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The Air Navigation Order 2016, Section 104 is up to date with all changes known to be in force on or before 21 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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104.—(1) No person may hold anyone out (whether the person who is being held out is the same person as the one who is holding out or is another person) as being one who may offer flights in an aircraft registered in the United Kingdom for the purpose of public transport or commercial air transport unless the person being held out holds—
(a)in the case of a commercial air transport operation, a valid Part-CAT air operator certificate;
(b)in the case of a public transport flight, a valid national air operator's certificate or a valid Part-CAT air operator certificate; or
(c)in the case of an A to A commercial air transport aeroplane operation, a valid Part-CAT air operator certificate F1...
(2) Paragraph (1) does not apply where—
(a)the person being held out as offering such a flight has applied for a certificate which would authorise the flight in question in accordance with paragraph (1);
(b)the person holding out reasonably believes that the person being held out will hold such a certificate by the time the offered flight is made.
Textual Amendments
F1Words in art. 104(1)(c) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 29 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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