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Air Traffic Management and Unmanned Aircraft Act 2021

Type Public General Act

Publication 2021-04-29

Last updated 2026-03-03

State In force

Department Statute Law Database

Source legislation.gov.uk

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PART 1 — Airspace change proposals

Meaning of “airspace change proposal”

1

In this Part references to an “airspace change proposal” are to a proposal that—

(a) relates to managed airspace or the flight procedures or air traffic control procedures used within it, and

(b) is of a type that the CAA is required to develop procedures for dealing with by directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA).

Direction to progress airspace change proposal

2

(1) The Secretary of State may give a direction to a person involved in airspace change requiring the person to do one or more of the following—

(a) prepare an airspace change proposal or take steps towards the preparation of an airspace change proposal;

(b) submit an airspace change proposal to the CAA;

(d) review the operation of an airspace change proposal that has been implemented (having been approved).

(This is subject to subsection (4).)

(2) For the purposes of this Part, a person is involved in airspace change if the person is—

(a) an air navigation service provider,

(b) an airport operator, or

(3) Before giving a direction to a person under subsection (1) the Secretary of State must consult the person.

(4) The Secretary of State may give a direction under subsection (1) only if the Secretary of State considers that the direction will assist in the delivery of the CAA's airspace strategy.

(5) A direction given to a person under subsection (1) may require the person, in doing what the person is directed to do, to—

(a) act in accordance with procedures published by the CAA, and

(b) have regard to guidance published by the CAA concerning those procedures.

(6) A direction given to a person under subsection (1) may—

(a) require the person to do specified things by specified dates;

(b) require the person to keep the CAA informed at specified intervals of the progress being made towards doing what the person is directed to do.

(7) The references in subsection (5) to procedures and guidance published by the CAA are to procedures and guidance published by the CAA in accordance with directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA).

Direction to co-operate in airspace change proposal

3

(1) The Secretary of State may give a direction to a person involved in airspace change requiring the person to co-operate with another person involved in airspace change for the purpose of assisting that other person to do one or more of the following—

(a) prepare an airspace change proposal or take steps towards the preparation of an airspace change proposal;

(b) submit an airspace change proposal to the CAA;

(d) review the operation of an airspace change proposal that has been implemented (having been approved).

(This is subject to subsection (3).)

(2) Before giving a direction under subsection (1) the Secretary of State must consult—

(a) the person to whom the direction would be given, and

(b) the person with whom co-operation would be directed.

(3) The Secretary of State may give a direction under subsection (1) only if the Secretary of State considers that the direction will assist in the delivery of the CAA's airspace strategy.

(4) A direction under subsection (1) may require a person to co-operate in such ways as the Secretary of State considers appropriate including by—

(a) providing such information and documents as are reasonably requested by the person with whom co-operation is directed, and

(b) providing that information or those documents in such form (including, in the case of information, by answering questions orally or in writing) as is reasonably requested by the person with whom co-operation is directed.

(5) A direction given to a person under subsection (1) may—

(a) require the person to do specified things by specified dates;

(b) where the direction requires the person to provide such information and documents as are reasonably requested by the person with whom co-operation is directed, require the person to provide the information and documents by such date as the person with whom co-operation is directed reasonably requests;

(c) require the person to keep the CAA informed at specified intervals of the progress being made towards doing what the person is directed to do.

(6) If the person to whom a direction is given considers that a request for information or documents from the person with whom co-operation is directed is not a reasonable request (whether by virtue of what has been requested, the form in which it has been requested or the date by when it has been requested), the person to whom the direction is given may refer the request to the CAA.

(7) If a request is referred to the CAA under subsection (6), the CAA must—

(a) determine whether or not the request is a reasonable request, and

(b) give a notice of the determination to both persons referred to in subsection (6).

(8) A direction under subsection (1) may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

Directions under sections 2 and 3: supplemental

4

(1) A direction under section 2 or 3 must be given in writing.

(2) The Secretary of State may vary or revoke a direction under section 2 or 3 by giving a notice to the person to whom the direction was given.

(This is subject to subsection (4).)

(3) Before varying a direction under subsection (2) the Secretary of State must consult—

(a) in the case of a direction under section 2, the person to whom the direction was given, and

(b) in the case of a direction under section 3, the person to whom the direction was given and the person with whom co-operation was directed.

(4) The Secretary of State may vary a direction under subsection (2) only if the Secretary of State considers that the direction as varied will assist in the delivery of the CAA's airspace strategy.

(5) The Secretary of State must publish—

(a) a direction under section 2 or 3;

(b) a notice of variation or revocation under subsection (2).

(6) In so far as a direction under section 2 or 3 conflicts with the requirements of a direction under—

(a) section 14 of the Aviation Security Act 1982 (directions for purposes of protecting aircraft, aerodromes and air navigation installations against acts of violence),

(b) section 38 of the Transport Act 2000 (directions in interests of national security etc), or

the direction under section 2 or 3 is to be disregarded.

Delegation of functions to CAA

5

(1) The Secretary of State may delegate to the CAA the Secretary of State's functions under sections 2 to 4 by giving a notice to the CAA.

(2) In carrying out functions delegated to it under subsection (1), the CAA must have regard to any international obligation of the United Kingdom notified to the CAA by the Secretary of State for the purposes of this Part.

(3) The following provisions of the Civil Aviation Act 1982 are not to apply in relation to functions delegated to the CAA under subsection (1)—

(a) section 4 (general objectives of the CAA);

(b) section 7(1) (Secretary of State's power to prescribe functions not to be performed by a person on the CAA's behalf).

(4) The Secretary of State may revoke a delegation of functions under subsection (1) by giving a notice to the CAA.

(5) The CAA must publish a notice given to it under subsection (1) or (4).

Provision of information

6

In section 84 of the Civil Aviation Act 1982 (provision by others of information for the CAA and Secretary of State), in subsection (1)—

(a) after paragraph (d) insert—

(e) a person involved in airspace change within the meaning of Part 1 of the Air Traffic Management and Unmanned Aircraft Act 2021 (see section 2(2) of that Act),

;

(b) after paragraph (iii) insert—

(iv) in the case of such a person as is mentioned in paragraph (e) of this subsection, descriptions of information which is of a kind which the CAA considers that it requires for the purpose of performing any of its functions under Part 1 of the Air Traffic Management and Unmanned Aircraft Act 2021 or for the purpose of giving any advice, assistance or information to the Secretary of State in connection with the performance of any of the Secretary of State's functions under Part 1 of that Act.

