73A of the Air Navigation Order 2009.

(2) In the application of article 163 to a medical declaration mentioned in sub-paragraph (1)—

(a) the reference in paragraph (4)(b) of that article to “paragraph (3)” is to be treated as though it read “article 73A of the Air Navigation Order 2009, had that article remained in force”; and

(b) the reference in paragraph (4)(c)(i) of that article to “paragraph (3)(a)(i)” is to be treated as though it read “article 73A(2)(a) of the Air Navigation Order 2009, had that article remained in force”.

(1)

1997 c.50.

(2)

Subsection (6D) was inserted in respect of Northern Ireland by S.R. (NI) 2014 No 100.

(3)

Schedule 8A was inserted by S.S.I. 2015/423.

(4)

S.I. 2004/756.

(5)

S.I. 2012/1657.

(6)

S.I. 2013/343.

(7)

S.I. 2014/774.

(8)

S.I. 2014/2936.

(9)

S.I. 2015/596.

(10)

S.I. 2015/840.

(11)

S.I. 2015/870.

(12)

S.S.I. 2013/50.

(13)

S.R. 1979/195.

(14)

S.R. 2015/70.

(15)

S.R. 2015/72.