Part I Air traffic
Chapter I Air traffic services
Restrictions
3 Restrictions on providing services.
1
A person commits an offence if he provides air traffic services in respect of a managed area.
2
But subsection (1) is subject to subsections (3) to (5).
3
Subsection (1) does not apply if the person—
a
is authorised by an exemption to provide the services, or
b
acts as an employee or agent of a person who is authorised by an exemption to provide the services.
4
Subsection (1) does not apply if the person—
a
holds a licence authorising him to provide the services, or
b
acts as an employee or agent of a person who is authorised by a licence to provide the services.
5
Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).
6
For the purposes of this section—
a
air traffic services are to be treated as provided at the place from which they are provided;
b
air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided.
7
A person who commits an offence under this section is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
8
No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of—
a
the Secretary of State, or
b
the CAA acting with his consent.