The Air Navigation Order 2016

Provision of ... Air Operations Regulation	Subject matter
CAT.GEN.MPA.105(a) (7), (8), (10) and (12)	Responsibilities of pilot in command
CAT.GEN.MPA.195(a) to (e)	Preservation, production and use of flight recorder recordings
CAT.GEN.MPA.200(e)	Reporting of dangerous goods incidents and accidents
CAT.OP.MPA.175(b)	Flight preparation by pilot in command
CAT.OP.MPA.210(a)(1) and (2)	Flight crew to remain at station
CAT.OP.MPA.225	Crew and passengers to be secured
SPA.PBN.100	Requirement for Performance Based Navigation approval
SPA.MNPS.100	Requirement for Minimum Navigation Performance Specification approval
SPA.RVSM.100	Requirement for Reduced Vertical Separation Minimum approval
SPA.LVO.100	Requirement for low visibility operations approval
SPA.ETOPS.100	Requirement for extended range operations approval
SPA.NVIS.100	Requirement for night vision imaging systems approval for helicopter operations
SPA.HHO.100	Requirement for helicopter hoist operations approval
SPA.HEMS.100	Requirement for helicopter emergency medical service operations approval
SPA.HOFO.105	Approval for helicopter offshore operations

CHAPTER 5

Provision of ...Aerodromes Regulation	Subject matter
ADR.OR.B.005	Uncertificated operation of an ... aerodrome
ADR.OR.B.025(a)(1)	Failure to perform and document all required actions, inspections, tests, safety assessments or exercises
ADR.OR.B.030	Failure to comply with the scope and privileges defined in the terms attached to the aerodrome certificate
ADR.OR.B.040(c)	Failure to obtain prior approval for a change affecting the certificate or safety-critical aerodrome equipment or significantly affecting the aerodrome operator's management system, failure to operate under the conditions prescribed during such changes
ADR.OR.C 015	Failure to grant access to any facility, document or other material relevant to the activity subject to certification or declaration
ADR.OR.C 025	Failure to implement mandated safety measures
ADR.OR.E.005	Failure to establish and maintain an aerodrome manual
ADR.OPS.B.055	Failure to verify that organisations involved in storing and dispensing of fuel to aircraft have required procedures

CHAPTER 6

Provision of SERA	Subject matter
2005	Flight to be in accordance with rules of the air
2010(a)	Pilot in command to be responsible for the operation of the aircraft
3105	Aircraft not to be flown below minimum heights
3110	Aircraft to be flown at cruising levels
3135	Aircraft not to be flown in formation flights except under pre-arrangements made between the pilots in command
3140	Unmanned free balloons to be operated so as to minimise hazards
3145	Aircraft not to be flown in prohibited and restricted areas
3201	Pilot in command to be responsible for taking action to avoid collisions
3205	Aircraft not to be flown in such proximity as to cause a collision hazard
3210 (other than (d)(4)(i) and (ii))	Aircraft to comply with rules as to right of way
3215	Aircraft flying at night to display lights
3220	Aircraft not to be flown in simulated instrument flight unless fully functioning dual controls installed and a safety pilot carried on board
3225	Aircraft operating on or in the vicinity of an aerodrome to observe other aerodrome traffic and conform to the pattern of traffic at the aerodrome
3230	Aircraft conducting water operations to comply with rules for avoiding collisions
3301	Aircraft to comply with signals
4001	A flight plan to be submitted before specified categories of flight
4020	An arrival report to be made to the appropriate air traffic services unit after landing
5005 (other than (g) and (i))	Aircraft operated under Visual Flight Rules to be operated according to the specified Visual Flight Rules
5010	Additional conditions to be observed by aircraft when flying under special Visual Flight Rules in control zones
5015	Instrument Flight Rules – Rules to be complied with by aircraft when flying under Instrument Flight Rules
5020	Instrument Flight Rules – Rules to be complied with by aircraft when flying under Instrument Flight Rules within controlled airspace
5025	Instrument Flight Rules – Rules to be complied with by aircraft when flying under Instrument Flight Rules outside controlled airspace
6005	Aircraft operating in Class E airspace, Class F airspace or Class G airspace

CHAPTER 7

Provision of ... Aircrew Regulation	Subject matter
MED.A.020 (a) and (b)	Decrease in medical fitness

CHAPTER 8

Provision of Part-NCC	Subject matter
NCC.GEN.105	Crew responsibilities
NCC.GEN.106	Pilot in command responsibilities and authority
NCC.GEN.145	Preservation, production and use of flight recorder recordings
NCC.OP.100	Use of aerodromes and operating sites
NCC.OP.110	Aerodrome operating minima — general
. . .	. . .
NCC.OP.112	Aerodrome operating minima — circling operations with aeroplanes
NCC.OP.115	Departure and approach procedures
NCC.OP.116	Performance-based navigation — aeroplanes and helicopters
NCC.OP.125	Minimum obstacle clearance altitudes — IFR flights
NCC.OP.130	Fuel scheme – aeroplanes and helicopters
NCC.OP.131	Fuel scheme - fuel or energy planning and in-flight replanning policy - aeroplanes and helicopters
NCC.OP.135	Stowage of baggage and cargo
NCC.OP.140	Passenger briefing
NCC.OP.145	Flight preparation
NCC.OP.150	Take-off alternate aerodromes — aeroplanes
NCC.OP.151	Destination alternate aerodromes — aeroplanes
NCC.OP.152	Destination alternate aerodromes — helicopters
NCC.OP.153	Destination alternate aerodromes — instrument approach procedures relying on GNSS
NCC.OP.155	Refuelling with passengers embarking, on board or disembarking
NCC.OP.165	Carriage of passengers
NCC.OP.170	Securing of passenger compartment and galley(s)
NCC.OP.175	Smoking on board
NCC.OP.180	Meteorological conditions
NCC.OP.185	Ice and other contaminants — ground procedures
NCC.OP.190	Ice and other contaminants — flight procedures
NCC.OP.195	Take-off conditions
NCC.OP.200	Simulated situations in flight
NCC.OP.210	Use of supplemental oxygen
NCC.OP.220	Airborne collision avoidance system (ACAS)
NCC.OP.225	Approach and landing conditions
NCC.OP.230	Commencement and continuation of approach
NCC.POL.100	Operating limitations — all aircraft
NCC.POL.105	Mass and balance, loading
NCC.POL.110	Mass and balance data and documentation
NCC.POL.115	Performance — general
NCC.POL.120	Take-off mass limitations — aeroplanes
NCC.POL.125	Take-off — aeroplanes
NCC.POL.130	En-route — one engine inoperative — aeroplanes
NCC.POL.135	Landing — aeroplanes
NCC.IDE.A.100	Instruments and equipment — general
NCC.IDE.A.105	Minimum equipment for flight
NCC.IDE.A.110	Spare electrical fuses
NCC.IDE.A.115	Operating lights
NCC.IDE.A.120	Operations under VFR — flight and navigational instruments and associated equipment
NCC.IDE.A.125	Operations under IFR — flight and navigational instruments and associated equipment
NCC.IDE.A.130	Additional equipment for single-pilot operations under IFR
NCC.IDE.A.135	Terrain awareness warning system (TAWS)
NCC.IDE.A.140	Airborne collision avoidance system (ACAS)
NCC.IDE.A.145	Airborne weather detecting equipment
NCC.IDE.A.150	Additional equipment for operations in icing conditions at night
NCC.IDE.A.155	Flight crew interphone system
NCC.IDE.A.160	Cockpit voice recorder
NCC.IDE.A.165	Flight data recorder
NCC.IDE.A.170	Data link recording
NCC.IDE.A.175	Flight data and cockpit voice combination recorder
NCC.IDE.A.180	Seats, seat safety belts, restraint systems and child restraint devices
NCC.IDE.A.185	Fasten seat belt and no smoking signs
NCC.IDE.A.190	First-aid kit
NCC.IDE.A.195	Supplemental oxygen — pressurised aeroplanes
NCC.IDE.A.200	Supplemental oxygen — non-pressurised aeroplanes
NCC.IDE.A.205	Hand fire extinguishers
NCC.IDE.A.206	Crash axe and crowbar
NCC.IDE.A.210	Marking of break-in points
NCC.IDE.A.215	Emergency locator transmitter (ELT)
NCC.IDE.A.220	Flight over water
NCC.IDE.A.230	Survival equipment
NCC.IDE.A.240	Headset
NCC.IDE.A.245	Radio communication equipment
NCC.IDE.A.250	Navigation equipment
NCC.IDE.A.255	Transponder
NCC.IDE.A.260	Management of aeronautical databases
NCC.IDE.H.100	Instruments and equipment — general
NCC.IDE.H.105	Minimum equipment for flight
NCC.IDE.H.115	Operating lights
NCC.IDE.H.120	Operations under VFR — flight and navigational instruments and associated equipment
NCC.IDE.H.125	Operations under IFR — flight and navigational instruments and associated equipment
NCC.IDE.H.130	Additional equipment for single-pilot operations under IFR
NCC.IDE.H.145	Airborne weather detecting equipment
NCC.IDE.H.150	Additional equipment for operations in icing conditions at night
NCC.IDE.H.155	Flight crew interphone system
NCC.IDE.H.160	Cockpit voice recorder
NCC.IDE.H.165	Flight data recorder
NCC.IDE.H.170	Data link recording
NCC.IDE.H.175	Flight data and cockpit voice combination recorder
NCC.IDE.H.180	Seats, seat safety belts, restraint systems and child restraint devices
NCC.IDE.H.185	Fasten seat belt and no smoking signs
NCC.IDE.H.190	First-aid kit
NCC.IDE.H.200	Supplemental oxygen — non-pressurised helicopters
NCC.IDE.H.205	Hand fire extinguishers
NCC.IDE.H.210	Marking of break-in points
NCC.IDE.H.215	Emergency locator transmitter (ELT)
NCC.IDE.H.225	Life-jackets
NCC.IDE.H.226	Crew survival suits
NCC.IDE.H.227	Life-rafts, survival ELTs and survival equipment on extended overwater flights
NCC.IDE.H.230	Survival equipment
NCC.IDE.H.232	Helicopters certified for operating on water — miscellaneous equipment
NCC.IDE.H.235	All helicopters on flights over water — ditching
NCC.IDE.H.240	Headset
NCC.IDE.H.245	Radio communication equipment
NCC.IDE.H.250	Navigation equipment
NCC.IDE.H.255	Transponder
NCC.IDE.H.260	Management of aeronautical databases