Appeals and enforcement

7

(1) Schedule 1 makes provision for appeals against decisions to give or vary directions under sections 2 and 3.

(2) Schedule 2 makes provision for—

(a) the CAA to enforce directions, and

(b) connected appeals.

Part 1: interpretation

8

(1) In this Part—

“air navigation service provider” means a person who provides air traffic services within the meaning of Part 1 of the Transport Act 2000 (see section 98 of that Act) by virtue of—an exemption granted under section 4 of that Act, ora licence granted under section 6 of that Act;

“airport operator” has the same meaning as in the Airports Act 1986 (see section 82(1) of that Act);

“airspace change proposal” has the meaning given by section 1;

“the CAA” means the Civil Aviation Authority;

“the CAA's airspace strategy” means the strategy and plan (taken together) for the use of managed airspace that the CAA is required to prepare and maintain by directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA);

“managed airspace” means airspace above—the United Kingdom, andany area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to carry out activities with regard to air navigation.

(2) References in this Part to a person involved in airspace change are to be read in accordance with section 2(2).

(3) References in this Part to a notice are to a notice in writing.

(4) Where a person is required to publish something by this Part, the person must publish it in whatever form and manner the person considers appropriate for bringing it to the attention of persons likely to be affected by it.

PART 2 — Air traffic

9

(1) For section 11 of the Transport Act 2000 substitute—

(11) (1) The CAA may modify a licence by modifying the licence conditions. (2) Subsection (1) is subject to section 11B. (3) The Secretary of State may modify a licence— (a) by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined; (b) by modifying a prescribed term. (4) In this section “prescribed” means prescribed by regulations made by the Secretary of State. (11A) (1) Before modifying a licence in reliance on section 11, the modifying authority must— (a) publish a notice in relation to the proposed modification; (b) send a copy of the notice to the persons listed in subsection (2); (c) consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn). (2) The persons are— (a) the licence holder; (b) any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate; (c) any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate; (d) any bodies representing users of air transport services that the modifying authority considers appropriate; (e) where the modifying authority is the CAA, the Secretary of State; (f) where the modifying authority is the Secretary of State, the CAA. (3) The notice under subsection (1) must— (a) state that the modifying authority proposes to modify the licence; (b) specify the proposed modification; (c) give the modifying authority's reasons for the proposed modification; (d) state the effect of the proposed modification; (e) specify a reasonable period for making representations. (4) If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must— (a) publish a notice, giving its reasons; (b) send a copy of the notice to the persons listed in subsection (2). (5) If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must— (a) publish a notice in relation to the modification; (b) send a copy of the notice to the persons listed in subsection (2). (6) The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1). (7) The notice under subsection (5) must— (a) specify the modification; (b) specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1); (c) give the modifying authority's reasons for the modification; (d) state the effect of the modification; (e) state how it has taken account of any representations made in the period specified in the notice under subsection (1); (f) state the reasons for any differences between the modification and that set out in the notice under subsection (1). (8) The date specified under subsection (7)(b)— (a) in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1); (b) otherwise, must fall after the end of the period of 28 days beginning with that day. (9) In this section “modifying authority”— (a) in relation to a modification of a licence condition, means the CAA; (b) in relation to any other modification, means the Secretary of State. (11B) (1) The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so. (2) The CAA must— (a) publish a direction given to it under subsection (1); (b) send a copy of the direction to the persons listed in subsection (3). (3) The persons are— (a) the licence holder; (b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate; (c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate; (d) any bodies representing users of air transport services that the CAA considers appropriate.

(2) Omit sections 12 to 18 of that Act.

(3) Schedule 3 to this Act makes provision for appeals against modifications of licence conditions.

(4) Before Schedule 1 to the Transport Act 2000 insert the Schedule A1 (appeals under section 19A) set out in Schedule 4 to this Act.

Air traffic services licensed under Part 1 of the Transport Act 2000: enforcement

10

(1) Chapter 1 of Part 1 of the Transport Act 2000 is amended as follows.

(2) For section 20 substitute—

(20) Schedule B1 makes provision for— (a) the enforcement of the duties imposed by section 8 and licence conditions, and (b) connected appeals.

(3) Omit sections 21 to 24.

(4) For section 25 substitute—

(25) Schedule C1 makes provision— (a) to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1, (b) for enforcement in connection with the exercise of those powers, and (c) for connected appeals.

(5) After that section insert—

(25A) (1) The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission. (2) Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods. (25B) (1) This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1. (2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838. (3) The CAA may recover from any person as a debt due to the CAA— (a) the unpaid balance, and (b) any interest on the penalty that has not been paid. (4) Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund. (25C) (1) The CAA must prepare and publish a statement of its policy with respect to— (a) imposing penalties under this Chapter, and (b) determining their amount. (2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement. (3) When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed. (4) When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

(6) In section 34 (investigations), for subsections (1) and (2) substitute—

(1) A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition. (2) Where a representation is made to the CAA, the CAA may— (a) consider the representation; (b) investigate the alleged or apprehended contravention.

(7) After Schedule A1 (inserted by section 9) insert—

(a) the Schedule B1 (enforcement of duties under section 8 and licence conditions) set out in Schedule 5 to this Act;

(b) the Schedule C1 (information) set out in Schedule 6 to this Act.

Air traffic services: consequential amendments

11

Schedule 7 contains amendments that are consequential on sections 9 and 10.

Airport slot allocation

12

(1) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports is amended as follows.

(2) After Article 10a insert—

(1) The Secretary of State may by regulations amend or modify this Regulation or the Airports Slot Allocation Regulations 2006 (S.I. 2006/2665) to make provision about the allocation of airport slots to air carriers in respect of specified periods. (2) The Secretary of State may make regulations under this Article only if the Secretary of State considers that as a result of severe acute respiratory syndrome coronavirus 2— (a) there has been a reduction in the level of air traffic in a period compared to the corresponding period in a relevant previous year, and (b) the reduction is likely to persist. (3) The power to make regulations under this Article may not be exercised— (a) after 24 August 2024, or (b) in respect of a period after the winter season following 24 August 2024. (4) Regulations under this Article may, in particular, make provision— (a) requiring coordinators to consider slots allocated for a specified period as having been operated by the air carrier to which they were initially allocated, subject to any conditions as may be specified in the regulations being met; (b) modifying Articles 8(2), 10(2) and (4) and 14(6) of this Regulation to apply for a specified period as if they contained different percentage figures, subject to any conditions as may be specified in the regulations being met; (c) modifying Article 10(4) of this Regulation to apply for a specified period as if it included additional reasons on the basis of which non-utilisation of slots by an air carrier can be justified; (d) modifying Article 14 of this Regulation to apply for a specified period as if it included a power for the coordinator to withdraw slots from an air carrier for the remainder of a scheduling period where the coordinator determines that the air carrier has ceased its operations at the airport concerned and is no longer able to operate the slots allocated to it; (e) about enforcement of any provision made under this Article, including modifying for a specified period Article 14 of this Regulation or regulations 14 to 19 of the Airports Slot Allocation Regulations 2006; (f) modifying for a specified period any provision of this Regulation relating to the allocation of slots to new entrants (including the definition of new entrant); (g) modifying for a specified period any provision of this Regulation relating to coordination parameters. (5) In paragraph 2(a) “relevant previous year” means any previous year that the Secretary of State considers appropriate for the purposes of comparing levels of air traffic.

