The Air Navigation (Isle of Man) Order 2015

PART 26 Application of the Order

Extra-territorial effect of the Order

160.—(1) Except where the context otherwise requires, the provisions of this Order, in so far as they apply (whether by express reference or otherwise) —

(a) to aircraft registered in the Isle of Man, apply to such aircraft wherever they may be; and

(b) to such other aircraft when they are within the Isle of Man.

(2) Except where the context otherwise requires, the provisions of this Order in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything —

(a) by persons in, or by any of the crew of, an aircraft registered in the Isle of Man, apply to such persons and crew, wherever they may be;

(b) in relation to an aircraft registered in the Isle of Man by other persons, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.

(3) Nothing in this article is to be construed as extending to make a person guilty of an offence in a case in which it is provided by section 3(1) of the British Nationality Act 1948(1) that the person will not be guilty of an offence.

Application of Order to certain aircraft registered elsewhere

161.—(1) The Department may direct that such of the provisions of this Order and of any regulations having effect under this Order as may be specified in the direction have effect as if reference in those provisions to aircraft registered in the Isle of Man included references to the aircraft specified in the direction.

(2) A direction under paragraph (1) may only specify an aircraft registered elsewhere than in the Isle of Man but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Isle of Man.

Application of Order to the Crown

162.—(1) Subject to the provisions of this article, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.

(2) For the purposes of such application, the authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is to be taken to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article renders liable to any penalty an authority responsible on behalf of Her Majesty for the management of an aircraft.

Application of the Order to visiting forces

163.—(1) This article applies to the naval, military and air force authorities and members of a visiting force and any international headquarters and the members and property held or used for the purpose of such a force or headquarters.

(2) Except as otherwise expressly provided in this Order, every body and person and any property to which this article applies is exempt from the provisions of this Order and of any applied regulations to the same extent as if it formed part of the forces of Her Majesty raised in the Isle of Man and for the time being serving there.

Application of the Order to military aircraft

164.—(1) Except as otherwise provided by paragraph (2), and articles 91(2) and 93(7), nothing in this Order applies to or in relation to a military aircraft.

(2) If a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of that person’s duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the provisions specified in paragraph (3) apply to the flight.

(3) The provisions referred to in paragraph (2) are articles 73, 74 and 75 and in addition article 91 (so far as applicable) applies unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 550) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exceptions from application of provisions of the Order for certain classes of aircraft

165.—(1) This article applies to—

(a) a small balloon;

(b) a kite weighing not more than 2 kg;

(c) a small unmanned aircraft; and

(d) a parachute including a parascending parachute.

(2) Except as provided by paragraph (3), nothing in this Order applies to or in relation to an aircraft to which this article applies.

(3) Articles 74, 93, 94, 95, 147 except 147(2)(a) and 167 apply to or in relation to an aircraft to which this article applies.

Saving

166.—(1) Nothing in this Order confers a right to land in a place as against the owner of the land or any other persons interested in the land.

(2) Nothing in this Order obliges the Department to accept an application from the holder of a current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of the document, or for the grant of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

(1)

1948 c.56. Section 3(1) was amended by section 314(2) of and paragraph 22 of Schedule 13 to the Merchant Shipping Act 1995 (c.21).