Sanctions and Anti-Money Laundering Act 2018

6 Aircraft sanctions U.K.

(1) For the purposes of section 1(5)(d) regulations “impose aircraft sanctions” if they impose prohibitions or requirements for one or more of the following purposes—

(a) detaining disqualified aircraft (see subsection (6)) within the United Kingdom, or controlling the movement of disqualified aircraft within the United Kingdom and the airspace over the United Kingdom;

(b) ensuring that disqualified aircraft—

(i) do not overfly the United Kingdom, or

(ii) leave the airspace over the United Kingdom;

(c) preventing persons from owning, chartering or operating aircraft registered in a prescribed country;

(d) preventing aircraft from being registered in a prescribed country;

(e) preventing the registration of—

(i) aircraft in which a designated person (see section 9) holds a prescribed interest (or designated persons, taken together, hold a prescribed interest), or

(ii) aircraft chartered by demise to designated persons.

(2) For the purposes of section 1(5)(d) regulations also “impose aircraft sanctions” if they authorise directions within subsection (3), (4) or (5).

(3) Directions are within this subsection if they are given for a purpose mentioned in subsection (1)(a) or (b) and either—

(a) they are given by the Secretary of State to—

(i) the CAA,

(ii) a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services), or

(iii) an airport operator, or

(b) they are given to the operator or pilot in command of a disqualified aircraft by—

(i) the Secretary of State, or

(ii) a person mentioned in paragraph (a)(i), (ii) or (iii).

(4) Directions are within this subsection if they are given by the Secretary of State to the CAA for the purpose of terminating the registration of any aircraft mentioned in subsection (1)(e).

(5) Directions are within this subsection if they are given by the Secretary of State to the operator or pilot in command of a British-controlled aircraft for the purpose of preventing the aircraft from—

(a) overflying a prescribed country, or

(b) landing in a prescribed country.

(6) In this section “disqualified aircraft” means aircraft—

(a) owned, chartered or operated by—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country,

(b) registered in a prescribed country, or

(c) originating from a prescribed country.

(7) Provision authorising directions by virtue of subsection (2) may include provision—

(a) as to the effect of any such directions so far as they are inconsistent with requirements or permissions under any other enactment;

(b) requiring a person not to disclose any such directions if the Secretary of State notifies the person to that effect.

(8) For the purposes of this section any reference to the United Kingdom includes a reference to the territorial sea.

(9) In this section “aircraft”—

(a) subject to paragraph (b), includes—

(i) unmanned aircraft, and

(ii) aircraft capable of spaceflight activities;

(b) does not include the naval, military or air-force aircraft of any country.

(10) In this section—

• “airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 (see section 105(1) of that Act);

• “airport operator”, in relation to an airport, means the person by whom the airport is managed;

• “British-controlled aircraft” has the same meaning as in section 92 of the Civil Aviation Act 1982;

• “the CAA” means the Civil Aviation Authority;

• “enactment” includes an enactment mentioned in any of paragraphs (a) to (d) of section 54(6);

• “operator”, in relation to an aircraft, means the person having the management of the aircraft, and cognate expressions are to be construed accordingly;

• “pilot in command”, in relation to an aircraft, means the pilot designated by the operator as being in command and charged with the safe conduct of its flight, without being under the direction of any other pilot in the aircraft;

• “registration” means registration in the register of aircraft kept by the CAA.

Commencement Information

I1 S. 6 in force at 22.11.2018 by S.I. 2018/1213, reg. 2(a)