(3) In Article 13 (regulations)—

(a) after paragraph 1 insert—

(1a) A statutory instrument containing regulations under Article 10aa may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

;

(b) in paragraph 2, for “Regulations” substitute “ Any other regulations ”.

PART 3 — Unmanned aircraft

Powers of police officers and prison authorities

13

Schedule 8 makes provision about powers of police officers and prison authorities relating to unmanned aircraft.

Powers of police officers relating to ANO 2016

14

Schedule 9 makes provision about powers of police officers relating to requirements in the ANO 2016 and the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284).

Fixed penalties for certain offences relating to unmanned aircraft

15

Schedule 10 makes provision about fixed penalties for certain offences relating to unmanned aircraft.

Amendment and enforcement regulations

16

Schedule 11 confers powers to make amendment and enforcement regulations.

Disclosures of information

17

(1) Except as provided by subsection (2), a disclosure of information under a provision of this Part does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(2) Nothing in this Part authorises a disclosure of information which—

(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by this Part are to be taken into account), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3) Nothing in this Part limits the circumstances in which information may be disclosed apart from under this Part.

(4) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(5) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraph 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it included a reference to that Part.

Part 3: interpretation

18

In this Part—

“ANO 2016” means the Air Navigation Order 2016;

“subordinate legislation” means any instrument made or to be made—under an Act of Parliament, oron or after IP completion day under any assimilated direct legislation;

“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.

PART 4 — General

Regulations

19

(1) A power to make regulations under any provision of this Act includes power to—

(a) make different provision for different purposes or areas;

(b) confer functions on the Secretary of State or any other person;

(2) Regulations under this Act are to be made by statutory instrument.

(3) A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a) regulations under paragraph 12 of Schedule 2;

(b) the first regulations to be made under paragraph 2 of Schedule 10;

(d) regulations under paragraph 6 of Schedule 10 which contain provision amending or repealing provision contained in an Act of Parliament;

(e) regulations under paragraph 1(2) of Schedule 11 that make provision authorised by paragraph 1(3)(b) or (4)(b) or (c) of that Schedule;

(f) regulations under paragraph 3(1)(a) of Schedule 11.

(4) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section does not apply to regulations under section 21.

Extent

20

This Act extends to England and Wales, Scotland and Northern Ireland, except that section 12 (airport slot allocation) extends to England and Wales and Scotland only.

Commencement

21

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 7(2) and 13 to 15 and Schedules 2 and 8 to 10, but only for the purpose of making regulations;

(b) section 12;

(d) sections 17 and 18;

(e) this Part.

(2) Section 14 and Schedule 9 come into force for all other purposes at the end of the period of two months beginning with the day on which this Act is passed.

(3) Except as provided by subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint.

(4) Different days may be appointed for different purposes.

(5) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(6) The power to make regulations under subsection (5) includes power to make different provision for different purposes.

(7) Regulations under this section are to be made by statutory instrument.

Short title

22

This Act may be cited as the Air Traffic Management and Unmanned Aircraft Act 2021.

SCHEDULE 1

Appeals against decisions to give or vary directions

1

(1) A person who is given a direction under section 2 or 3 may appeal to the Tribunal against—

(a) the decision to give the direction;

(b) a decision to vary the direction.

(2) The making of an appeal under this paragraph suspends the effect of the direction or the variation (as the case may be) until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.

Decisions on appeal

2

(1) The Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(2) If the Tribunal allows the appeal, the Tribunal may set aside or confirm the direction or the variation (as the case may be).

(3) If the Tribunal does not allow the appeal, the Tribunal must confirm the direction or the variation (as the case may be).

(4) When deciding an appeal against a decision made by the CAA, the Tribunal must have regard to any international obligations which the CAA is required to have regard to under section 5(2).

Further appeals

3

(1) An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 2.

(2) An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal.

(3) An appeal may not be brought under this paragraph without the permission of—

(a) the Tribunal, or

(b) the appropriate court.

(4) In this paragraph “the appropriate court”—

(a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;

(b) in the case of an appeal from proceedings in Scotland, means the Court of Session.

Interpretation

4

In this Schedule “the Tribunal” means the Competition Appeal Tribunal.

SCHEDULE 2

PART 1 — Enforcement of directions

Contravention notices

1

(1) The CAA may give a notice under this paragraph (a “contravention notice”) to a person if the CAA has reasonable grounds for believing that the person has contravened a direction requirement.

(2) A contravention notice must—

(a) specify the direction requirement and contravention in respect of which it is given;

(b) explain the action that the CAA may take under this Schedule in connection with the contravention;

(c) explain that representations may be made about the matters in the notice before the end of the representation period.

(3) The CAA may extend the representation period on one or more occasions by giving a notice to the person.

(4) If the CAA withdraws a contravention notice, the CAA must give a notice to the person that includes its reasons for doing so.

(5) As soon as practicable after giving a notice under sub-paragraph (1), (3) or (4), the CAA must publish the notice.

(6) In this Schedule “representation period”, in relation to a contravention notice, means—

(a) the period of 14 days beginning with the day on which the contravention notice is given;

(b) where the period has been extended in accordance with sub-paragraph (3), the extended period.

Enforcement orders

2

(1) The CAA may give an order under this paragraph (an “enforcement order”) to a person if—

(a) the CAA has given the person a contravention notice (and has not withdrawn it),

(b) the representation period has ended,

(c) the CAA has considered any representations made before the end of that period (and not withdrawn) about the matters in the contravention notice, and

(d) the CAA has determined that the person has contravened a direction requirement specified in the contravention notice in one or more of the ways specified in the notice.

