250.—(1) Unless paragraph (2) or (6) applies, an aircraft registered elsewhere than in the United Kingdom must not take on board or discharge any passengers or cargo in the United Kingdom where valuable consideration is given or promised for the carriage of such persons or cargo.
[F1(1A) The Secretary of State may decide, on the basis of the criteria in the Annex to Regulation 2111/2005, that if an air operator who has not been granted permission under paragraph (2) were to apply for it, that operator should not—
(a)be granted such permission;
(b)be granted such permission in relation to specified aircraft; or
(c)be granted such permission unless such permission is subject to specified conditions.
(1B) The Secretary of State may at any time, after reconsideration of the criteria in the Annex to Regulation 2111/2005, decide to revoke or amend a decision under paragraph (1A).
(1C) Where the Secretary of State makes a decision under paragraphs (1A) or (1B), the Secretary of State must notify both the CAA and the air operator concerned.
(1D) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (1C).]
(2) This paragraph applies if—
(a)the operator or charterer of the aircraft or the Government of the country in which the aircraft is registered has been granted permission to take on board or discharge any passengers or cargo in the circumstances described in paragraph (1) by—
(i)the Secretary of State; or
(ii)the CAA; and
(b)any conditions, to which such permission may be subject, are satisfied.
(3) Where the Secretary of State decides to determine an application for permission under paragraph (2), the Secretary of State must notify both the CAA and the applicant.
(4) The CAA must not determine an application for permission where the Secretary of State has notified the CAA pursuant to paragraph (3).
(5) In exercising a function under this article, the CAA must take account of any guidance given to it by the Secretary of State (including as to the circumstances in which the Secretary of State expects to determine an application for permission).
(6) This paragraph applies if—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an air operator's certificate has been issued to the operator of the aircraft pursuant to the Air Navigation (Overseas Territories) Order 2013.
(7) No operator or charterer of an aircraft in relation to which the prohibition in paragraph (1) applies may hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the United Kingdom where valuable consideration is given or promised except where that person reasonably believes that paragraph (2) or (6) will apply in relation to the relevant aircraft, operator or charterer by the time the relevant flight is made.
[F3(8) For the purposes of this article—
(a)“Regulation 2111/2005” means Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a list of air carriers subject to an operating ban within the United Kingdom and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EEC;
(b)“United Kingdom safety list” means the list established under Article 3 of Regulation 2111/2005.]
Textual Amendments
F1Art. 250(1A)-(1D) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 65(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 250(6)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(2); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 250(8) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 65(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Art. 250 restricted (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 52(2); 2020 c. 1, Sch. 5 para. 1(1)
250A—(1) This article applies to decisions of the Secretary of State—
(a)under article 250(1A); and
(b)under article 250(1B), to amend or revoke a decision under article 250(1A).
(2) The Secretary of State may make a decision to which this article applies after having given notice to the air operator concerned and having considered any representations made by that air operator.
(3) The Secretary of State may without notice make a decision to which this article applies for reasons of urgency, in which case paragraph (4) applies.
(4) Where this paragraph applies, the Secretary of State must consider any representations made subsequently by the air operator concerned, and in response to such representations may—
(a)confirm the decision made, with or without modification; or
(b)revoke the decision made.
(5) If acting under paragraph (4), the Secretary of State must act as soon as reasonably practicable.]
Textual Amendments
F4Art. 250A inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 66 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
251.—(1) If a permission granted under article 250(2) contains a tariff provision and the Secretary of State so requires, the operator or charterer of the aircraft concerned must file with the CAA the tariff which it proposes to apply on flights to which the said permission relates and the CAA must consider the proposed tariff and may approve or disapprove it.
(2) In this article, “tariff provision”—
(a)means a condition as to any of the following matters—
(i)the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under article 250(2) relates;
(ii)any additional goods, services or other benefits to be provided in connection with such carriage;
(iii)the prices, if any, to be charged for any such additional goods, services or benefits; and
(iv)the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo; and
(b)includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.
252.—(1) Subject to paragraph (2), an aircraft registered elsewhere than in the United Kingdom must not fly over the United Kingdom for the purpose of commercial operations unless—
(a)the CAA has granted permission to do so to the operator or charterer of the aircraft; and
(b)any conditions, to which such permission may be subject, are satisfied.
(2) This article does not apply to an aircraft—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)registered in a territory to which the Air Navigation (Overseas Territories) Order 2013 applies; or
(c)registered in the Isle of Man or Bailiwicks of Jersey or Guernsey.
Textual Amendments
F5Words in art. 252 heading substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 252(2)(a) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), regs. 1(2), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)