SCHEDULES

SCHEDULE 11Amendment and enforcement regulations

PART 1Amendment of provisions that relate to offences

Amendments in consequence of relevant subordinate legislation

1

1

The power to make Air Navigation Orders includes power to make any amendment of this Act which is authorised by sub-paragraph (3) or (4).

2

The Secretary of State may by regulations make any amendment of this Act which is authorised by sub-paragraph (3) or (4).

3

The Order in Council or regulations may make such amendments of Schedule 8 as the appropriate authority considers appropriate for or in connection with—

a

maintaining the effect of a provision of that Schedule in a case where it would otherwise cease to be effective because of provision made in any relevant subordinate legislation; or

b

extending a provision of that Schedule to apply to an offence relating to unmanned aircraft under relevant subordinate legislation to which the provision does not already apply.

4

The Order in Council or regulations may make such amendments of section 14 and Schedule 9 as the appropriate authority considers appropriate for or in connection with—

a

maintaining the effect of a provision of that section or Schedule in a case where it would otherwise cease to be effective because of provision made in any relevant subordinate legislation;

b

extending a provision of that section or Schedule to apply to an offence relating to unmanned aircraft under relevant subordinate legislation to which the provision does not already apply; or

c

conferring, in consequence of provision made in any relevant subordinate legislation, a police power that corresponds to a power conferred by Schedule 9 as enacted.

5

For the purposes of sub-paragraph (4)(c) each of the following police powers “corresponds to a power conferred by Schedule 9 as enacted”—

a

a power to require a person who the constable has reasonable grounds for believing is or was the remote pilot of an unmanned aircraft for a flight (“A”)—

i

to provide information, documentation or other evidence relating to A's compliance with any requirement relating to A's competency to be the remote pilot of the unmanned aircraft for the flight;

ii

to provide information relating to the identity of a person who is or was the UAS operator of the unmanned aircraft, or made the unmanned aircraft available to A, for the flight;

iii

to provide information, documentation or other evidence relating to the existence of a consent which is or was required for the flight; or

iv

to provide information, documentation or other evidence relating to the application to the flight of an exemption from a requirement which would otherwise be applicable to the flight;

b

a power to require a person who the constable has reasonable grounds for believing is or was the UAS operator of an unmanned aircraft for a flight (“B”)—

i

to provide information, documentation or other evidence relating to B's compliance, as respects the flight, with any requirement relating to registration of B as the UAS operator of the unmanned aircraft;

ii

to provide information, documentation or other evidence relating to B's compliance, as respects the flight, with any requirement relating to registration of the unmanned aircraft;

iii

to provide information relating to the identity of a person who is or was the remote pilot of the unmanned aircraft for the flight;

iv

to provide information, documentation or other evidence relating to the existence of a consent which is or was required for the flight;

v

to provide information, documentation or other evidence relating to the application to the flight of an exemption from a requirement which would otherwise be applicable to the flight;

c

a power to require a person who is in possession of an unmanned aircraft to allow the constable to inspect it—

i

if the constable considers that the inspection would assist the constable in deciding whether any other power conferred by Schedule 9 is exercisable;

ii

for the purpose of checking whether a requirement to display any number, mark or information on the unmanned aircraft is being complied with.

6

The provision that may be made under sub-paragraph (4)(c) in connection with conferring a police power includes—

a

provision authorising a constable to use reasonable force in the exercise of the power;

b

provision for a person to be guilty of an offence if the person—

i

does not comply with a requirement imposed by a constable in the exercise of the power, or

ii

knowingly or recklessly provides a constable exercising the power with information, documentation or evidence that is false or misleading in a material respect.

7

In this paragraph—

  • “appropriate authority” means—

    1. a

      Her Majesty, in relation to an Air Navigation Order;

    2. b

      the Secretary of State, in relation to regulations;

  • “relevant subordinate legislation” means—

    1. a

      an Air Navigation Order;

    2. b

      regulations made under paragraph 3 of this Schedule;

    3. c

      regulations made under Article 57 or 58 of the UK Basic Regulation;

    4. d

      regulations made under Article 15 of the UK Implementing Regulation;

  • “remote pilot”, in relation to an unmanned aircraft, means a person (however described) conducting the flight of the unmanned aircraft (including a person who is a remote pilot within the meaning of the ANO 2016 — see Schedule 1 to the ANO 2016);

  • “UAS operator”, in relation to an unmanned aircraft, means a person (however described) who is the operator of the unmanned aircraft (including a person who is a UAS operator within the meaning of the ANO 2016 — see Schedule 1 to the ANO 2016).