(2) An enforcement order must—

(a) specify the direction requirement and contravention in respect of which it is given;

(b) require the person to take the steps specified in the order to remedy the consequences of the contravention;

(d) explain that the CAA may impose a penalty on the person in accordance with this Schedule if the person fails to take the specified steps within the specified period;

(e) give the CAA's reasons for giving the order.

(3) As soon as practicable after giving an enforcement order, the CAA must publish the order.

Enforcement orders: modification and revocation

3

(1) The CAA may modify or revoke an enforcement order by giving a notice to the person to whom the order was given.

(2) The notice under sub-paragraph (1) must give the CAA's reasons for the modification or revocation.

(3) As soon as practicable after giving a notice under sub-paragraph (1), the CAA must publish the notice.

Penalty for contravention of enforcement order

4

The CAA may impose a penalty on a person if the CAA has determined that the person has contravened a requirement of an enforcement order.

Procedure after imposing a penalty

5

(1) As soon as practicable after imposing a penalty under paragraph 4, the CAA must—

(a) give a notice to the person on whom the penalty is imposed;

(b) publish the notice.

(2) The notice must—

(a) state that the CAA has imposed a penalty;

(b) state the amount of the penalty;

(d) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3) In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 8), the notice must specify—

(a) the day on which the daily amounts begin to accumulate;

(b) the day on which, or the circumstances in which, they cease to accumulate.

(4) As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate;

(b) publish the notice.

Amount of penalty

6

(1) The amount of a penalty imposed on a person under paragraph 4 must be the amount that the CAA determines to be—

(a) appropriate, and

(b) proportionate to the contravention for which it is imposed.

(2) The penalty may consist of either or both of the following—

(a) a fixed amount (see paragraph 7);

(b) a daily amount (see paragraph 8).

(3) In determining the amount of a penalty, the CAA must have regard, in particular, to any steps taken by the person on whom the penalty is to be imposed for contravening a requirement of an enforcement order towards—

(a) complying with, or remedying the consequences of the contravention of, the requirement of the order;

(b) complying with, or remedying the consequences of the contravention of, the direction requirement specified in the order.

Amount of penalty: fixed amount

7

A penalty imposed on a person under paragraph 4 must not consist of or include a fixed amount exceeding 10% of the person's turnover.

Amount of penalty: daily amounts

8

(1) A penalty imposed on a person under paragraph 4 must not consist of or include a daily amount exceeding 0.1% of the person's turnover.

(2) A daily amount is payable in respect of each day in a period specified by the CAA in the notice under paragraph 5.

(3) A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (4) and (5).

(4) The period must begin after the day on which the CAA gives the notice under paragraph 5.

(5) The period must end before—

(a) the day on which the person takes the steps specified under paragraph 2(2)(b) in the enforcement order, or

(b) if those steps are taken on different days, the last of those days.

Withdrawal of penalties

9

(1) If the CAA withdraws a penalty, the CAA must give a notice to the person on whom the penalty was imposed that includes its reasons for withdrawing the penalty.

(2) As soon as practicable after giving a notice under sub-paragraph (1), the CAA must publish the notice.

Recovering penalties

10

(1) This paragraph applies if all or part of a penalty imposed on a person under paragraph 4 is not paid within the period allowed for payment under the notice given in respect of the penalty under paragraph 5.

(2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from the person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty or interest under this Schedule must be paid into the Consolidated Fund.

Statement of policy on penalties

11

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) imposing penalties under this Schedule, and

(b) determining their amount.

(2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

(3) When imposing a penalty under this Schedule, or determining the amount of that penalty, the CAA must have regard to the last statement of policy published before the contravention in respect of which the penalty is to be imposed.

(4) When preparing or revising a statement of policy, the CAA must consult any persons that it considers appropriate.

Turnover

12

(1) For the purposes of paragraphs 7 and 8(1), a person's turnover is to be determined in accordance with regulations made by the Secretary of State.

(2) Regulations under this paragraph may, in particular, make provision as to—

(a) the amounts which are, or which are not, to be treated as comprising a person's turnover;

(b) the period by reference to which a person's turnover is to be determined;

(c) the circumstances in which a person's turnover may be determined by reference to estimated amounts (including amounts estimated by the CAA);

(d) the determination of a person's turnover (in whole or in part) by reference to accounting rules specified or described in the regulations.

PART 2 — Appeals

Appeals against enforcement orders

13

(1) A person may appeal to the Tribunal against—

(a) an enforcement order given to the person;

(b) a modification of an enforcement order given to the person.

(2) The appeal may be against one or more of the following—

(a) the decision to give the order;

(b) the decision as to the steps specified in the order;

(d) the decision to modify the order.

(3) The making of an appeal under this paragraph suspends the effect of the order or the modification (as the case may be) until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.

Appeals against penalties

14

(1) A person may appeal to the Tribunal against a penalty imposed on the person under paragraph 4.

(2) The appeal may be against one or more of the following—

(a) the decision to impose the penalty;

(b) the decision as to the amount of the penalty;

(c) in the case of a penalty calculated entirely or partly by reference to a daily amount, the decision as to the period during which the daily amounts accumulate;

(d) the decision as to the period allowed for payment of the penalty.

(3) Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.

Decisions on appeal

15

(1) The Tribunal may allow an appeal under paragraph 13 or 14 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(2) If the Tribunal allows an appeal under paragraph 13, the Tribunal may set aside or confirm the enforcement order or the modification (as the case may be).

(3) If the Tribunal does not allow an appeal under paragraph 13, the Tribunal must confirm the enforcement order or the modification (as the case may be).

(4) If the Tribunal allows an appeal under paragraph 14, the Tribunal may—

(a) set aside or confirm the penalty;

(b) vary the amount of the penalty;

(5) If the Tribunal does not allow an appeal under paragraph 14, the Tribunal must confirm the penalty.

Further appeals

16

(1) An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 15.

(2) An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal.

(3) An appeal may not be brought without the permission of—

(a) the Tribunal, or

(b) the appropriate court.

(4) In this paragraph “the appropriate court”—

(a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;

(b) in the case of an appeal from proceedings in Scotland, means the Court of Session.

PART 3 — Interpretation

Definitions

17

In this Schedule—

“contravention” means a failure to comply and related expressions are to be interpreted accordingly;

“contravention notice” has the meaning given in paragraph 1(1);

“direction requirement”, in relation to a person, means any requirement imposed on the person by a direction given under section 2 or 3;

“enforcement order” has the meaning given in paragraph 2(1);

“representation period”, in relation to a contravention notice, has the meaning given in paragraph 1(6);

“the Tribunal” means the Competition Appeal Tribunal.