CHAPTER 9

Provision of Part-NCO	Subject matter
NCO.GEN.105 (except paragraph (a)(5))	Pilot in command responsibilities and authority
NCO.GEN.106	Pilot in command responsibilities and authority — balloons
NCO.OP.100	Use of aerodromes and operating sites
NCO.OP.110	Aerodrome operating minima — aeroplanes and helicopters
NCO.OP.111	Aerodrome operating minima — 2D and 3D approach operations
NCO.OP.112	Aerodrome operating minima — circling operations with aeroplanes
NCO.OP.115	Departure and approach procedures — aeroplanes and helicopters
NCO.OP.116	Performance-based navigation — aeroplanes and helicopters
NCO.OP.125	Fuel, energy and oil supply - aeroplanes or helicopters
. . .	. . .
NCO.OP.127	Fuel and ballast supply and planning — balloons
NCO.OP.130	Passenger briefing
NCO.OP.135	Flight preparation
NCO.OP.140	Destination alternate aerodromes — aeroplanes
NCO.OP.141	Destination alternate aerodromes — helicopters
NCO.OP.142	Destination alternate aerodromes — instrument approach operations
NCO.OP.145	Refuelling with passengers embarking, on board or disembarking
NCO.OP.150	Carriage of passengers
NCO.OP.155	Smoking on board — aeroplanes and helicopters
NCO.OP.156	Smoking on board — sailplanes and balloons
NCO.OP.160	Meteorological conditions
NCO.OP.165	Ice and other contaminants — ground procedures
NCO.OP.170	Ice and other contaminants — flight procedures
NCO.OP.175	Take-off conditions — aeroplanes and helicopters
NCO.OP.176	Take-off conditions — balloons
NCO.OP.180	Simulated situations in flight
NCO.OP.190	Use of supplemental oxygen
NCO.OP.200	Airborne collision avoidance system (ACAS II)
NCO.OP.205	Approach and landing conditions — aeroplanes and helicopters
NCO.OP.210	Commencement and continuation of approach — aeroplanes and helicopters
NCO.OP.215	Operational limitations — hot-air balloons
NCO.OP.220	Airborne collision avoidance system (ACAS II)
NCO.POL.100	Operating limitations — all aircraft
NCO.POL.105	Weighing
NCO.POL.110	Performance — general
NCO.IDE.A.100	Instruments and equipment — general
NCO.IDE.A.105	Minimum equipment for flight
NCO.IDE.A.110	Spare electrical fuses
NCO.IDE.A.115	Operating lights
NCO.IDE.A.120	Operations under VFR — flight and navigational instruments and associated equipment
NCO.IDE.A.125	Operations under IFR — flight and navigational instruments and associated equipment
NCO.IDE.A.130	Terrain awareness warning system (TAWS)
NCO.IDE.A.135	Flight crew interphone system
NCO.IDE.A.140	Seats, seat safety belts, restraint systems and child restraint devices
NCO.IDE.A.145	First-aid kit
NCO.IDE.A.150	Supplemental oxygen — pressurised aeroplanes
NCO.IDE.A.155	Supplemental oxygen — non-pressurised aeroplanes
NCO.IDE.A.160	Hand fire extinguishers
NCO.IDE.A.165	Marking of break-in points
NCO.IDE.A.170	Emergency locator transmitter (ELT)
NCO.IDE.A.175	Flight over water
NCO.IDE.A.180	Survival equipment
NCO.IDE.A.190	Radio communication equipment
NCO.IDE.A.195	Navigation equipment
NCO.IDE.A.200	Transponder
NCO.IDE.A.205	Management of aeronautical databases
NCO.IDE.H.100	Instruments and equipment — general
NCO.IDE.H.105	Minimum equipment for flight
NCO.IDE.H.115	Operating lights
NCO.IDE.H.120	Operations under VFR — flight and navigational instruments and associated equipment
NCO.IDE.H.125	Operations under IFR — flight and navigational instruments and associated equipment
NCO.IDE.H.126	Additional equipment for single pilot operations under IFR
NCO.IDE.H.135	Flight crew interphone system
NCO.IDE.H.140	Seats, seat safety belts, restraint systems and child restraint devices
NCO.IDE.H.145	First-aid kit
NCO.IDE.H.155	Supplemental oxygen — non-pressurised helicopters
NCO.IDE.H.160	Hand fire extinguishers
NCO.IDE.H.165	Marking of break-in points
NCO.IDE.H.170	Emergency locator transmitter (ELT)
NCO.IDE.H.175	Flight over water
NCO.IDE.H.180	Survival equipment
NCO.IDE.H.185	All helicopters on flights over water — ditching
NCO.IDE.H.190	Radio communication equipment
NCO.IDE.H.195	Navigation equipment
NCO.IDE.H.200	Transponder
NCO.IDE.H.205	Management of aeronautical databases
NCO.IDE.S.100	Instruments and equipment — general
NCO.IDE.S.105	Minimum equipment for flight
NCO.IDE.S.115	Operations under VFR — flight and navigational instruments
NCO.IDE.S.120	Cloud flying — flight and navigational instruments
NCO.IDE.S.125	Seats and restraint systems
NCO.IDE.S.130	Supplemental oxygen
NCO.IDE.S.135	Flight over water
NCO.IDE.S.140	Survival equipment
NCO.IDE.S.145	Radio communication equipment
NCO.IDE.S.150	Navigation equipment
NCO.IDE.S.155	Transponder
NCO.IDE.B.100	Instruments and equipment — general
NCO.IDE.B.105	Minimum equipment for flight
NCO.IDE.B.110	Operating lights
NCO.IDE.B.115	Operations under VFR — flight and navigational instruments and associated equipment
NCO.IDE.B.120	First-aid kit
NCO.IDE.B.121	Supplemental oxygen
NCO.IDE.B.125	Hand fire extinguishers
NCO.IDE.B.130	Flight over water
NCO.IDE.B.135	Survival equipment
NCO.IDE.B.140	Miscellaneous equipment
NCO.IDE.B.145	Radio communication equipment
NCO.IDE.B.150	Transponder
NCO.SPEC.105	Checklist
NCO.SPEC.110	Pilot-in-command responsibilities and authority
NCO.SPEC.115	Crew responsibilities
NCO.SPEC.125	Safety briefing
NCO.SPEC.130	Minimum obstacle clearance altitude – IFR flights
. . .	. . .
. . .	. . .
NCO.SPEC155	Airborne Collision Avoidance System (ACAS II)
NCO.SPEC.170	Performance and operating criteria – aeroplanes
NCO.SPEC.175	Performance and operating criteria – helicopters
NCO.SPEC.HESLO.100	Checklist
NCO.SPEC.HESLO.105	Specific HESLO equipment
NCO.SPEC.HEC.100	Checklist
NCO.SPEC.PAR.100	Checklist
NCO.SPEC.ABF.100	Checklist

