The Air Navigation (Overseas Territories) Order 2013

• Citation: S.I. 2013/2870
• Sections: 265

Section 1 Citation and Commencement

This Order may be cited as the Air Navigation (Overseas Territories) Order 2013 and comes into force on 1st January 2014.

Section 2 Revocation

The Orders specified in Schedule 1 to this Order are revoked.

Section 3 Interpretation

(1) In this Order, unless the context otherwise requires—

“ the Act ” means the Civil Aviation Act 1949;

“aerial work” has the meaning assigned to it by article 126;

“aerial work aircraft” means an aircraft (other than a commercial air transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

“aerial work undertaking” means an undertaking whose business includes the performance of aerial work;

“aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“aerodrome control service” means an air traffic control service for any aircraft on the manoeuvring area or apron of the aerodrome in respect of which the service is being provided or which is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface;

“aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;

“aerodrome traffic zone” means the airspace specified in sub-paragraphs (a) and (b), being airspace in the vicinity of an aerodrome which is notified for the purposes of rule 45 of the Rules of the Air—

in relation to such an aerodrome at which the length of the longest runway is notified as 1850 metres or less—

subject to sub-paragraph (ii), the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles;

where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this sub-paragraph is notified as being applicable, sub-paragraph (b) applies as though the length of the longest runway is notified as greater than 1850 metres;

in relation to such an aerodrome at which the length of the longest runway is notified as greater than 1850 metres, the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2½ nautical miles;

except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;

“aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

“aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

“aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

“aeronautical telecommunications service” means a telecommunication service provided for any aeronautical purpose;

“air traffic control service” means a service provided for the purpose of preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

“air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or place to give instructions, advice or information by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to provide a flight information service to aircraft;

“air transport undertaking” means an undertaking whose business includes the undertaking of flights for the purposes of commercial air transport;

“annual costs” in relation to the operation of an aircraft means the best estimate reasonably practicable at the time of a particular flight in respect of the year commencing on the first day of January preceding the date of the flight of the costs of keeping and maintaining, and the indirect costs of operating, the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;

“annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft in respect of the year commencing on the first day of January preceding the date of the flight;

“approach control service” means an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of, the aerodrome traffic zone of the aerodrome in respect of which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;

“approach to landing” means that portion of the flight of the aircraft when approaching to land in which it is descending below a height of1000 feet above the relevant specified decision height or minimum descent height;

“appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

“appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit notified as serving the area in which the aircraft is for the time being, or the air traffic control unit notified as serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;

“apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;

“area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;

“ ASSI ” means Air Safety Support International Limited, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2 January 2003;

“authorised person” means any person authorised by the Governor, or, as the case may be, the Secretary of State, either generally or in relation to a particular case or class of cases, and references to a person so authorised include references to the Director of Civil Aviation or the holder for the time being of any office designated by the Governor under article 6 of this Order or any officer of the Police Authority of the Territory acting in the course of his duty;

“beneficial interest” includes interests arising under contract and other equitable interests;

“British-controlled aircraft” has the same meaning as in section 92 of the Civil Aviation Act 1982;

“British protected person” has the same meaning as in section 50 of the British Nationality Act 1981 ;

“cabin crew” in relation to an aircraft means those persons on a flight carried for the purpose of performing in the interests of the safety of passengers duties to be assigned by the operator or the pilot-in-command of the aircraft but who do not act as a member of the flight crew;

“captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;

“captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

“cargo” includes mail and animals;

“certificated aerodrome” means an aerodrome certificated under this Order;

“certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

“certificate of release to service issued under the Order” has the meaning assigned to it by article 32(6);

“certificated for single pilot operation” means an aircraft that is not required to carry more than one pilot by virtue of any one or more of the following—

the certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered or the related flight manual;

if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force for the aircraft or the related flight manual;

if no certificate of airworthiness is or has previously been in force but the aircraft is identical in design with an aircraft in respect of which such a certificate is or has been in force, the certificate of airworthiness which is or has been in force for such an identical aircraft or the related flight manual; or

in the case of an aircraft flying in accordance with the conditions of a permit to fly issued by the Governor, that permit to fly;

“circling approach” means an extension of an instrument approach procedure which provides for visual circling of the aerodrome prior to landing;

“the Civil Aviation Authority” means the body corporate constituted in accordance with the provisions of section 2 of the Civil Aviation Act 1982;

“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;

“cloud ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

“commercial air transport” has the meanings assigned to it by articles 195 to 200;

“commercial air transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of commercial air transport;

“the Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981 and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction;

“competent authority” means in relation to the Territory, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;

“conditional sale agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974 ;

“congested area” in relation to a city, town or settlement, means any area that is substantially used for residential, industrial, commercial or recreational purposes;

“Contracting State” means any State (including the United Kingdom and its Territories and Dependencies) that is a party to the Convention on Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on 7 December 1944;

“controllable balloon” means a balloon which is not a small balloon and which is capable of free controlled flight;

“controlled airspace” means airspace that has been notified as Class A, Class B, Class C, Class D or Class E airspace;

“control area” means controlled airspace that has been further notified as a control area and which extends upwards from a notified altitude or flight level;

“control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;

“co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

“country” includes a territory;

“crew” means any person carried in an aircraft who is—

a member of the flight crew;

a person carried on the flight deck who is assigned by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 99(2) of this Order;

a member of the cabin crew; or

a task specialist who is assigned by the operator to perform specialised tasks on board or from the aircraft;

“danger area” means airspace which has been notified as such within which activities dangerous to the flight of aircraft may take place or exist at such times as may be notified;