SCHEDULE 3

After section 19 of the Transport Act 2000 insert—

SCHEDULE 4

This Schedule sets out the new Schedule A1 to the Transport Act 2000, to be inserted before Schedule 1 to that Act—

SCHEDULE 5

This Schedule sets out the new Schedule B1 to the Transport Act 2000, to be inserted after Schedule A1 to that Act (inserted by section 9 above)—

SCHEDULE 6

This Schedule sets out the new Schedule C1 to the Transport Act 2000, to be inserted after Schedule B1 to that Act (inserted by section 10 above)—

SCHEDULE 7

Transport Act 2000 (c.38)

1

(1) Section 7 of the Transport Act 2000 (licences: provisions) is amended as follows.

(2) Omit subsection (5).

(3) After subsection (6) insert—

(6A) A licence condition may include provision for its modification only if it specifies or describes— (a) the circumstances in which it may be modified, (b) the types of modification that may be made, and (c) the period or periods in which it may be modified. (6B) If a licence condition includes such a provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions. (6C) A term of a licence may be modified only in accordance with the provision made by this Chapter about modifying terms of a licence.

2

(1) Section 10 of that Act (breach of duties or conditions) is amended as follows.

(2) In subsection (1), in paragraph (b), for “condition of a licence” substitute “ licence condition ”.

(3) In subsection (2), for paragraph (b) substitute—

(b) the power to give a contravention notice; (c) the power to give an enforcement order or an urgent enforcement order, a duty to comply with the order and a power to bring proceedings in respect of the duty; (d) the power to impose a penalty under paragraph 9 or 10 of Schedule B1.

3

In section 19 of that Act (modification by order under other enactments), in subsection (1), for “conditions of a licence” substitute “ licence conditions ”.

4

(1) Section 28 of that Act (power to make air traffic administration order) is amended as follows.

(2) In subsection (4), for paragraph (b) substitute—

(b) no notice of withdrawal or revocation has been given under paragraph 1(8), 4(2) or 7(2) of Schedule B1 in relation to the contravention or apprehended contravention, and

(3) In subsection (5)—

(a) in paragraph (a), for “a final or provisional order” substitute “ an enforcement order or an urgent enforcement order ”;

(b) in paragraph (b), for “proceedings under section 23” substitute “ an appeal under section 19A ”.

(4) For subsection (7) substitute—

(7) In subsections (4) and (5)— - “section 8 duty” means a duty imposed on a licence holder by section 8; - “licence condition” means a condition of a licence holder's licence.

5

In section 30 of that Act (petitions and orders: supplementary), in subsection (3)(b), for “section 20 above” substitute “ Schedule B1 to this Act ”.

6

(1) Section 35 of that Act (register) is amended as follows.

(2) In subsection (3), in paragraph (c), for “the conditions of a licence” substitute “ licence conditions ”.

(3) In that subsection, for paragraph (g) substitute—

(g) the terms of every contravention notice; (h) the terms of every withdrawal of a contravention notice; (i) the terms of every enforcement order; (j) the terms of every urgent enforcement order that has been confirmed; (k) the terms of every modification or revocation of an enforcement order or urgent enforcement order.

7

(1) Section 40 of that Act (interpretation) is amended as follows.

(2) In subsection (1), after paragraph (a) insert—

(aa) air transport service; (ab) the CMA; (ac) contravention; (ad) contravention notice; (ae) enforcement order;

(3) In that subsection omit paragraph (b).

(4) In that subsection, after paragraph (d) insert—

(da) licence condition;

(5) In that subsection, after paragraph (h) insert—

(i) notice; (j) publication; (k) representation; (l) term of licence; (m) urgent enforcement order.

(6) For subsection (6) substitute—

(6) A licence condition is a provision of a licence which is expressed as a condition. (6A) A term of a licence is a provision of a licence which is not a licence condition.

(7) After subsection (7) insert—

(8) “Air transport service” and “user”, in relation to such services, have the meaning given in section 69(1) of the Civil Aviation Act 2012 (air transport services). (9) “The CMA” is the Competition and Markets Authority. (10) References in this Chapter to a notice are to a notice in writing. (11) Where a person is required to publish something by this Chapter, the person must publish it in whatever form and manner the person considers appropriate for bringing it to the attention of persons likely to be affected by it. (12) A representation includes an objection. (13) A contravention includes a failure to comply, and related expressions are to be read accordingly. (14) A contravention notice is a notice under paragraph 1 of Schedule B1. (15) An enforcement order is an order under paragraph 3 of Schedule B1. (16) An urgent enforcement order is an order under paragraph 5 of Schedule B1.

8

After section 40 of that Act insert—

(40A) (1) For the purposes of this Chapter one person is connected to another if they are group undertakings in relation to each other. (2) “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006). (3) The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Chapter, including provision amending or otherwise modifying subsections (1) and (2).

9

(1) Section 103 of that Act (orders and regulations) is amended as follows.

(2) In subsection (5)—

(a) before “51” insert “ 11, 19A, 40A, ”;

(b) after “94” insert “ , paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1 ”.

(3) In subsection (6), after “51” insert “ , and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1, ”.

(4) In subsection (9), after “section 6” insert “ or 11 ”.

10

In section 104 of that Act (directions), after subsection (2) insert—

(2A) But subsection (2) does not apply in the case of— (a) a direction given by the Competition and Markets Authority under section 19C; (b) a direction given by that Authority under paragraph 8 of Schedule A1 (see instead paragraph 8(4) of that Schedule); (c) a direction given by the Competition Appeal Tribunal under paragraph 20 of Schedule B1; (d) a direction given by that Tribunal under paragraph 8 of Schedule C1.

Enterprise and Regulatory Reform Act 2013 (c. 24)

11

In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Competition and Markets Authority), in paragraph 48(4)(c), after sub-paragraph (iib) insert—

(iic) Schedule A1 to the Transport Act 2000;

SCHEDULE 8

PART 1 — General powers of police officers

Power of constable to require an unmanned aircraft to be grounded

1

(1) A constable may exercise the power conferred by this paragraph if the constable has reasonable grounds for believing that a flight by an unmanned aircraft is taking place.

(2) The constable may require a person to ground the aircraft if—

(a) the constable has reasonable grounds for believing that the person is controlling the unmanned aircraft, and

(b) the constable has reasonable grounds for suspecting that the unmanned aircraft has been, is, or is likely to be, involved in the commission of an offence (including an offence under this Act).

