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.