PART 3 — Provisions Referred to in Article 265(7)

CHAPTER 1

Article of Order	Subject matter
33(1)	Aircraft not to fly without a certificate of airworthiness
33(7)	Aircraft to comply with flight manual
37(2)	Non-military State aircraft to have a national certificate of airworthiness or a Part-21 certificate of airworthiness
37(3)	Requirements for non-military State aircraft with Part-21 certificate of airworthiness
47(3)	Certificate of release to service not to be issued if any known danger to flight safety
97(2)	Requirement to comply with regulations for the carriage of dangerous goods
98(2)	Requirements for carriage of munitions of war
98(3)	Prohibition on carriage of sporting weapon or munition of war where passengers have access
99	Prohibition on carrying on board sporting weapons or munitions of war
101(1)	Aircraft not to fly for public transport without AOC
. . .	. . .
103	Aircraft not to fly on a commercial air transport operation except under a Part-CAT AOC
104(1)	Offering commercial air transport and public transport flights without AOC
115A	Operator responsibilities in relation to communications
134(4)	Aircraft not to fly in the service of a police authority except under a Police Air Operator's Certificate, a national Air Operator's Certificate or a Part-CAT air operator certificate
136	Requirement for appropriate licence to act as member of flight crew of Part-21 aircraft registered in the United Kingdom
137	Requirement for appropriate licence to act as member of flight crew of non-Part-21 aircraft registered in the United Kingdom
148	Requirement for appropriate licence to act member of flight crew of aircraft registered elsewhere than in the United Kingdom
149(1)	Requirement for appropriate licence to act as flight crew member of Part-21 registered aircraft elsewhere than in the United Kingdom
162	Requirement for a Part MED medical certificate for a Part-FCL licence
175(1)	Operator's obligation to regulate flight times of crew
175(2)	Operator's obligation not permit flight by crew in dangerous state of fatigue
176(1)	Crew's obligation not to fly in dangerous state of fatigue
. . .	. . .
179	Fatigue of crew – ... Part-CAT operator's responsibilities
180(1)	Requirement for air traffic control approval
187(1)	Instrument flight procedures to be approved before notification
188(2)	Requirement to hold student air traffic controller licence or air traffic controller licence
. . .	. . .
. . .	. . .
220(6)	Aviation fuel not to be dispensed if not fit for use
220(7)	Compliance with direction not to dispense aviation fuel
. . .	. . .
241	Endangering safety of any person or property
242	Drunkenness in aircraft
245(c)	Intentional interference
247	Obligations of operator and pilot in command when flying over foreign country
248(1)	Compliance with operational directives
250(1)	Restriction on carriage, where valuable consideration is given or promised, in aircraft registered elsewhere than in the United Kingdom
250(7)	Restriction on holding self out as a person offering carriage by air
252	Restriction on aerial photography, aerial survey and commercial operation in aircraft registered elsewhere than in the United Kingdom
256 (except (2) and (5))	Prohibitions in relation to documents and records
257(3)	Flight in contravention of CAA's direction not to fly
258	Grounded aircraft not to fly
259(3)	Flight in contravention of Secretary of State's direction not to fly

CHAPTER 2

Provision of Part 21, Part M, Part 145, Part 66 or Part 147	Subject matter
M.A.201(a) and (b)	Responsibilities of owner or lessee
M.A.201(d)	Responsibilities of the pilot in command or operator
M.A.201(e) and (f)	Responsibilities of continuing airworthiness management organisation
M.A.201(h)	Obligations of commercial air transport operator
M.A.201(i)	Obligations of certificated operator
M.A.403	Aircraft defects to be rectified
M.A.902(b)	Aircraft not to fly if airworthiness review certificate invalid

CHAPTER 3

Provision of EU-OPS	Subject matter
1.065	Prohibition of carriage of weapons or munitions of war
1.085(d) 4 and 5	Crew member's obligation not to fly in dangerous state of fatigue
1.1090 paragraphs 1 to 3	Operator's obligations for flight and duty time limitations and rest scheme
1.1145	Operator to comply with Technical Instructions
1.1155(a)	Operator to hold approval to transport dangerous goods

CHAPTER 4

Provision of ... Air Traffic Controller Licensing Regulation	Subject matter
Article 2(1)	Compliance with requirements and procedures
ATCO.A.015(b)	Exercise of the privileges of licences and provisional inability
ATCO.MED.A.020	Decrease in medical fitness

CHAPTER 5

Provision of ... Air Operations Regulation	Subject matter
CAT.GEN.MPA.155	Prohibition of carriage of weapons or munitions of war
CAT.GEN.MPA.100(c)	Crew member's obligation not to fly in dangerous state of fatigue
CAT.GEN.MPA.200	Operator to comply with Technical Instructions
SPA.DG.100	Operator to hold approval to transport dangerous goods

CHAPTER 6

*Provision of ... Aerodromes Regulation*	*Subject matter*
ADR.OR.C 030	Failure to report any accident, serious incident or occurrence or to report in the form and manner required or within the required time limit

CHAPTER 7

Provision of SERA	Subject matter
2020	Problematic use of psychoactive substance
3101	Negligent or reckless operation of aircraft
5005 (j)	VFR flight within or into designated areas or along designated routes
8020	Adherence to flight plan
8025	Position Reports
8035	Communications
11015(b)	Pilot-in-command of an aircraft to comply with instructions given by intercepting aircraft

CHAPTER 8

Provision of Occurrence Reporting Regulation	Subject matter
4	Requirement to report occurrences

CHAPTER 9

Provision of Part-NCC	Subject matter
NCC.GEN.150	Transport of dangerous goods

CHAPTER 10

Provision of Part-NCO	Subject matter
NCO.GEN.105(a)(5)	Pilot in command responsibilities and authority
NCO.GEN.140	Transport of dangerous goods
NCO.GEN.145	Immediate reaction to a safety problem
NCO.OP.185	In-flight fuel management
NCO.SPEC.160	Release of dangerous goods
NCO.SPEC.165	Carriage and use of weapons
NCO.SPEC.HESLO.110	Transportation of dangerous goods

PART 4 — Provisions Referred to in Article 265(8)

Article of Order	Subject matter
240	Endangering safety of an aircraft

SCHEDULE 14 — REVOCATIONS AND SAVINGS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL ARRANGEMENTS

PART 1 — Revocations and savings

1

The instruments specified in column 1 of the table, with the reference in the corresponding entry in column 2 of the table, are revoked to the extent specified in the corresponding entry in column 3 of that table.