(3) A person is guilty of an offence if—

(a) the person without reasonable excuse fails to comply with a requirement under this paragraph, and

(b) the person is controlling the unmanned aircraft.

(4) A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Power of constable to stop and search persons or vehicles

2

(1) A constable may exercise the power conferred by this paragraph if the constable is in a place to which the constable lawfully has access (whether or not it is a place to which the public has access).

(2) The constable may search—

(a) a person,

(b) a vehicle, or

if Condition A, Condition B or Condition C is satisfied.

(3) Condition A is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an unmanned aircraft or an article associated with an unmanned aircraft, and

(b) the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

(i) an offence under article 94A or 240 of the ANO 2016, ...

(ia) an offence under regulation 2(2) or 3(2) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284), or

(ii) any relevant prison offence.

(4) Condition B is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an unmanned aircraft or an article associated with an unmanned aircraft,

(b) the unmanned aircraft, or the article associated with an unmanned aircraft, is or has been involved in the commission of—

(i) an offence under article 239(4) of the ANO 2016,

(ii) a relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025, or

(iii) a relevant offence under article 265E(7) of the ANO 2016, and

(c) the commission of that offence involves or involved the use of the unmanned aircraft, or the article associated with an unmanned aircraft, for one or more of the following purposes—

(i) to endanger any other aircraft (whether or not an unmanned aircraft);

(ii) to cause any person harm, harassment, alarm or distress;

(iii) to undermine security or good order and discipline in any prison or in any other institution where persons are lawfully detained;

(iv) to damage property (including land or buildings);

(v) to threaten national security.

(5) Condition C is that the constable has reasonable grounds for suspecting that—

(a) the constable will find an article which is or has been involved in the commission of any relevant prison offence, and

(b) the commission of that offence involves or involved the use of an unmanned aircraft.

(6) A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to—

(a) an offence under any of these provisions of the ANO 2016—

(i) article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii) article 239(4) (prohibited or restricted flying);

(iii) article 240 (endangering safety of an aircraft);

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) an offence under any of these provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025—

(i) regulation 2(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

(ii) regulation 3(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

(b) a relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025;

(d) a relevant prison offence.

Power to enter and search premises under warrant

3

(1) If a justice of the peace is satisfied that there are reasonable grounds for believing that articles to which this paragraph applies are on any premises, the justice of the peace may issue a warrant authorising a constable to—

(a) enter and search the premises, and

(b) seize anything found there which the constable has reason to believe is such an article.

(2) This paragraph applies to an article if it is—

(a) an unmanned aircraft, or

(b) an article associated with an unmanned aircraft,

which has been involved in the commission of a relevant unmanned aircraft offence.

(3) The power to search conferred by sub-paragraph (1)(a) is only a power to search to the extent that is reasonably required for the purpose of discovering—

(a) an unmanned aircraft, or

(b) an article associated with an unmanned aircraft.

(4) In England and Wales, sections 15 and 16 of the Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this paragraph.

(5) In Northern Ireland, Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (execution of search warrants and safeguards) apply to warrants issued under this paragraph.

(6) In Scotland—

(a) a warrant under this paragraph may be issued on the application of a constable or a procurator fiscal;

(b) the application must be supported by evidence on oath;

(c) the person applying for the warrant must answer on oath any question that the justice of the peace, summary sheriff or sheriff hearing the application asks the person;

(d) in the case of an application made by a procurator fiscal, that requirement may be met by a constable;

(e) a warrant under this paragraph may authorise persons to accompany any constable who is executing it if the justice, summary sheriff or sheriff issuing the warrant is satisfied that their presence is likely to be helpful to the search;

(f) a person so authorised may exercise any power conferred by the warrant, but only in the company of, and under the supervision of, a constable.

(7) In the application of this paragraph to Scotland, for each reference to a justice of the peace (except those in sub-paragraph (6)) substitute references to a justice of the peace or a summary sheriff or a sheriff.

(8) In the application of this paragraph to Northern Ireland, for each reference to a justice of the peace substitute a reference to a lay magistrate.

Supplementary powers

4

(1) A constable may if necessary use reasonable force for the purpose of exercising a power conferred by this Schedule.

(2) In England and Wales, section 22(1) to (4) and (7) of the Police and Criminal Evidence Act 1984 (retention) apply to anything seized under this Schedule.

(3) In Northern Ireland, Article 24(1) to (4) and (7) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (retention) apply to anything seized under this Schedule.

(4) Sub-paragraphs (5) and (6) apply in relation to Scotland.

(5) Anything seized under this Schedule may be retained for as long as is necessary in all the circumstances and in particular—

(a) for use as evidence at a trial for a relevant unmanned aircraft offence, or

(b) for forensic examination or for investigation in connection with a relevant unmanned aircraft offence.

(6) An item may not be retained for either of the purposes mentioned in sub-paragraph (5) if a photograph or a copy would be sufficient for that purpose.

(7) The powers conferred by this Schedule are in addition to any power otherwise conferred.

Meaning of “relevant unmanned aircraft offence”

5

In this Schedule “relevant unmanned aircraft offence” means—

(a) an offence under this Act;

(b) any of these offences under the ANO 2016—

(i) an offence under article 94A(1) or 239(4) of the ANO 2016;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a relevant offence under article 265E(7) of the ANO 2016;

(iv) an offence under the law of Scotland which arises under any other provision of the ANO 2016 and relates to unmanned aircraft, except an offence which is triable only summarily;

(ba) an offence under regulation 2(2) or 3(2) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025;

(bb) a relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025;

(i) section 40C(2) or (3) of the Prison Act 1952;

(ii) section 34B(2) or (3) of the Prison Act (Northern Ireland) 1953;

(iii) section 41 or 41ZA of the Prisons (Scotland) Act 1989;

(d) a Scottish common law prison offence.

Meaning of “relevant offence under article 265B(3) of the ANO 2016”

6

In this Schedule “relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025” means an offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025—

(a) regulation 3(5)(a), (h), (i) or (j);

(b) regulation 3(6);

(c) regulation 3(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;

(d) regulation 3(7)(f), (g) or (i);

(e) regulation 3(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.

Meaning of “relevant offence under article 265E(7) of the ANO 2016”

7

In this Schedule “relevant offence under article 265E(7) of the ANO 2016” means an offence under article 265E(7) of the ANO 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of the ANO 2016—

(a) article 265E(2)(a)(vi), (vii) or (viii);

(b) article 265E(2)(b)(ix), (x) or (xi);

(d) article 265E(6).

