The Air Navigation (Overseas Territories) (Environmental Standards) Order 2024

PART 1 Preliminary

Citation, commencement and extent

1.—(1) This Order may be cited as the Air Navigation (Overseas Territories) (Environmental Standards) Order 2024 and comes into force on 10th April 2024.

(2) This Order extends to the territories listed in the Schedule.

Revocations

2.  The following orders are revoked—

(a) the Air Navigation (Overseas Territories) (Environmental Standards) Order 2014(1);

(b) the Air Navigation (Overseas Territories) (Environmental Standards) (Amendment) Order 2015(2).

Interpretation

3.—(1) In this Order—

“the 2013 Order” means the Air Navigation (Overseas Territories) Order 2013(3);

“applicable emissions standards” means, in relation to an aircraft, the aircraft engine emissions standards specified in Parts 2 and 3 of Volume 2 of Annex 16 applicable to that aircraft and the applicable aeroplane CO₂ emissions standards specified in Part 2 of Volume 3 of Annex 16 applicable to that aircraft;

“applicable noise standards” means, in relation to an aircraft, the noise standards specified in chapters 2 to 6, 8 and 10 to 14 of Part 2 of Volume 1 of Annex 16 applicable to that aircraft;

“authorised person” means any person designated by the Governor under article 18;

“certificate of airworthiness” means a certificate issued under article 25(1) of the 2013 Order;

“competent authority” means, in relation to a Contracting State, the authority responsible under the law of that State for promoting the safety of civil aviation;

“Chicago Convention” means the Convention on International Civil Aviation signed in Chicago on 7th December 1944 and its Annexes(4);

“Contracting State” means any State, including the United Kingdom, which is a party to the Chicago Convention;

“emissions regulated aircraft” means an aircraft in respect of which there are applicable emissions standards;

“flight manual” means a document provided for an aircraft stating the limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements, and additional instructions and information necessary for the safe operation of the aircraft;

“Governor” means the person for the time being administering the Government of the Territory;

“military aerodrome” means any aerodrome in the Territory that is under the control of His Majesty’s naval, military or air forces, or of any visiting force;

“military aircraft” means—

(a)

the naval, military or air force aircraft of any country;

(b)

any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(c)

any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“noise certificate” means, in relation to aircraft registered in the Territory, a certificate issued under article 6(1), and in relation to aircraft registered outside of the Territory, a certificate issued or validated by the competent State of Registry;

“noise regulated aircraft” means an aircraft in respect of which there are applicable noise standards;

“operator” means, in relation to an aircraft, the person who at the relevant time has the management of that aircraft;

“pilot-in-command” means, in relation to an aircraft, the pilot designated by the operator as being in command and charged with the safe conduct of a flight, or, if no such designation has been made, the person who for the time being is in charge of piloting that aircraft without being under the direction of any other pilot in that aircraft;

“prescribed” means prescribed by regulations made under article 28;

“State of Registry” means the Contracting State in which an aircraft is registered;

“Volume 1 of Annex 16” means the eighth edition of Volume 1 of Annex 16 to the Chicago Convention, entitled “Aircraft Noise” and published in July 2017(5);

“Volume 2 of Annex 16” means the fifth edition of Volume 2 of Annex 16 to the Chicago Convention, entitled “Aircraft Engine Emissions” and published in July 2023(6);

“Volume 3 of Annex 16” means the first edition of Volume 3 of Annex 16 to the Chicago Convention, entitled “Aeroplane CO₂ Emissions” and published in July 2017(7).

(2) For the purposes of this Order, an aircraft is deemed to be in flight from the moment when it first moves under its own power for the purpose of taking off until it next comes to rest after landing, and “flight”, “fly” and cognate expressions are to be construed accordingly.

(3) In the application of this Order to any territory listed in the Schedule, the expression “the Territory” means that territory.

(1)

S.I. 2014/2926, amended by S.I. 2015/236.

(2)

S.I. 2015/236.

(3)

S.I. 2013/2870. There are amendments to the Order but none is relevant.

(4)

Treaty Series No. 8 (1953); Cmd 8742. An electronic copy of this Convention can be found at: http://www.icao.int/publications/Documents/7300_cons.pdf. A hard copy is available for inspection by appointment only under Catalogue Reference: HL/PO/JO/10/11/273/631 at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW and/or alternatively also by appointment only under Reference: BT 245/1862 at the National Archives, Kew, Richmond, TW9 4DU.

(5)

A copy of this can be accessed and viewed for free online at the International Civil Aviation Organization’s electronic library: https://elibrary.icao.int/reader/289652/&returnUrl%3DaHR0cHM6Ly9lbGlicmFyeS5pY2FvLmludC9leHBsb3JlO21haW5TZWFyY2g9MQ%3D%3D?productType=eBook. A hardcopy document is available for inspection by appointment only at the offices of the Civil Aviation Authority (“CAA”) Legal Department at either Aviation House, Beehive Ring Road, Crawley, West Sussex, RH6 0YR or at Westferry Circus, Canary Wharf, London, E14 4HD. Contact the CAA Legal Department in writing at either address or email [e-mail] to make an arrangement to view.

(6)

A copy of this can be accessed and viewed for free online at the International Civil Aviation Organization’s electronic library: https://elibrary.icao.int/reader/329839/&returnUrl%3DaHR0cHM6Ly9lbGlicmFyeS5pY2FvLmludC9leHBsb3JlO21haW5TZWFyY2g9MQ%3D%3D?productType=eBook. A hardcopy document is available for inspection by appointment only at the offices of the Civil Aviation Authority (“CAA”) Legal Department. For details see footnote (a) above.

(7)

A copy of this can be accessed and viewed for free online at the International Civil Aviation Organization’s electronic library: https://elibrary.icao.int/reader/265193/&returnUrl%3DaHR0cHM6Ly9lbGlicmFyeS5pY2FvLmludC9leHBsb3JlO21haW5TZWFyY2g9MQ%3D%3D?productType=eBook. A hardcopy document is available for inspection by appointment only at the offices of the Civil Aviation Authority (“CAA”) Legal Department. For details see footnote (a) above.