PART 2 — Consequential amendments

CHAPTER 1 — Primary legislation

Amendment of the Police Act 1997

2

In the Police Act 1997 —

• (a) in section 113A as it applies to Northern Ireland , for subsection (6D)(fff), substitute—

(fff) an offence under article 240 or 241 of the Air Navigation Order 2016;

• (b) for paragraph 23 of Schedule 8A , substitute—

(23) An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of aircraft).

CHAPTER 2 — Secondary legislation

SECTION 1 — United Kingdom Statutory Instruments

Amendment of the Civil Aviation (Working Time) Regulations 2004

3

In the Civil Aviation (Working Time) Regulations 2004 —

• (a) in regulation 3—

• (i) in the definition of “commercial air transport flight”, for “article 255(1) of the Air Navigation Order 2009”, substitute “ paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ”;

• (ii) in the definition of “public transport”, for “article 260(2) of the Air Navigation Order 2009”, substitute “ article 6(2) of the Air Navigation Order 2016 ”;

• (iii) in the definition of “scheme”, for “article 145(1)(b) or 149(a) of the Air Navigation Order 2009”, substitute “ article 175(1)(b) or 179(2)(a) of the Air Navigation Order 2016 ”;

• (b) in regulation 10(2), for “a scheme referred to in article 145(1) or 149 of the Air Navigation Order 2009” (twice), substitute “ a scheme referred to in article 175(1) or 179 of the Air Navigation Order 2016 ”.

Amendment of the Plant Protection Products (Sustainable Use) Regulations 2012

4

In paragraph 7(e) of Schedule 2 to the Plant Protection Products (Sustainable Use) Regulations 2012 , for “article 131(2) of the Air Navigation Order 2009”, substitute “ article 91(2) of the Air Navigation Order 2016 ”.

Amendment of the Kentish Flats Extension Order 2013

5

In the Kentish Flats Extension Order 2013 —

• (a) in paragraph 5(e) of Part 3 to Schedule 1; and

• (b) in paragraph 2(e) of Part 2 to Schedule 2,

for “Air Navigation Order 2009”, substitute “ Air Navigation Order 2016 ”.

Amendment of the Wireless Telegraphy (Limitation of Number of Licences) Order 2014

6

In paragraphs 7, 9, 14, 18 and 23 of Part 2 of Schedule 6 to the Wireless Telegraphy (Limitation of Number of Licences) Order 2014 , for “Air Navigation Order 2009”, substitute “ Air Navigation Order 2016 ”.

Amendment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

7

In paragraph 9(4)(a) of Schedule 1 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 , for “article 6 (aircraft to be registered) of the Air Navigation Order 2009”, substitute “ article 27 (application for the registration of an aircraft) of the Air Navigation Order 2016 ”.

Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015

8

In the Town and Country Planning (General Permitted Development) (England) Order 2015 —

• (a) in the definition of “aerodrome” in article 2(1)—

• (i) for “article 255 of the Air Navigation Order 2009 (interpretation)”, substitute “ paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ”; and

• (ii) for “article 255 of that Order”, substitute “ paragraph 1 of Schedule 1 to that Order ”;

• (b) in paragraph U of Part 19 of Schedule 2, for “article 255 of the Air Navigation Order 2009”, substitute “ paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ”.

Amendment of the Rules of the Air Regulations 2015

9

In the Rules of the Air Regulations 2015 —

• (a) in rule 1(3) in Schedule 1, for “article 258 of the Air Navigation Order 2009”, substitute “ article 5 of the Air Navigation Order 2016 ”; and

• (b) in rule 2 in Schedule 1, for “articles 160(3) and 252(1) of the Air Navigation Order 2009”, substitute “ articles 249(3) and 22(1) of the Air Navigation Order 2016 ”.

Amendment of the Air Navigation (Isle of Man) Order 2015

10

In the Air Navigation (Isle of Man) Order 2015 —

• (a) in article 68(1), for “article 132 of the Air Navigation Order 2009”, substitute “ article 97 of the Air Navigation Order 2016 ”;

• (b) in article 91(1), for “article 160 of the Air Navigation Order 2009”, substitute “ article 249 of the Air Navigation Order 2016 ”; and

• (c) in article 167(1), in the definition of “applied regulations”, for “Air Navigation Order 2009”, substitute “ Air Navigation Order 2016 ”.

SECTION 2 — Scottish Statutory Instruments

Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

11

For paragraph 23 of Schedule A1 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 , substitute—

(23) An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of aircraft).

SECTION 3 — Northern Ireland Statutory Rules

Amendment of Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

12

In article 1A(4)(fff) of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 , for “Article 137 or 138 of the Air Navigation Order 2009”, substitute “ Article 240 or 241 of the Air Navigation Order 2016 ”.

Amendment of the Planning (General Permitted Development) Order (Northern Ireland) 2015

13

In the definition of “airbase” in the “Interpretation Part 29” section of Part 29 of the Schedule to the Planning (General Permitted Development) Order (Northern Ireland) 2015 , for “Article 255 of the Air Navigation Order 2009”, substitute “ paragraph 1 of Schedule 1 to the Air Navigation Order 2016 ”.

Amendment of the Planning (General Development Procedure) Order (Northern Ireland) 2015

14

In article 2(1) of the Planning (General Development Procedure) Order (Northern Ireland) 2015 , in the definition of “licensed aerodrome”, for “Air Navigation Order 2009”, substitute “ Air Navigation Order 2016 ”.

PART 3 — Transitional arrangements

Log Books

15

In respect of any log book kept under article 34 of the Air Navigation Order 2009 immediately before the commencement of this Order—

• (a) such a log book may continue to be used to comply with the requirements of this Order;

• (b) entries made in such a log book before the commencement of this Order must be retained as though they were entries made in accordance with the requirements of this Order; and

• (c) entries in such a log book which were required to be made by the Air Navigation Order 2009 immediately before the commencement of this Order and which have not been so made continue to be required to be made.

Equipment of Non-EASA aircraft

16

A non-Part-21 aircraft which, immediately before the commencement of this Order, was fitted with equipment in conformity with article 37 of the Air Navigation Order 2009 is deemed to meet the requirements of article 77 of this Order.

Instructor ratings

17

An instructor rating held pursuant to the Air Navigation Order 2009 immediately before the commencement of this Order—

• (a) is, for the purposes of this Order, deemed to be the equivalent instructor certificate issued under this Order;

• (b) remains valid until—

• (i) that rating would have ceased to become valid under the Air Navigation Order 2009, had that Order not been revoked; or

• (ii) an equivalent instructor certificate issued under this Order would cease to be valid,

whichever is the sooner; and

• (c) on the first occasion where revalidation or renewal is required in accordance with this Order, is to become an instructor certificate issued under this Order.

Aircraft markings

18

An aircraft which, immediately before the commencement of this Order, bore markings in conformity with article 119 of the Air Navigation Order 2009 is deemed to meet the requirements of paragraph 7 of Schedule 5 or paragraph 6 of Part 1 of Schedule 6 of this Order.

Certificates of experience and test

19

For the purposes of article 154(2), a certificate of experience or certificate of test obtained under the Air Navigation Order 2009 is to be treated as a certificate of revalidation until such time as—

• (a) the holder next applies to the CAA for the renewal or variation of their licence; or

• (b) the CAA requires a variation of the holder's licence,

whichever is the earlier.

Medical declarations

20

• (1) For the purposes of article 163, a medical declaration which immediately before the commencement of this Order was valid under article 73A of the Air Navigation Order 2009—

• (a) is to be treated as a declaration made in accordance with, and satisfying the requirements of, paragraph (3) of article 163; and

• (b) subject to paragraph (4) of article 163, continues to be valid until the expiry of the relevant period mentioned in the table in paragraph (4) of article 73A of the Air Navigation Order 2009.

