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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Air Navigation (Amendment) (No. 2) Order 2018 URL: http://www.bailii.org/uk/legis/num_reg/2018/uksi_20181160_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This Statutory Instrument has been made partly in consequence of a defect in S.I. 2016/765 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
Civil Aviation
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 2018
Present,
The Queen's Most Excellent Majesty in Council
This Order is made in exercise of the powers conferred by sections 60(1), (2), (3)(d), (e), (h), (n) and (q) and 61(1)(a) of, and paragraph 2 of Part 3 of Schedule 13 to, the Civil Aviation Act 1982(1).
Her Majesty, by and with the advice of Her Privy Council, orders as follows:
1. This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2018 and comes into force on 5th December 2018.
2. The Air Navigation Order 2016(2) is amended as follows.
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.".
5. In article 168 for "Chapter 3" substitute "Chapter 2 of this Part".
6. After Schedule 13, Part 1, Chapter 9 insert-
| Provision of Part-ORO | Subject matter |
|---|---|
| ORO.GEN.135(b) | Continued validity of an AOC |
| ORO.GEN.215 | Facility requirements |
| ORO.MLR.110 | Journey log |
| ORO.MLR.115 | Record-keeping |
| ORO.FTL.240 | Nutrition |
| ORO.FTL.245 | Records of home base, flight times, duty and rest periods". |
7. In Schedule 13, Part 2, Chapter 4, after the entry for SPA.HEMS.100 insert-
| "SPA.HOFO.105 | Approval for helicopter offshore operations". |
8. After Schedule 13, Part 2, Chapter 10 insert-
| Provision of Part-ORO | Subject matter |
|---|---|
| ORO.GEN.110(a) to (i) inclusive | Operator responsibilities |
| ORO.GEN.120(b) to (d) inclusive | Means of compliance |
| ORO.GEN.130 | Changes related to an AOC holder |
| ORO.GEN.140 | Access |
| ORO.GEN.150(c) | Findings |
| ORO.GEN.155 | Immediate reaction to a safety problem |
| ORO.GEN.200 | Management system |
| ORO.GEN.205 | Contracted activities |
| ORO.GEN.210 | Personnel requirements |
| ORO.GEN.220 | Record-keeping |
| ORO.AOC.110(b) and (f) | Leasing agreement |
| ORO.AOC.115 | Code-share agreements |
| ORO.AOC.125(a) | Non-commercial operations of aircraft listed in the operations specifications by the holder of an AOC |
| ORO.AOC.130 | Flight data monitoring–aeroplanes |
| ORO.AOC.135 | Personnel requirements |
| ORO.AOC.140 | Facility requirements |
| ORO.AOC.150 | Documentation requirements |
| ORO.SPO.100 | Common requirements for commercial specialised operators |
| ORO.MLR.100 (other than (c) and (h)) | Operations manual – general |
| ORO.MLR.105 | Minimum equipment list |
| ORO.FC.100 (other than (d)) | Composition of flight crew |
| ORO.FC.105 (other than (d)) | Designation as pilot-in-command/commander |
| ORO.FC.110 | Flight engineer |
| ORO.FC.115 | Crew resource management (CRM) training |
| ORO.FC.120 | Operator conversion training |
| ORO.FC.125 | Differences training and familiarisation training |
| ORO.FC.130 | Recurrent training and checking |
| ORO.FC.135 | Pilot qualification to operate in either pilot's seat |
| ORO.FC.140 | Operation on more than one type or variant |
| ORO.FC.145 | Provision of training |
| ORO.FC.200 | Composition of flight crew |
| ORO.FC.A.201 | In-flight relief of flight crew members |
| ORO.FC.202 | Single-pilot operations under IFR or at night |
| ORO.FC.205 | Command course |
| ORO.FC.215 | Initial operator's crew resource management (CRM) training |
| ORO.FC.220 | Operator conversion training and checking |
| ORO.FC.230 | Recurrent training and checking |
| ORO.FC.235 | Pilot qualification to operate in either pilot's seat |
| ORO.FC.240 (other than (c)) | Operation on more than one type or variant |
| ORO.FC.A.245 (other than (a) and (e)) | Alternative training and qualification programme |
| ORO.FC.A.250(a) | Commanders holding a CPL(A) |
| ORO.FC.H.250 | Commanders holding a CPL(H) |
| ORO.FC.330 | Recurrent training and checking – operator proficiency check |
| ORO.CC.100 | Number and composition of cabin crew |
| ORO.CC.110 | Conditions for assignment to duties |
| ORO.CC.115 | Conduct of training courses and associated checking |
| ORO.CC.120 | Initial training course |
| ORO.CC.125 | Aircraft type specific training and operator conversion training |
| ORO.CC.130 | Differences training |
| ORO.CC.135 | Familiarisation |
| ORO.CC.140 | Recurrent training |
| ORO.CC.145 | Refresher training |
| ORO.CC.200 | Senior cabin crew member |
| ORO.CC.205 | Reduction of the number of cabin crew during ground operations and in unforeseen circumstances |
| ORO.CC.210 | Additional conditions for assignment to duties |
| ORO.CC.215 | Training and checking programs and related documentation |
| ORO.CC.250 | Operation on more than one aircraft type or variant |
| ORO.CC.255 | Single cabin crew member operations |
| ORO.TC.105 | Conditions for assignment to duties |
| ORO.TC.110 | Training and checking |
| ORO.TC.115 | Initial training |
| ORO.TC.120 | Operator conversion training |
| ORO.TC.125 | Differences training |
| ORO.TC.130 | Familiarisation flights |
| ORO.TC.135 | Recurrent training |
| ORO.TC.140 | Refresher training |
| ORO.FTL.115 | Crew member responsibilities |
| ORO.FTL.120 | Fatigue risk management (FRM) |
| ORO.FTL.125 | Flight time specification schemes |
| ORO.FTL.200 | Home base |
| ORO.FTL.205 | Flight duty period (FDP) |
| ORO.FTL.220 | Split duty |
| ORO.FTL.225(a), (e) and (f) | Standby and duties at the airport |
| ORO.FTL.230 | Reserve |
| ORO.FTL.235 | Rest periods |
| ORO.FTL.250 | Fatigue management training". |
9. After Schedule 13, Part 3, Chapter 11 insert-
| Provision of Part-ORO | Subject matter |
|---|---|
| ORO.GEN.110(j) to (k) inclusive | Operator responsibilities |
| ORO.GEN.125 | Terms of approval and privileges of an AOC holder |
| ORO.GEN.160 | Occurrence reporting |
| ORO.AOC.100(a) | Application for an air operator certificate |
| ORO.AOC.120(a) and (b) | Approvals to provide cabin crew training and to issue cabin crew attestations |
| ORO.DEC.100 | Declaration |
| ORO.SPO.110(a) | Authorisation of high risk commercial specialised operations |
| ORO.SPO.115 | Changes |
| ORO.SPO.120 | Continued validity |
| ORO.SEC.100 | Flight crew compartment security – aeroplanes |
| ORO.SEC.105 | Flight crew compartment security – helicopters |
| ORO.FTL.110 | Operator responsibilities |
| ORO.FTL.210 | Flight times and duty periods". |
Richard Tilbrook
Clerk of the Privy Council
(This note is not part of the Order)
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.
1982 c.16. Section 60 was amended by the Aviation and Maritime Security Act 1990 (c.31), section 47.
S.I. 2016/765, amended by S.I. 2017/1112 and S.I. 2018/623.
