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1.—(1) These Regulations may be cited as the General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024 and come into force on 6th April 2024.
(2) These Regulations extend to the United Kingdom.
2.—(1) This regulation applies to an aircraft which—
(a)is expected to arrive in the United Kingdom, or
(b)is expected to leave the United Kingdom.
(2) Subject to paragraphs (3), (4) and regulation 3, a responsible person(1) in respect of an aircraft to which this regulation applies must supply the information specified in the Schedule to the Secretary of State in accordance with regulation 5.
(3) The information specified in the Schedule is not required where the owner or agent of the aircraft is subject to a written requirement to provide passenger or service information imposed by—
(a)an immigration officer under paragraph 27B(2) of Schedule 2 to the Immigration Act 1971(2) (passenger information), or
(b)a constable under section 32(2) of the Immigration Asylum and Nationality Act 2006 (passenger and crew information: police powers).
(4) The information specified in paragraphs 2(a)(v) to (viii) of the Schedule (particulars of persons on board) is not required for a British or Irish citizen on a flight arriving from or leaving for a location within the common travel area.
(5) Where a responsible person has supplied information under paragraph (2), if at any time prior to the aircraft’s expected arrival in, or departure from, the United Kingdom the flight is cancelled, the responsible person must inform the Secretary of State of the cancellation in accordance with regulation 5.
3.—(1) In this regulation, “military personnel” means—
(a)a member of His Majesty’s armed forces,
(b)a member of the armed forces of another country who is in, or expected to arrive in, the United Kingdom on the invitation of His Majesty’s Government,
travelling in the course of their service.
(2) The information specified in paragraph 2 of the Schedule (particulars of a person on board) is not required in respect of military personnel.
(3) The information specified in paragraph 3 of the Schedule (information which relates to a flight) is not required in respect of a flight with only military personnel on board.
4. The information required under regulation 2(2) must be supplied no earlier than forty-eight hours and no later than two hours prior to the aircraft’s expected departure for or from the United Kingdom.
5.—(1) The information required pursuant to regulation 2(2) must be supplied—
(a)via the online webservice which has been provided for this purpose by the Secretary of State on www.gov.uk; or
(b)via the applications or online systems listed on www.gov.uk as having been approved for use for this purpose by the Secretary of State.
(2) If it is not possible for the information to be supplied in accordance with paragraph (1)(a) because of a failure in the webservice provided pursuant to that paragraph the information may be supplied to the telephone number or email address provided for this purpose by the Secretary of State on www.gov.uk.
(3) A responsible person who supplies information under regulation 2(2) must be able to receive, during the relevant period, communications relating to that information from the Secretary of State via the telephone number or email address provided pursuant to paragraph 3(k) of the Schedule.
(4) The relevant period under paragraph (3) starts when a responsible person supplies the required information pursuant to regulation 2(2) and ends when the aircraft departs to, or from, the United Kingdom.
6.—(1) The Passenger, Crew and Service Information (Civil Penalties) Regulations 2015(3) are amended as follows.
(2) In regulation 2, before the definition of “authority-to-carry scheme” insert—
““2024 Regulations” means the General Aviation (Persons on Board, Flight Information and Civil Penalties) Regulations 2024;”
(3) In regulation 3—
(a)at the end of the heading insert “or the 2024 Regulations”; and
(b)after paragraph (5) insert—
“(5A) Paragraph (5B) applies to a person who is required to supply information under regulation 2(2) of the 2024 Regulations.
(5B) The Secretary of State may require the person to pay a penalty if satisfied that—
(a)the person has failed to supply the information by the time specified,
(b)the person has failed to supply the information in the form and manner specified,
(c)the person has failed to comply with a requirement of the 2024 Regulations to be able to receive communications sent by the Secretary of State.
(5C) In paragraph (5B) “specified” means specified in the 2024 Regulations.”.
(4) In regulation 4(4)(b), after “IA 1971” insert “or regulation 2(2) of the 2024 Regulations”.
Tom Pursglove
Minister of State
Home Office
4th April 2024
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