• (2) In the application of article 163 to a medical declaration mentioned in sub-paragraph (1)—

• (a) the reference in paragraph (4)(b) of that article to “paragraph (3)” is to be treated as though it read “article 73A of the Air Navigation Order 2009, had that article remained in force”; and

• (b) the reference in paragraph (4)(c)(i) of that article to “paragraph (3)(a)(i)” is to be treated as though it read “article 73A(2)(a) of the Air Navigation Order 2009, had that article remained in force”.

Signed

Ceri King — Deputy Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1982 c.16; sections 60 and 61 were amended by the Airports Act 1986 (c.31), section 83(5) and Schedule 6 Part II. Section 60 was further amended by the Aviation and Maritime Security Act 1990 (c.31), section 47 and Schedule 4, and by the Civil Aviation Act 2006 (c.34), section 8. Section 61 was further amended by the Aviation (Offences) Act 2003 (c.19), section 2 and Schedule 13 has been amended by the Energy Act 2004 (c.20), section 101.

[^f00002]: 1986 c.31.

[^f00003]: 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28.

[^f00004]: 2006 c.46.

[^f00005]: 1948 c.56. Section 3(1) was amended by paragraph 22 of Schedule 13 to the Merchant Shipping Act 1995 (c.21).

[^f00006]: MAA01: Military Aviation Authority Regulatory Policy (Issue 4) and Regulatory Articles 2000 Series Flying Regulations are published by the Military Aviation Authority on behalf of the Secretary of State and are available at https://www.gov.uk/government/collections/maa-regulatory-publications or by writing to MAA regulation enquiries, Juniper 1, Abbey Wood North, Bristol, BS34 8QW.

[^f00007]: 1890 c.39.

[^f00008]: Issue 3, incorporating amendments to 2014/02 and dated 25th November 2014, was published by The Stationery Office on behalf of the CAA, under ISBN 9780117928824. It is also available online for download at http://www.caa.co.uk/CAP747

[^f00009]: Issue 8, dated 29th November 2013, was published by The Stationery Office on behalf of the CAA, under ISBN 9780117928565. It is also available online for download at http://www.caa.co.uk/CAP553

[^f00010]: 1986 c.38.

[^f00011]: 2004 c.21.

[^f00012]: Council Directive 96/29/Euratom of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. O.J. No. L 159, 29.6.96, p.1.

[^f00013]: 2000 c.38.

[^f00014]: O.J. No. L 293, 31.10.2008, p.3.

[^f00015]: S.I. 2015/912.

[^f00016]: O.J. No. L 336, 20.12.2011, p.20.

[^f00017]: O.J. No. L 79, 19.03.2008, p.1.

[^f00018]: 1981 c.61.

[^f00019]: Treaty Series No. 8 (1953); Cmd 8742.

[^f00020]: 1974 c.39.

[^f00021]: O.J. No. L 44, 14.02.2014, p.1.

[^f00022]: O.J. No. L 296, 25.10.2012, p.1.

[^f00023]: O.J. No. L 206, 11.08.2011, p.21.

[^f00024]: O.J. No. L 224, 21.08.2012, p.1.

[^f00025]: O.J. No. L 311, 25.11.2011, p.1.

[^f00026]: O.J. No. L 362, 17.12.2014, p.1.

[^f00027]: 1995 c.21.

[^f00028]: 1964 c.5.

[^f00029]: O.J. No. L 224, 21.08.2012, p.1.

[^f00030]: Issue 10, dated 7th March 2014, was published by The Stationery Office on behalf of the CAA, under ISBN 9780117928619. It is also available online for download at http://www.caa.co.uk/CAP168

[^f00031]: S.I. 1996/2798.

[^f00032]: O.J. No. L 122, 24.04.2014, p.18.

[^f00033]: 2003 c.21.

[^f00034]: O.J. No. L 96, 31.03.2004, p.10.

[^f00035]: O.J. No. L 281, 13.10.2012, p.1.

[^f00036]: 1952 c.67.

[^f00037]: Treaty Series No. 77 (1977); Cmnd 6962.

[^f00038]: Treaty Series No. 44 (1998); Cm 4063.

[^f00039]: 2006 c.36.

[^f00040]: 1997 c.50.

[^f00041]: Subsection (6D) was inserted in respect of Northern Ireland by S.R. (NI) 2014 No 100.

[^f00042]: Schedule 8A was inserted by S.S.I. 2015/423.

[^f00043]: S.I. 2004/756.

[^f00044]: S.I. 2012/1657.

[^f00045]: S.I. 2013/343.

[^f00046]: S.I. 2014/774.

[^f00047]: S.I. 2014/2936.

[^f00048]: S.I. 2015/596.

[^f00049]: S.I. 2015/840.

[^f00050]: S.I. 2015/870.

[^f00051]: S.S.I. 2013/50.

[^f00052]: S.R. 1979/195.

[^f00053]: S.R. 2015/70.

[^f00054]: S.R. 2015/72.

Certificate of airworthiness to be in force

Issue of airworthiness directives for EASA aircraft

Requirement for a certificate of release to service for Part-21 aircraft

Licensing of maintenance engineers

CHAPTER 2 — Initial airworthiness – Non-Part-21 aircraft

Certificate of airworthiness for State aircraft registered in the United Kingdom

Issue and renewal of national certificates of airworthiness

National certificate of airworthiness ceasing to be in force and issue of airworthiness directives for non-Part-21 aircraft

Issue of national permits to fly

National permits to fly ceasing to be in force and issue of airworthiness directives for permit aircraft

Limitations of national permits to fly

Aircraft weight schedule

CHAPTER 3 — Continuing airworthiness for Non-Part-21 aircraft

Requirement for a certificate of release to service for non-Part-21 aircraft

Circumstances where a certificate of release to service is not required

Certificate of release to service issued by pilot owner

Contents of a certificate of release to service

Who may issue a certificate of release to service

Requirement for and validity of a national airworthiness review certificate

Validity of the national airworthiness review certificate

Other circumstances in which an aircraft must not fly

Initial issue of national airworthiness review certificate

Subsequent issue of national airworthiness review certificate

Aircraft maintenance programme

Commercial air transport aircraft, public transport aircraft and non-military State aircraft

Extension of a national airworthiness review certificate of an aircraft in a controlled environment

Extension of a national airworthiness review certificate of certain aircraft which are not in a controlled environment

Extension of a national airworthiness review certificate of other aircraft which are not in a controlled environment

Conduct of an airworthiness review

Conduct of an annual review

Approval of continuing airworthiness management organisation

Approval of aeroplane and rotorcraft maintenance organisation

General provisions concerning airworthiness reviews

1

A non-Part-21 aircraft registered in the United Kingdom may fly for a purpose set out in paragraph 2 or 3 subject to the conditions contained in paragraphs 4 to 7 when—

• (a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom;

• (b) the certificate of airworthiness issued under article 38 for the aircraft has ceased to be in force by virtue of any of the matters specified in article 39;

• (c) it has previously had a permit to fly but that permit has ceased to be in force by virtue of any of the matters specified in article 41; or

• (d) is of a design which has previously been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a national permit to fly.

2

The purposes in the case of an aircraft falling within sub-paragraph 1(a) are that the aircraft may fly only so as to enable it to—

• (a) qualify for the issue or renewal of a certificate of airworthiness or a national permit to fly after an application has been made for such issue or renewal, or carry out a functional check of a previously approved modification of the aircraft;

• (b) proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (a), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or

• (c) proceed to or from a place at which the aircraft is to be or has been stored.

3

The purposes in the case of an aircraft falling within sub-paragraph 1(b), (c) or (d) are that the aircraft may fly only so as to enable it to—

• (a) proceed to a place at which any maintenance or inspection required by article 39(1)(b) or article 41(1)(b) is to take place; or

• (b) proceed to a place at which any maintenance, inspection or modification required by article 39(1)(c), (d) or (e) or article 41(1)(a) is to take place and for which flight the CAA has given permission in writing; or

• (c) carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the CAA of any overhaul, repair, previously approved modification, inspection or maintenance required by article 39 or article 41.

4

The aircraft, including any modifications, must be of a design which previously has been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a national certificate of airworthiness.

5

The aircraft and its engines must be certified as fit for flight by—

• (a) in the case of an aircraft referred to in paragraph 1(c) or (d), a person authorised by an organisation approved for the purpose by the CAA, and in accordance with that approval; and

• (b) in all other cases—

• (i) the holder of an aircraft maintenance engineer's licence granted under this Order, being a licence which entitles the holder to issue that certificate; or

• (ii) a person approved by the CAA for the purpose of issuing certificates under this condition, and in accordance with that approval.

6

The aircraft must carry the minimum flight crew specified—

• (a) in the case of an aircraft referred to in paragraph 1(c) or (d), in any relevant document; and

• (b) in all other cases, in any certificate of airworthiness or flight manual which has previously been in force under this Order for the aircraft, or is or has previously been in force for any other aircraft of identical design.

7

The aircraft must not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose specified in paragraph 2 or 3.

8

For the purpose of this Schedule, “a previously approved modification” means a modification which has previously been approved by the CAA or by an organisation approved for that purpose by the CAA for that aircraft or another aircraft of the same type.

1

A non-Part-21 aircraft may fly for a purpose set out in paragraph 2 subject to the conditions set out in paragraphs 3 to 6 whether or not it is registered in accordance with article 24(1) when there is not in force—

• (a) in the case of an aircraft which is so registered, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered; or

• (b) in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom or a permit to fly issued by the CAA for that aircraft.

2

The purposes referred to in paragraph 1 are—

• (a) experimenting with or testing the aircraft (including any engines installed on the aircraft) or any equipment installed or carried in the aircraft;

• (b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft or the issue of a permit to fly;

• (c) demonstrating and displaying the aircraft, any engines installed on the aircraft or any equipment installed or carried in the aircraft with a view to its sale or of other similar aircraft, engines or equipment;

• (d) demonstrating and displaying the aircraft to employees of the operator;

• (e) the giving of flying training to or the testing of flight crew employed by the operator or the training or testing of other persons employed by the operator and who are carried or are intended to be carried under sub-paragraph 6(a);

• (f) proceeding to or from a place at which any experiment, inspection, repair, modification, maintenance, approval, test or weighing of the aircraft, the installation of equipment in the aircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraph (a), (b), (c), (d) or (e); or

• (g) proceeding to or from a place at which the installation of furnishings in, or the painting of the aircraft is to be undertaken.

3

The flight must be operated by a person approved by the CAA for the purposes of these conditions and subject to any additional conditions which may be specified in such an approval.

4

If not registered in the United Kingdom—

• (a) the aircraft must be marked in a manner approved by the CAA for the purposes of these conditions; and

• (b) articles 67, 79, 226, 229 and 235 must be complied with in relation to the aircraft as if it were registered in the United Kingdom.

5

No person may act as pilot in command of the aircraft except a person approved for the purpose by the CAA.

6

The aircraft must not carry any cargo, or any persons other than the flight crew except the following—

• (a) persons employed by the operator who during the flight carry out duties or are tested or receive training in connection with a purpose specified in paragraph 2;

• (b) persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft for carrying out during the flight duties in connection with a purpose so specified;

• (c) persons approved by the CAA under article 268 as qualified to supply reports for the purposes of article 38;

• (d) persons other than those carried under the preceding provisions of this paragraph who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;

• (e) cargo which comprises equipment carried in connection with a purpose specified in sub-paragraph 2(f); or

• (f) persons employed by the operator or persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft in connection with a purpose specified in sub-paragraph 2(f) which persons have duties in connection with that purpose.

1

Subject to the conditions set out in paragraph 3, a non-Part-21 aircraft registered in the United Kingdom of not more than 2,000kg maximum take-off mass and which is designed to be flown by a crew of at least one pilot may fly for a purpose set out in paragraph 2 when there is in force neither—

• (a) a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom; nor

• (b) a permit to fly.

2

The purposes referred to in paragraph 1 are—

• (a) experimenting with or testing the aircraft (including any engines installed on the aircraft) or any equipment installed or carried in the aircraft;

• (b) demonstrating the aircraft, any engines installed on the aircraft or any equipment installed or carried in the aircraft in support of their development or of other similar aircraft, engines or equipment.

3

• (1) The aircraft may only fly if any certificate of airworthiness or permit to fly held in respect of the aircraft is suspended.

• (2) The aircraft may only fly in accordance with a test programme, not exceeding a period of 12 months, in respect of which an E Conditions Declaration has been made by an E Conditions competent person and submitted to the CAA.

• (3) The aircraft must not fly in accordance with the test programme until the E Conditions competent person has received a written acknowledgement from the CAA of its receipt of the E Conditions Declaration.

• (4) Flight of the aircraft may be subject to any additional conditions which may be specified by the E Conditions competent person.

• (5) The aircraft must not fly if the E Conditions competent person is not satisfied that all risks in respect of the flight test programme continue to have been mitigated to an acceptable level and that the level of risk to uninvolved third parties is low enough to be acceptable.

• (6) No person may act as pilot in command of the aircraft except a person who has been judged by the E Conditions competent person to be appropriately qualified and trained for the purpose.

• (7) The aircraft must not carry any cargo, or any persons other than the pilot except any additional person determined by the E Conditions competent person to be necessary to achieve the purpose of the flight as specified in paragraph 2;

• (8) The words “UK EXPERIMENTAL” must be displayed on the aircraft near each entrance to the cabin or cockpit in letters not less than 5 centimetres nor more than 15 centimetres in height.

• (9) A placard must be affixed to the aircraft and displayed within sight of all occupants of the aircraft which must be worded as follows—

Occupant Warning
This UK registered Experimental Aircraft has not been approved and may only be flown by permission granted under ANO E Conditions.

4

An E Conditions Declaration must—

• (a) be signed by an E Conditions competent person;

• (b) specify the aircraft in respect of which it is issued;

• (c) specify the flight test programme in respect of which it is issued, including the start and finish dates of the programme;

• (d) set out the specified purposes for which the aircraft may fly;

• (e) confirm that the flight test programme will be conducted in accordance with the Conditions of Flight at paragraph 3;

• (f) declare that the E Conditions competent person has obtained the consent of the registered owner of the aircraft—

• (i) to request the suspension of any certificate of airworthiness or permit to fly granted in respect of the aircraft; and

• (ii) for the aircraft to undertake the flight test programme;

• (g) request the suspension of any certificate of airworthiness or permit to fly held in respect of the aircraft;

• (h) declare that if the ownership of the aircraft changes during the flight test programme, the E Conditions competent person will not permit a flight to take place until the consent of the new aircraft owner for the aircraft to continue the flight test programme has been obtained;

• (i) declare that, before the flight test programme commences, the E Conditions competent person will undertake a risk assessment and must be satisfied that—

• (i) all risks in respect of the flight test programme have been mitigated to an acceptable level; and

• (ii) in particular, the level of risk to uninvolved third parties is low enough to be acceptable;

• (j) declare that, throughout the flight test programme, the E Conditions competent person will make such changes to the risk assessment and dossier of information as appear appropriate in light of the information gathered in connection with that programme;

• (k) declare that the E Conditions competent person will—

• (i) keep under review the risks in respect of the flight test programme; and

• (ii) not permit a flight to take place in the event that the E Conditions competent person ceases to be satisfied that—

• (aa) all risks in respect of the flight test programme have been mitigated to an acceptable level; and

• (bb) in particular, the level of risk to uninvolved third parties is low enough to be acceptable.

5

• (1) An E Conditions competent person means a person who satisfies the requirements of sub-paragraph (2) or (3).

• (2) A person who has been authorised as a competent person by an E Conditions approved person, and whose authorisation has not been withdrawn, satisfies the requirements of this sub-paragraph.

• (3) A person who—

• (a) is a Member or Fellow of the Royal Aeronautical Society (“the RAeS”) and a Chartered Engineer registered with the Engineering Council via the RAeS; and

• (b) has notified the RAeS of that person's intention to act as an E Conditions competent person and has not withdrawn that notification;

satisfies the requirements of this sub-paragraph.