Meaning of “relevant prison offence”

8

In this Schedule “relevant prison offence” means—

(a) an offence under any of these provisions of the Prison Act 1952—

(i) section 39 (assisting a prisoner to escape);

(ii) section 40B (conveyance etc of List A articles into or out of prison);

(iii) section 40C (conveyance etc of List B or C articles into or out of prison);

(iv) section 40CB (throwing articles into prison);

(b) an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—

(i) section 29(1) (assisting escape from lawful custody);

(ii) section 33 (facilitating escape by conveying things into prison);

(iii) section 34A (conveyance etc of List A articles into or out of prison);

(iv) section 34B (conveyance etc of List B or C articles into or out of prison);

(i) section 41 (unlawful introduction of proscribed articles into a prison);

(ii) section 41ZA (provision to and use by prisoners of personal communication devices);

(d) a Scottish common law prison offence.

Meaning of “Scottish common law prison offence”

9

(1) In this Schedule “Scottish common law prison offence” means—

(a) an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

(b) an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

(i) bringing, throwing or otherwise conveying anything into the institution;

(ii) causing another person to bring, throw or otherwise convey anything into the institution;

(iii) giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution).

(2) In this paragraph—

“penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;

“prisoner” means a person who is detained or imprisoned in such an institution.

Other interpretation

10

(1) In this Schedule—

“article associated with an unmanned aircraft” includes—any component, part or product of an unmanned aircraft, andany equipment, including an electronic device, relating to an unmanned aircraft;

“premises” includes any place and, in particular, includes—any vehicle;any offshore installation;any renewable energy installation (that expression having the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004);any tent or movable structure;

“property” includes land and buildings;

“vehicle” includes any vessel, aircraft (whether or not an unmanned aircraft) or hovercraft.

(2) A reference in this Schedule to a provision of subordinate legislation (whenever the reference is passed or made) is a reference to that provision as it has effect from time to time.

(3) Sub-paragraph (2) is subject to any contrary provision made in subordinate legislation.

PART 2 — Powers of police officers and prison authorities under Police Act 1997

Authorisations to interfere with property etc

11

(1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows.

(2) In subsection (2), in paragraph (a), for “serious crime” substitute

— (i) serious crime, or (ii) the use of an unmanned aircraft in the commission of a relevant offence

(3) After subsection (2AA) insert—

(2AB) Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(4) After subsection (2AB) insert—

(2AC) In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(5) After subsection (2AC) insert—

(2AD) In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(6) After subsection (2AD) insert—

(2AE) In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(7) In subsection (3), after paragraph (aa) insert—

(ab) if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;

(8) In subsection (3), after paragraph (da) insert—

(db) in the case of an England and Wales prison authorisation, by— (i) a prison officer, (ii) an officer of a young offender institution, (iii) an officer of a secure training centre, or (iv) an officer of a secure college, whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

(9) In subsection (3), after paragraph (db) insert—

(dc) in the case of a Northern Ireland prison authorisation, by— (i) a prison officer, or (ii) a member of custodial staff for a juvenile justice centre, whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;

(10) In subsection (3), after paragraph (dc) insert—

(dd) in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

(11) After subsection (4) insert—

(4A) For the purposes of subsection (2), “relevant offence” means— (a) an offence under any of these provisions of the Prison Act 1952— (i) section 39 (assisting a prisoner to escape); (ii) section 40B (conveyance etc of List A articles into or out of prison); (iii) section 40C (conveyance etc of List B or C articles into or out of prison); (iv) section 40CB (throwing articles into prison); (b) an offence under any of these provisions of the Prison Act (Northern Ireland) 1953— (i) section 29(1) (assisting escape from lawful custody); (ii) section 33 (facilitating escape by conveying things into prison); (iii) section 34A (conveyance etc of List A articles into or out of prison); (iv) section 34B (conveyance etc of List B or C articles into or out of prison); (c) an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution; (d) an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things— (i) bringing, throwing or otherwise conveying anything into the institution; (ii) causing another person to bring, throw or otherwise convey anything into the institution; (iii) giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution); (e) an offence under either of these provisions of the Prisons (Scotland) Act 1989— (i) section 41 (unlawful introduction of proscribed articles into a prison); (ii) section 41ZA (provision to and use by prisoners of personal communication devices); (f) an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes); (g) an offence under any of these provisions of the Air Navigation Order 2016— (i) article 94A (certain unmanned aircraft: permission for flights over or near aerodromes); (ii) article 239(4) (prohibited or restricted flying); (iii) article 240 (endangering safety of an aircraft); (iv) article 241 (endangering safety of any person or property); (v) article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators); (vi) article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots); (h) an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order— (i) article 265B(5)(a), (h), (i) or (j); (ii) article 265B(6); (iii) article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight; (iv) article 265B(7)(f), (g) or (i); (v) article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight. (4B) The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence. (4C) The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

(12) In subsection (5), after paragraph (ee) insert—

(ef) the Chief Constable of the Civil Nuclear Constabulary;

(13) In subsection (5), after paragraph (ha) insert—

(hb) a member of senior management for prisons in England and Wales— (i) whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and (ii) who is designated for the purposes of this paragraph by the Secretary of State;

(14) In subsection (5), after paragraph (hb) insert—

(hc) a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;

(15) In subsection (5), after paragraph (hc) insert—

(hd) a member of senior management for penal institutions in Scotland— (i) whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and (ii) who is designated for the purposes of this paragraph by the Scottish Ministers;

(16) In subsection (6), after paragraph (cb) insert—

(cbza) in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;

(17) In subsection (6), after paragraph (cba) insert—

(cbb) in relation to an England and Wales prison authorisation, means the area of— (i) a prison in England or Wales, (ii) a young offender institution in England or Wales, (iii) a secure training centre in England or Wales, or (iv) a secure college in England or Wales, together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

(18) In subsection (6), after paragraph (cbb) insert—

(cbc) in relation to a Northern Ireland prison authorisation, means the area of— (i) a prison in Northern Ireland, (ii) a young offenders centre in Northern Ireland, (iii) a remand centre in Northern Ireland, or (iv) a juvenile justice centre in Northern Ireland, together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

(19) In subsection (6), after paragraph (cbc) insert—

(cbd) in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;

(20) After subsection (7) insert—

(8) In this section— - “England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb); - “contracted out institution” means— 1. a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act), 2. a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or 3. a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule); - “contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force; - “member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them; - “member of senior management for penal institutions in Scotland” means a person— 1. who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and 2. whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions; - “member of senior management for prisons in England and Wales” means a person— 1. who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and 2. whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales; - “member of senior management for prisons in Northern Ireland” means a person— 1. who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and 2. whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland; - “Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc); - “Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland); - “penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016; - “prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953; - “prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution; - “relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates; - “relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates; - “relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates; - “Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd); - “Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989; - “unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.

