The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

PART 5 U.K. Inspections, documents, records and information

Provision of information, documents and records and powers of the CAA U.K.

20.—(1) The CAA may by notice in writing require any operator to—

(a) provide to the CAA such information relating to the exposure of any crew member to cosmic radiation as the CAA may specify;

(b) cause to be produced to the CAA any document or record relating to the exposure of any crew member to cosmic radiation.

(2) An operator served with a notice under paragraph (1) must, within 14 days beginning with the day on which the notice was received—

(a) provide the specified information to the CAA;

(b) cause the document or record to be produced to the CAA; or

(c) where the operator is unable to provide the information or is unable to cause the document or record to be produced, inform the CAA and provide an explanation as to why.

(3) The CAA may inspect and copy any document or record which the CAA may require the operator to produce under paragraph (1).

Commencement Information

I1 Art. 20 in force at 7.8.2019, see art. 1

Right of access to aerodromes and other places U.K.

21.—(1) The CAA has the right of access at all reasonable times to any of the places mentioned in paragraph (2) in order to—

(a) inspect or copy any document or record for the purpose of monitoring compliance with the provisions of this Order; or

(b) inspect any equipment or software used, or intended to be used, in connection with the monitoring of a person's exposure to cosmic radiation.

(2) The places are—

(a) any aerodrome;

(b) any place where an aircraft has landed;

(c) any premises for the time being controlled by any operator;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) But access to a relevant area may be obtained only with the permission of the person in charge of the relevant area.

(4) “Relevant area” means any place where an aircraft has landed [F3 , or an aerodrome,] which is in the occupation of a visiting force or any department of the government of the United Kingdom.

Textual Amendments

F1 Art. 21(2)(d) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 14(a)

F2 Art. 21(2)(e) omitted (29.7.2021) by virtue of The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 14(a)

F3 Words in art. 21(4) substituted (29.7.2021) by The Space Industry Regulations 2021 (S.I. 2021/792), reg. 1(1), Sch. 7 para. 14(b)

Commencement Information

I2 Art. 21 in force at 7.8.2019, see art. 1

Prohibitions in relation to records U.K.

22.  A person must not—

(a) knowingly make, or procure or assist in the making of, any false entry in or material omission from a health record under article 15 (health records) or a record maintained under article 17 (records of exposure to cosmic radiation of classified crew); or

(b) destroy any such record during the period for which it is required under this Order to be retained.

Commencement Information

I3 Art. 22 in force at 7.8.2019, see art. 1

Duty on the CAA to communicate findings U.K.

23.  The CAA must communicate the findings of any inspection under this Order to the operator to whom the inspection relates within a reasonable period of the inspection being completed.

Commencement Information

I4 Art. 23 in force at 7.8.2019, see art. 1

CAA's power to determine an operator as not authorised U.K.

24.—(1) The CAA may determine that an operator is not authorised for the purposes of this Order.

(2) It may make a determination under paragraph (1)—

(a) pending due inquiry, if it has reasonable grounds to believe that the operator has failed to comply with a duty imposed by this Order;

(b) after due inquiry, if it is satisfied that the operator has failed to comply with a duty imposed by this Order—

(3) Where the CAA makes a determination under paragraph (1), it must—

(a) as soon as reasonably practicable after the date on which the determination was made, inform the operator concerned of the determination; and

(b) within a reasonable time of the date on which the determination was made, provide the operator concerned with written reasons for the determination.

(4) Where the CAA considers that an operator is complying, or substantially complying, with its duties under this Order, the CAA may rescind a determination made under paragraph (1) in relation to the operator.

(5) The operator concerned may apply to the CAA for a determination made under paragraph (1) to be rescinded.

(6) Such an application must be made in writing and include evidence that the operator did not fail to comply, is complying, or, as the case may be, substantially complying, with its duties under this Order.

Commencement Information

I5 Art. 24 in force at 7.8.2019, see art. 1

Obstruction of the CAA U.K.

25.  A person must not intentionally obstruct or impede the CAA while the CAA is exercising a power under this Order.

Commencement Information

I6 Art. 25 in force at 7.8.2019, see art. 1