• (4) The CAA may approve a person to authorise a competent person for the purposes of E Conditions and in this Order “E Conditions approved person” means a person so approved.

6

• (1) An E Conditions competent person is entitled to make an E Conditions Declaration.

• (2) The E Conditions competent person must—

• (a) before the flight test programme commences—

• (i) undertake a risk assessment;

• (ii) be satisfied that all risks in respect of the flight test programme have been mitigated to an acceptable level;

• (iii) in particular be satisfied that the level of risk to uninvolved third parties is acceptable;

• (iv) keep a dossier of information about the aircraft and the flight test programme, including a record of the risk assessment, and retain the dossier for three years after final flight under the flight test programme; and

• (b) throughout the flight test programme—

• (i) make such changes to the risk assessment and dossier of information as appear appropriate in light of the information gathered in connection with that programme;

• (ii) not permit a flight to take place unless that person remains satisfied that all risks in respect of the flight test programme have been mitigated to an acceptable level and that the level of risk to uninvolved third parties is low enough to be acceptable.

• (3) An E Conditions competent person must produce the dossier of information to an authorised person within a reasonable time after being requested to do so.

7

The flight test programme is deemed to be completed if the person who has submitted an E Conditions Declaration—

• (a) ceases to be an E Conditions competent person;

• (b) notifies the CAA that the flight test programme has been finished or terminated;

• (c) is no longer discharging the obligations set out in the E Conditions Declaration; or

• (d) the declared finish date of the flight test programme has been reached.

8

The CAA must issue a written acknowledgement of receipt in respect of an E Conditions Declaration submitted to it unless, in its reasonable opinion, the E Conditions Declaration is repetitive.

1

• (1) Aircraft are to be classified in accordance with the table.

Column 1	Column 2	Column 3
(1) Lighter than air aircraft	(a) Non-power driven	(i) Free Balloon
(1) Lighter than air aircraft	(a) Non-power driven	(ii) Captive Balloon
(1) Lighter than air aircraft	(b) Power driven	(i) Airship
(2) Heavier than air aircraft	(a) Non-power driven	(i) Glider
(2) Heavier than air aircraft	(a) Non-power driven	(ii) Kite
(2) Heavier than air aircraft	(b) Power driven flying machines	(i) Aeroplane (Landplane)
(2) Heavier than air aircraft	(b) Power driven flying machines	(ii) Aeroplane (Seaplane)
(2) Heavier than air aircraft	(b) Power driven flying machines	(iii) Aeroplane (Amphibian)
(2) Heavier than air aircraft	(b) Power driven flying machines	(iv) Aeroplane (Self-launching Motor Glider)
(2) Heavier than air aircraft	(b) Power driven flying machines	(v) Powered Lift (Tilt Rotor)
(2) Heavier than air aircraft	(b) Power driven flying machines	(vi) Rotorcraft—(aa) Helicopter;(bb) Gyroplane.

• (2) An aircraft which is intended to be operated with no pilot on board is to be further classified as unmanned.

• (3) Unmanned aircraft include unmanned free balloons and remotely piloted aircraft.

1

• (1) The nationality mark of the aircraft is the capital letter “G” in Roman character.

• (2) The registration mark is a group of four capital letters in Roman character assigned by the CAA on the registration of the aircraft.

• (3) The letters must be without ornamentation.

• (4) A hyphen must be placed between the nationality mark and the registration mark.

• (5) The nationality and registration marks must be displayed to the best advantage, taking into consideration the constructional features of the aircraft and must always be kept clean and visible.

• (6) The letters constituting each group of marks must—

• (a) be of equal height; and

• (b) together with the hyphen, all be of the same single colour which must clearly contrast with the background on which they appear.

• (7) The nationality and registration marks must also be inscribed on a fire-proof metal plate affixed in a prominent position—

• (a) in the case of a microlight aeroplane, either on the fuselage or car or on the wing;

• (b) in the case of a balloon, on the basket or envelope;

• (c) in the case of a remotely piloted aircraft, secured in a prominent position near the main entrance or compartment, or affixed conspicuously to the exterior of the aircraft if there is no main entrance or compartment; or

• (d) in the case of any other aircraft on the fuselage or car.

• (8) The nationality and registration marks must be painted on the aircraft, or affixed to the aircraft by any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2, 3 and 4 of this Part.

1

• (1) Every aircraft of a description specified in the first column of the Table in paragraph 4 which must carry equipment specified in this Part must be provided, if flying in the circumstances specified in the second column of the Table, with adequate equipment.

• (2) For the purpose of this paragraph, the expression “adequate equipment” means, subject to sub-paragraphs (3) and (4), the scales of equipment respectively indicated in the third column of that Table.

• (3) If the aircraft is flying in a combination of such circumstances, the scales of equipment are not on that account required to be duplicated.

• (4) Equipment carried in an aircraft that is necessary for the airworthiness of the aircraft is to be taken into account in determining whether this Schedule is complied with for that aircraft.

2

For the purposes of the Table in paragraph 4, flying time in relation to a helicopter or gyroplane is to be calculated on the assumption that it is flying in still air at the speed specified in the relevant flight manual as the speed for compliance with regulations governing flights over water.

3

The following items of equipment are not required to be of a type approved by ... the CAA—

• (a) the equipment referred to in Scale A(2);

• (b) first aid equipment and handbook, referred to in Scale A(3);

• (c) time-pieces, referred to in Scale F;

• (d) torches, referred to in Scales G and K;

• (e) whistles and survivor locator lights, referred to in Scale H;

• (f) sea anchors, referred to in Scales J and K;

• (g) rocket signals, referred to in Scale J;

• (h) equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J;

• (i) paddles, referred to in Scale K;

• (j) food and water, referred to in Scales K, U and V;

• (k) first aid equipment, referred to in Scales K, U and V;

• (l) stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V;

• (m) megaphones, referred to in Scale Y.

4

The Table is as follows—

5

The scales of equipment indicated in the Table at paragraph 4 are as follows—

Scale A1Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10% of the number of each rating or three of each rating, whichever is the greater.2Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this Order, for the intended flight of the aircraft including any diversion which may reasonably be expected.3First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following—aroller bandages;btriangular bandages;cadhesive plaster;dabsorbent gauze or wound dressings;ecotton wool or wound dressings;fburn dressings;gsafety pins;hhaemostatic bandages or tourniquets;iscissors;jantiseptic;kanalgesic and stimulant drugs;lsplints, in the case of aeroplanes the maximum take-off mass of which exceeds 5,700kg; andma handbook on first aid.4In the case of a flying machine used for the public transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency—ais more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxiing; orbwould be more than 1.82 metres from the ground if the whole or any part of the undercarriage should collapse, break or fail to function,apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use.5A hand fire extinguisher for each enclosed passenger and crew compartment, so installed that at least one extinguisher is conveniently located for use by a member of the flight crew.

Scale AA1Subject to paragraph (2), an altitude alerting system capable of alerting the pilot on approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude and when deviating above or below that preselected altitude, by a visual and an aural signal.2If the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at a place at which it is reasonably practicable for the system to be repaired or replaced.

Scale B1If the maximum take-off mass of the aircraft is 2,730kg or less, for every pilot's seat and for any seat situated alongside a pilot's seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the CAA, a safety belt without a diagonal shoulder strap for which permission may be granted if the CAA is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.2If the maximum take-off mass of the aircraft exceeds 2,730kg, either a safety harness for every pilot's seat and for any seat situated alongside a pilot's seat, or with the permission of the CAA, a safety belt with one diagonal shoulder strap which permission may be granted if the CAA is satisfied that it is not reasonably practicable to fit a safety harness.3For every seat in use (not being a seat referred to in paragraphs (1), (2), (5) and (6)) a safety belt with or without one diagonal shoulder strap or a safety harness.4In addition, and to be attached to or secured by the equipment required in paragraph (3) or (6), a child restraint device for every child under the age of two years on board.5On all flights for the public transport of passengers by aircraft, for each seat for use by cabin crew who are required to be carried under this Order, a safety harness.6On all flights in aeroplanes for which a certificate of airworthiness was first issued (whether in the United Kingdom or elsewhere) on or after 1st February 1989, the maximum take-off mass of which is not more than 5,700kg and with a maximum approved passenger seating configuration of 9 or less, (otherwise than for seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.7If the pilot in command cannot, from the pilot in command's own seat, see all the passenger seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.8Subject to paragraph (9), a safety harness for every seat in use.9In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the CAA may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.