12

(1) Section 94 of the Police Act 1997 (authorisations given in absence of authorising officer) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), omit the final “or”;

(b) after paragraph (b) insert—

(ba) in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;

(3) In subsection (1), after paragraph (ba) insert—

(bb) in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or

(4) In subsection (1), after paragraph (bb) insert—

(bc) in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.

(5) In subsection (2), after paragraph (dd) insert—

(de) where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;

(6) In subsection (2), after paragraph (fa) insert—

(fb) in the case of an England and Wales prison authorisation, by a person— (i) who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act), (ii) whose duties are exercisable in relation to the relevant England and Wales institution, and (iii) who is designated for the purposes of this paragraph by the Secretary of State;

(7) In subsection (2), after paragraph (fb) insert—

(fc) in the case of a Northern Ireland prison authorisation, by a person— (i) who is a member of the Northern Ireland Civil Service, (ii) whose duties are exercisable in relation to the relevant Northern Ireland institution, and (iii) who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

(8) In subsection (2), after paragraph (fc) insert—

(fd) in the case of a Scottish penal institution authorisation, by a person— (i) who is a member of staff of the Scottish Administration, (ii) whose duties are exercisable in relation to the relevant Scottish penal institution, and (iii) who is designated for the purposes of this paragraph by the Scottish Ministers;

(9) In subsection (4), after paragraph (b) insert—

(ba) in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;

(10) In subsection (4), after paragraph (ba) insert—

(bb) in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

(11) In subsection (4), after paragraph (bb) insert—

(bc) in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.

(12) After subsection (4) insert—

(4A) In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.

(13) After subsection (4A) insert—

(4B) In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.

(14) After subsection (4B) insert—

(4C) In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.

SCHEDULE 9

Provision by remote pilots of evidence of competency

1

(1) A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable—

(a) has reasonable grounds for believing that—

(i) a flight by an unmanned aircraft is taking place or has taken place, and

(ii) P is or was the remote pilot of the unmanned aircraft for the flight, and

(b) has reasonable grounds for suspecting that a relevant competency requirement is or was applicable as respects P and the unmanned aircraft and the flight.

(2) The constable may require P to provide such evidence as the constable considers reasonable of P's compliance, as respects the unmanned aircraft and the flight, with a relevant competency requirement.

(3) In this paragraph “relevant competency requirement” means a requirement imposed by, or referred to in —

(a) article 265E(2)(b)(ii) of the ANO 2016 (tethered small unmanned aircraft of 250g or more: competency);

(b) any of the following provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284)—

(i) regulation 3(5)(b) (open category: having the appropriate competency in the intended sub-category of flight);

(ii) regulation 3(5)(c) (open category: carrying proof of competency);

(iii) regulation 3(7)(b) (specific category: having the appropriate competency);

(iv) regulation 3(7)(c) (specific category: carrying proof of competency);

(v) regulation 3(8) (specific category: having the appropriate competency specified in the authorisation relating to the flight).

(4) P is guilty of an offence if—

(a) P fails to comply with a requirement imposed by a constable under this paragraph to provide evidence of P's compliance, as respects an unmanned aircraft and a flight, with a relevant competency requirement,

(b) P is or was the remote pilot of the unmanned aircraft for the flight, and

(5) A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Paragraph 10 includes a defence to the offence under this paragraph.

Provision by remote pilots of information about UAS operators

2

(1) A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable—

(a) has reasonable grounds for believing that—

(i) a flight by an unmanned aircraft is taking place or has taken place, and

(ii) P is or was the remote pilot of the unmanned aircraft, and

(b) has reasonable grounds for suspecting that a relevant registration requirement is or was applicable as respects the UAS operator for the unmanned aircraft and the flight.

(2) The constable may require P to provide such information as the constable considers reasonable as to the identity of—

(a) the person or persons who are or were the UAS operator for the flight, or

(b) the person or persons who made the unmanned aircraft available for use by P.

(3) In this paragraph “relevant registration requirement” means a requirement imposed by, or referred to in —

(a) any of the following provisions of the ANO 2016—

(i) article 265E(1)(a) (registration of tethered small unmanned aircraft ...);

(ii) article 265E(1)(b) (display of registration number of tethered small unmanned aircraft ...);

(b) any of the following provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025—

(i) regulation 2(5)(a) (open category: registration of UAS operator);

(ii) regulation 2(5)(b) (open category: display of UAS operator's registration number);

(iii) regulation 2(6)(a) (specific category: registration of UAS operator);

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Air Traffic Management and Unmanned Aircraft Act 2021

PART 1 — Airspace change proposals

Meaning of “airspace change proposal”

1

Direction to progress airspace change proposal

2

Direction to co-operate in airspace change proposal

3

Directions under sections 2 and 3: supplemental

4

Delegation of functions to CAA

5

Provision of information

6

Appeals and enforcement

7

Part 1: interpretation

8

PART 2 — Air traffic

Licensed air traffic services: modifying the licence and related appeals

9

Air traffic services licensed under Part 1 of the Transport Act 2000: enforcement

10

Air traffic services: consequential amendments

11

Airport slot allocation

12

PART 3 — Unmanned aircraft

Powers of police officers and prison authorities

13

Powers of police officers relating to ANO 2016

14

Fixed penalties for certain offences relating to unmanned aircraft

15

Amendment and enforcement regulations

16

Disclosures of information

17

Part 3: interpretation

18

PART 4 — General

Regulations

19

Extent

20

Commencement

21

Short title

22

SCHEDULE 1

Appeals against decisions to give or vary directions

1

Decisions on appeal

2

Further appeals

3

Interpretation

4

SCHEDULE 2

PART 1 — Enforcement of directions

Contravention notices

1

Enforcement orders

2

Enforcement orders: modification and revocation

3

Penalty for contravention of enforcement order

4

Procedure after imposing a penalty

5

Amount of penalty

6

Amount of penalty: fixed amount

7

Amount of penalty: daily amounts

8

Withdrawal of penalties

9

Recovering penalties

10