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104.—(1) An aircraft registered in a Contracting State other than the United Kingdom, or in a foreign country, shall not fly over the United Kingdom for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Secretary of State granted under this article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.
(2) Without prejudice to the provisions of article 72 of this Order or of paragraph (1), any breach by a person to whom a permission has been granted under this article of any condition to which that permission was subject shall constitute a contravention of this article.
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