Search Legislation

Advanced Search

The Air Navigation (Single European Sky) (Penalties) Order 2009

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Air Navigation (Single European Sky) (Penalties) Order 2009. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Citation and commencementU.K.

1.  This Order may be cited as the Air Navigation (Single European Sky) (Penalties) Order 2009 and comes into force on 1st September 2009.

InterpretationU.K.

2.—(1) In this Order—

[F1“air traffic flow management regulation” means Commission Regulation (EU) No 255/2010 laying down common rules on air traffic flow management;]

“authorised person” means the CAA, any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;

F2...

“the common requirements regulation” means [F3Commission Implementing Regulation (EU) No 1035/2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010];

“the interoperability regulation” means Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network M1;

“notified” has the same meaning as in [F4paragraph 1 of Schedule 1 to the Air Navigation Order 2016];

“the service provision regulation” means Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky M2.

(2) Expressions used in this Order that are defined in article 2 of Regulation (EC) No 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European sky M3 have the same meaning in this Order as in that Regulation.

(3) Other expressions used in this Order have the same meaning as in the service provision regulation.

Textual Amendments

Marginal Citations

M1O.J. No. L 96, 31.3.2004, p.26.

M2O.J. No. L 96, 31.3.2004, p.10.

M3O.J. No. L 96, 31.3.2004, p.1.

Provision of air navigation servicesU.K.

3.  A person must not provide any air navigation services without the certification required for the provision of such services by article 7.1 of the service provision regulation.

Provision of air traffic servicesU.K.

4.  Where the CAA designates an air traffic service provider to provide air traffic services on an exclusive basis within a specific airspace block under article 8.1 of the service provision regulation—

(a)it must ensure that the terms of that designation are notified, and

(b)no other air traffic services provider may provide air traffic services within that airspace block contrary to those notified terms.

Provision of meteorological servicesU.K.

5.  A person must not provide any meteorological services in airspace for which a provider of meteorological services has been notified as having been designated on an exclusive basis under article 9.1 of the service provision regulation, unless he is the designated provider.

Relations between service providersU.K.

6.  Air navigation service providers must not avail themselves of the services of other air navigation service providers that have not been certified F5... under article 7.1 of the service provision regulation.

Textual Amendments

Safeguards relating to the use of the [F6United Kingdom air traffic management system] U.K.

7.  A person must not make use of any system or constituent of the [F7United Kingdom air traffic management system] contrary to—

(a)a prohibition on its use, or

(b)a restriction on the area of its application,

established by the CAA under article 7.1 of the interoperability regulation and notified by it.

Textual Amendments

Compliance monitoringU.K.

8.—F8(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of monitoring compliance with the requirements laid down for the provision of air navigation services in the common requirements regulation, authorised persons have the right to undertake inspections and surveys using any of the powers described in article [F97] of that regulation.

(3) In order to facilitate inspections and surveys under [F10paragraph] (2) by an authorised person, an air navigation service provider must within a reasonable time after being requested to do so by an authorised person—

(a)cause to be produced to that person documents, records, data or other material relevant to the provision of air navigation services F11...;

(b)make available such facilities and equipment that he possesses that may reasonably be required by that authorised person for the purpose of examining or taking copies of or extracts from documents, records, data or other material relevant to the provision of air navigation services F12...; and

(c)provide such oral explanations as may be requested on site by that authorised person.

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offences in relation to documents, records and explanations etc.U.K.

9.—(1) A person must not, with intent to deceive—

(a)use any certificate or any designation issued or required by or under article 7, 8 or 9 of the service provision regulation which has been forged, altered, revoked or suspended, or to which he is not entitled;

(b)lend any certificate or any designation issued, having effect or required by or under article 7, 8 or 9 of the service provision regulation to, or allow it to be used by, any other person;

(c)make any false representation for the purpose of procuring for himself or any other person the issue of any such certificate or designation;

(d)make a declaration for the purpose of article 5.2 or 6.2 of the interoperability regulation that is false in any material particular; or

(e)on the occasion of an inspection or survey under article [F147] of the common requirements regulation F15..., provide false documents, records, data or other material or false oral explanations.

(2) In paragraph (1) a reference to a certificate or designation includes a copy or purported copy.

Textual Amendments

Obstruction of personsU.K.

10.  A person must not intentionally obstruct or impede an authorised person using any of the powers referred to in article [F168(2)] when undertaking an inspection or survey under that article.

Textual Amendments

PenaltiesU.K.

11.—(1) Any person who—

(a)fails to comply with any obligation imposed upon him under a designation made under article 8 of the service provision regulation;

(b)fails to formalise, notify or secure the required approval of any working relationship under article 10 of the service provision regulation;

(c)contravenes article [F176.1 or 6.2] of the common requirements regulation;

(d)fails to take the corrective action imposed upon him by the CAA under article [F186.3] of the common requirements regulation

is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

(2) Any person who fails to comply with any obligation imposed upon him by—

(a)articles 3, 4(b), 6 or 9, or

(b)article 8(3) F19...,

is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

(3) Any person who fails to comply with any obligation imposed upon him by—

(a)article 5, or

(b)a designation made under article 9 of the service provision regulation,

is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(4) Any person who fails to comply with any obligation imposed upon him—

(a)by articles 7 F20... or 10,

[F21(aa)by articles 6, 7, 8, 9.2, 10.2, 11.2 or 11.5 of the air traffic flow management regulation,]

(b)to provide [F22a] declaration of conformity or suitability for use as required by article 5.2 of the interoperability regulation,

(c)to provide [F23a] declaration of verification as required by article 6.2 of the interoperability regulation,

(d)to submit to the CAA the declaration referred to in sub-paragraph (c) together with the technical file as required by the said article 6.2, F24...

(e)to provide the CAA, within a reasonable time after being requested so to do, with such additional information as the CAA may require under the said article 6.2, [F25or]

[F26(f)by an implementing rule listed in the Schedule to this Order,]

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[F27(4A) Any local air traffic flow management unit who, when requested by an airport slot coordinator or a managing body of a coordinated airport, fails to provide to the person making the request the accepted fight plan of a flight operating at that airport, before that flight takes place, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

F28(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DefenceU.K.

12.  In any proceedings for an offence under article 11(1), (2), (3)(a), [F29(4)(a), (aa), (b), or (f), or (4A)] of this Order, it is a defence for the person charged to prove that person took all reasonable steps and exercised all due diligence to ensure that the article in question was complied with.

Textual Amendments

Offences by body corporateU.K.

13.—(1) Where a body corporate is guilty of an offence under this Order and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.

[F30ReviewU.K.

14.—(1) The Secretary of State must from time to time—

(a)carry out a review of The Air Navigation (Single European Sky) (Penalties) Order 2009,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

F31(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by [F32this Order],

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this [F33Order] must be published before 11th December 2018.

(5) Reports under this Order are afterwards to be published at intervals not exceeding five years.]

Textual Amendments

Judith Simpson

Clerk of the Privy Council

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: