The Air Navigation (Overseas Territories) (Environmental Standards) Order 2014

PART I Preliminary

Citation and commencement

1.  This Order may be cited as the Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 and comes into force on 3rd December 2014.

Revocation

2.  The Air Navigation (Overseas Territories) (Environmental Standards) Order 2004(1) is revoked.

Interpretation

3.—(1) In this Order—

“ASSI” means Air Safety Support International Limited, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2nd January 2003;

“authorised person” means any person authorised by the Governor (whether by name or by class or description) either generally or in relation to a particular case or class of cases;

“competent authority” means, in relation to a Contracting State other than the Territory, the authority responsible under the law of that State for promoting the safety of civil aviation;

“Contracting State” means any State (including the United Kingdom) that is a party to the Convention on International Civil Aviation signed at Chicago on 7th December 1944;

“Governor” means the person for the time being administering the Government of the Territory and, in relation to such of the functions of the Governor under this Order as are specified in a designation made by the Governor under article 28, includes any person specified in that designation to carry out those functions;

“military aerodrome” means any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air forces or of any visiting force;

“military aircraft” means—

(a)

the naval, military or air force aircraft of any country;

(b)

any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(c)

any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“noise certificate” means a certificate issued by the Governor in accordance with article 4 or a certificate issued or validated in accordance with article 5;

“notified” means shown in any of the following publications for the time being in force and issued in the Territory whether before or after the coming into force of this Order, that is to say, ‘Notams (Notices to Airmen)’, ‘Aeronautical Information Publications’, “OTARs”, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with;

“OTAR” means Overseas Territories Aviation Requirements published by the Governor under article 27;

“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 a flight, or, if no such designation has been made, the person who for the time being is in charge of piloting the aircraft without being under the direction of any other pilot in the aircraft;

“prescribed” means prescribed by regulations made by the Governor;

“State of registry” means the Contracting State in which an aircraft is registered;

“Territory” has the meaning given in article 3(2);

“United Kingdom national” means a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (overseas), a British subject under the British Nationality Act 1981(2) or a British protected person within the meaning of that Act;

“Volume I of Annex 16” means the sixth edition - July 2011 of Volume I of Annex 16 to the Chicago Convention;

“Volume II of Annex 16” means the third edition - July 2008 of Volume II of Annex 16 to the Chicago Convention.

(2)   In the application of this Order to any territory listed in the Schedule, the expression “the Territory” in this Order means that Territory.

(1)

S.I. 2004/3337.

(2)

1981 c.61