Scale C1Equipment for displaying the lights required by provision 3215 of SERA.2Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.3Unless the aircraft is equipped with radio, devices for making the visual signal specified in paragraphs 1, 2 and 3 of the Appendix to SERA as indicating a request for permission to land.

Scale D1In the case of a helicopter or gyroplane, a slip indicator.2In the case of any other flying machine either—aa turn indicator and a slip indicator; orba gyroscopic bank and pitch indicator and a gyroscopic direction indicator.3A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the pilot in command of the aircraft indicate is likely to be encountered during the intended flight.

Scale E1In the case of—aa helicopter or gyroplane, a slip indicator;bany other flying machine, a slip indicator and either a turn indicator or, at the option of the operator, an additional gyroscopic bank and pitch indicator.2A gyroscopic bank and pitch indicator.3A gyroscopic direction indicator.4A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weather report or forecasts available to the pilot in command of the aircraft indicate is likely to be encountered during the intended flight.

Scale EE1Subject to paragraph (2), a radio altimeter with an audio voice warning operating below a pre-set height and a visual warning capable of operating at a height selectable by the pilot.2A helicopter flying under and in accordance with the terms of a police air operator's certificate may instead be equipped with a radio altimeter with an audio warning and a visual warning each capable of operating at a height selectable by the pilot.

Scale F1A timepiece indicating the time in hours, minutes and seconds.2A means of indicating whether the power supply to the gyroscopic instrument is adequate.3A rate of climb and descent indicator.4A means of indicating in the flight crew compartment the outside air temperature calibrated in degrees Celsius.5If the maximum take-off mass of the aircraft exceeds 5,700kg, two air speed indicators.

Scale G1In the case of an aircraft other than a helicopter or gyroplane, landing lights consisting of two single filament lamps, or one dual filament lamp with separately energised filaments.2An electrical lighting system to provide illumination in every passenger compartment.3Either—aone electric torch for each member of the crew of the aircraft; orbone electric torch—ifor each member of the flight crew of the aircraft; andiiaffixed adjacent to each floor level exit intended for the disembarkation of passengers whether normally or in an emergency, provided that such torches must—aabe readily accessible for use by the crew of the aircraft at all times; andbbnumber in total not less than the minimum number of members of the cabin crew required to be carried with a full passenger complement.4In the case of an aircraft other than a helicopter or gyroplane which has a maximum take-off mass exceeding 5,700kg, means of observing the existence and build-up of ice on the aircraft.5In the case of a helicopter carrying out Performance Class 1 operations or Performance Class 2 operations or a gyroplane for which there is in force a certificate of airworthiness designating the gyroplane as being of performance group A, either—atwo landing lights both of which are adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane and one of which is adjustable so as to illuminate the ground on either side of the helicopter or gyroplane; orbone landing light or, if the maximum take-off mass of the helicopter or gyroplane exceeds 5,700kg, one dual filament landing light with separately energised filaments, or two single filament lights, each of which is adjustable so as to illuminate the ground in front of and below the helicopter or gyroplane, and two parachute flares.6In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane for which there is in force a certificate of airworthiness designating the gyroplane as being of performance group B—aone landing light and two parachute flares;bif the maximum take-off mass of the helicopter or gyroplane exceeds 5,700kg, either one dual filament landing light with separately energised filaments or two single filament landing lights, and two parachute flares; orcif the maximum take-off mass of the helicopter or gyroplane is 5,700kg or less and the flight is for a purpose other than public transport—itwo landing lights, one of which is adjustable in flight so as to illuminate the ground in front of, below and on either side of the helicopter; oriitwo landing lights in addition to the helicopter standard equipment, which must be adjusted so as to illuminate the ground in front of the helicopter.

Scale GG1A landing light.

Scale H1Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle and survivor locator light.2Lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.

Scale I1A survival suit for each member of the crew.

Scale J1Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.2Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in paragraphs 1, 2 and 3 of the Appendix to SERA and complying with paragraph 3.1 of the International Life-Saving Appliance (LSA) Code contained in International Maritime Organisation Resolution MSC.48(66), as amended .3A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.

Scale K1In the case of—aa flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferafts sufficient to accommodate all persons on board;ba helicopter or gyroplane carrying 20 or more persons, a minimum of two liferafts sufficient together to accommodate all persons on board.2Each liferaft must contain the following equipment—ameans of maintaining buoyancy;ba sea anchor;clife-lines, and means of attaching one liferaft to another;dpaddles or other means of propulsion;emeans of protecting the occupants from the elements;fa waterproof torch;gmarine type pyrotechnical distress signals;hmeans of making sea water drinkable, unless the full quantity of fresh water is carried as specified in sub-paragraph (i);ifor each four or proportion of four persons the liferaft is designed to carry, 100 grammes of glucose toffee tablets and—i½ litre of fresh water in durable containers; oriiin any case in which it is not reasonably practicable to carry ½ litre of fresh water, as large a quantity of fresh water in durable containers as is reasonably practicable in the circumstances,provided that in no case must the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in sub-paragraph (h) to provide ½ litre of water for each four or proportion of four persons the liferaft is designed to carry; andjfirst aid equipment.3Items (2)(f) to (j) inclusive must be contained in a pack.4The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in Column 1 of the following Table must be not less than the number specified in, or calculated in accordance with, Column 2.Column 1Column 2Not more than 8 liferafts2 survival beacon radio apparatusFor every additional 4 or proportion of 4 liferafts1 additional survival beacon radio apparatus

Scale KK1A survival emergency locator transmitter which complies with paragraph (4).2An automatic emergency locator transmitter which complies with paragraph (4).3An automatically deployable emergency locator transmitter which complies with paragraph (4).4The transmitter must be capable of operating in accordance with the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Second Edition July 2007) and transmitting on 121.5 MHz and 406 MHz.

Scale L1 Part 11In every flying machine which is provided with means for maintaining a pressure greater than 700 hectopascals throughout the flight in the flight crew compartment and in the compartments in which the passengers are carried—ain the event of a failure to maintain such pressure occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part 2, a supply of oxygen sufficient for continuous use during the periods specified in column 3 of the Table, by the persons for whom oxygen is to be provided in accordance with column 4 of the Table; andbin every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of two passengers,together with suitable and sufficient apparatus to enable such persons to use the oxygen.2In any other flying machine—aa supply of oxygen sufficient for continuous use by all the crew other than the flight crew and, if passengers are carried, by 10% of the number of passengers, for any period of more than 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130; and the flight crew must be supplied with oxygen sufficient for continuous use for any period during which the flying machine flies above flight level 100; andba supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130,together with suitable and sufficient apparatus to enable such persons to use the oxygen.3The quantity of oxygen required for the purpose of complying with paragraphs (1) and (2) of this Part is to be computed in accordance with the information and instructions specified in the operations manual relating to the aircraft under paragraph 1(h) of Part 1 of Schedule 9.

1

Subject to paragraph 2, every aircraft which must carry equipment specified in this Schedule must be provided, when flying in the circumstances specified in the first column of the Table in paragraph 3 of this Schedule, with the scales of equipment respectively indicated in the second column of that Table.

2

• (1) In the case of sub-paragraphs (1), (2), (3), (4), (5), (6), (8)(d) and (9) of the Table in paragraph 3, the specified equipment need not be carried if the appropriate air traffic control unit permits flight to commence without that equipment and the aircraft complies with any instructions which the air traffic control unit may give in the particular case.