The Air Navigation (Overseas Territories) (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Air Navigation (Overseas Territories) Order 2007 (referred to below as “the Order”). In addition to minor corrective amendments, the following changes are made:

(1) Articles 64 and 135 of the Order are supplemented by new provisions introducing a prohibition against the advertising of flights for the purpose of commercial air transport unless the advertiser, or the operator on whose behalf the advertisement is placed, holds either an air operators certificate issued by the Governor under article 64 or a foreign aircraft permit issued by the Secretary of State under article 135. These provisions are intended to facilitate action against the operators of aircraft who undertake illegal commercial air transport flights.

(2) In article 73, paragraph (8) is deleted as there is no longer a requirement to specify the performance limitations of certain categories of helicopter as these are detailed in the relevant parts of the Overseas Territories Aviation Requirements.

(3) Article 74 is replaced by a revised article to provide a clearer definition of the prohibition on the use of a single engine aeroplane for the purpose of commercial air transport at night or in instrument meteorological conditions.

(4) The amendment to article 104 is to align the conditions for the use of a notified Government aerodrome with the categories of aircraft operations set out in article 103(2).

(5) The insertion of the additional paragraph in article 105 is to enable a Governor to stipulate the level of rescue and fire fighting services available at an aerodrome that is not subject to certification under the provisions of paragraph 105(2) of the same article.

(6) The insertion of the additional paragraph in article 107 is for the purpose of providing a definition of an aerodrome licensed for public use.

(7) The amendment to article 141 is for the purpose of separating out from the area of safety the ability to ground a foreign aircraft that does not have a permit issued by the Secretary of State.

(8) The amendment to article 155 is to enable the Governor to publish requirements in respect of the provision of a meteorology service, the provision of an aeronautical information service, the publication of charts and the arrangements for undertaking search and rescue.

(9) The amendment to the definition of “authorised person” in article 156 is to include persons authorised by the Governor and the Secretary of State. This amendment also aligns with the changes to article 141 referred to under (7) above.

(10) The amendment to the definition of “State of the operator” is intended to make clear that the term as used in the Order is restricted to circumstances covered by an agreement for the transfer of responsibilities between the State of registry and the State of operator.

(11) A full regulatory impact assessment has not been produced for this instrument as no impact on the voluntary or private sector is foreseen.