The Air Navigation (Amendment) (No. 2) Order 2018

Made: 7th November 2018

Laid before Parliament: 14th November 2018

Coming into force: 5th December 2018

At the Court at Buckingham Palace, the 7th day of November 2018Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement

1

This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2018 and comes into force on 5th December 2018.

Amendment of the Air Navigation Order 2016

2

The Air Navigation Order 2016[^f00002] is amended as follows.

Prohibition on carrying on board sporting weapons or munitions of war

3

In article 99(1) for “article 100(2) and (3)” substitute “article 100(2), (2A) and (3)”.

4

After article 100(2) insert—

(2A) Article 99 does not apply to a police officer who takes a munition of war on board an aircraft if— (a) the officer is acting in the course of the officer’s duty; and (b) the munition of war is removed from the aircraft before the aircraft takes off.

Aircrew

5

In article 168 for “Chapter 3” substitute “Chapter 2 of this Part”.

Penalties

6

After Schedule 13, Part 1, Chapter 9 insert—

7

In Schedule 13, Part 2, Chapter 4, after the entry for SPA.HEMS.100 insert—

8

After Schedule 13, Part 2, Chapter 10 insert—

9

After Schedule 13, Part 3, Chapter 11 insert—

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends articles 99, 100 and 168 of the Air Navigation Order 2016 (“the 2016 Order”) and creates offences in respect of Annex III (Organisation Requirements for Air Operations, Part-ORO) and Annex V (Specific Approvals), Subpart K (Approval of helicopter offshore operations), of Commission Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 (“the Air Operations Regulation”).

Articles 3 and 4 amend articles 99 and 100 of the 2016 Order which prohibit the carrying of a sporting weapon or munition of war on board an aircraft. It creates an exception where a police officer takes a munition of war on board an aircraft, provided the officer is acting in the course of the officer’s duty and the munition is removed from the aircraft before the aircraft takes off.

Article 5 makes a minor correction to article 168 of the 2016 Order.

Articles 6, 8 and 9 provide for criminal offences for breach of specified obligations relating to the Organisation Requirements for Air Operations as set out in Annex III to the Air Operations Regulation.

Article 7 provides for a criminal offence for breach of a specified obligation relating to the approval of helicopter offshore operations as set out in Annex V to the Air Operations Regulation.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has not been produced as it creates no new requirements that would have such an effect.

Footnotes

[^f00001]: 1982 c.16. Section 60 was amended by the Aviation and Maritime Security Act 1990 (c.31), section 47.

[^f00002]: S.I. 2016/765, amended by S.I. 2017/1112 and S.I. 2018/623.