“day” means a continuous period of 24 hours beginning at midnight Co-ordinated Universal Time; or for the purposes of articles 41 and 70, the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;

“decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach or approach with vertical guidance at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

“declared distances” has the meaning which has been notified;

“direct costs” means the costs actually and necessarily incurred in connection with a flight without a view to profit but excluding any remuneration payable to the pilot for his services as such;

“director” has the same meaning as in section 250 of the Companies Act 2006 ;

“flight” and “to fly” have the meanings respectively assigned to them by paragraph (3);

“flight checking service” is a service performed for the purpose of verifying or validating the suitability of an instrument flight procedure or the performance of the navigation aids or systems that support such a procedure and the integrity of the data derived therefrom;

“flight crew” means, in relation to an aircraft, those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft;

‘flight data monitoring programme’ means a programme of analysing recorded flight data in order to improve the safety of flight operations;

“flight information service unit” means a person appointed by the Governor or by any other person in charge of an aerodrome or area control centre—

in the case of such a unit appointed in respect of an aerodrome to—

give information by means of radio signals to aircraft flying in or intending to fly within the aerodrome traffic zone of that aerodrome; and

grant or refuse clearance under Rule 35 or 36(1) of the Rules of the Air;

in the case of such a unit appointed in respect of an area control centre, to give information by means of radio signals to aircraft;

and “flight information service”, “aerodrome flight information service” and “aerodrome flight information service unit” shall be construed accordingly;

“flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 hectopascals;

“flight manual” means a document provided for an aircraft stating the limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements, and additional instructions and information necessary for the safe operation of the aircraft;

“flight recorder” means any type of recorder installed in the aircraft for the purpose of complementing accident or incident investigations or for use in a flight data monitoring programme;

“flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

“flying display” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

“flying machine” means an aeroplane, a powered lift tilt rotor aircraft, a helicopter or a gyroplane;

“free balloon” means a balloon which, when in flight, is not attached by any form of restraining device to the surface;

“free controlled flight” means flight during which a balloon is not attached to the surface by any form of restraining device (other than a tether not exceeding 5 metres in length which may be used as part of the take-off procedure) and during which the height of the balloon is controllable by means of a device attached to the balloon and operated by the pilot-in-command of the balloon or by remote control;

“general lighthouse authority” has the same meaning as in section 193 of the Merchant Shipping Act 1995 ;

“glider” means a non-power-driven heavier-than-air aircraft which derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“Governor” means the person for the time being administering the Government of the Territory and, in relation to such of the functions of the Governor under this Order as are specified in a designation made by the Governor under article 6, includes any person specified in that designation to carry out those functions;

“hire-purchase agreement” has the same meaning as in section 189 of the Consumer Credit Act 1974;

“holding procedure” means a predetermined manoeuvre which keeps an aircraft within a specified airspace while awaiting further clearance;

“instructor’s rating” means a flying instructor’s rating, an assistant flying instructor’s rating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane), an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter);

“instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;

“instrument flight procedure” means a generic term to include individually, in whole or in part, “instrument approach procedure”, “standard instrument arrival”, “standard instrument departure”, “circling approach” and “holding procedure” designed in accordance with International Civil Aviation Organization Procedures for Air Navigation Services - Operations;

“ IFR ” means the Instrument Flight Rules;

“ Instrument Flight Rules ” means Instrument Flight Rules specified in the Rules of the Air;

“Instrument Meteorological Conditions” means weather that precludes flight in compliance with the Visual Flight Rules ;

“international headquarters” means an international headquarters designated by Order in Council made under section 1 of the International Headquarters and Defence Organisations Act 1964 as extended to the Territory;

“to land” in relation to aircraft includes alighting on the water;

“legal personal representative” means the person so constituted as the executor, administrator, or other representative, of a deceased person;

“let-down” means, in the case of an aircraft approaching an aerodrome to land, a defined procedure designed to enable an aircraft to descend safely to a point at which it can continue the approach visually;

“licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

“lifejacket” means a jacket or waistcoat, incorporating inflatable buoyancy chambers, which is designed to support a person in the water;

“log book” in the case of an aircraft log book, engine log book or variable pitch propeller log book, or personal flying log book, includes a record kept either in a book, or by any other means approved by the Governor in the particular case;

“maintenance” means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or aircraft component, with the exception of pre-flight inspection;

“manoeuvring area” means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

“maximum approved passenger seating configuration” means the maximum passenger seating capacity of an individual aircraft, excluding pilot seats or flight deck seats and cabin crew seats, used by the operator, approved by the competent authority and specified in the operations manual or, if no such approval has been given, the maximum number of passengers that may be carried in an aircraft under and in accordance with its certificate of airworthiness, its flight manual and this Order;

“maximum certificated take-off mass” in relation to an aircraft means the maximum total mass of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

“medical attendant” means a person carried on a flight for the purpose of attending to any person in the aircraft in need of medical attention, or to be available to attend to such a person;

“microlight aeroplane” means an aeroplane designed to carry not more than two persons which has—

a maximum take-off mass not exceeding—

300 kg for a single seat landplane; or

450 kg for a two seat landplane; or

330 kg for a single seat amphibian or floatplane; or

495 kg for a two seat amphibian or floatplane; or

315kg for a single seat landplane equipped with an airframe mounted total recovery parachute system; or

472.5kg for a two-seat landplane equipped with an airframe mounted total recovery parachute system; and

a stalling speed, or minimum steady flight speed, at the maximum take-off mass not exceeding 35 knots calibrated airspeed;

“military aerodrome” means any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air forces or of any visiting force;

“military aircraft” means—

the naval, military or air force aircraft of any country;

any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

“minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach or circling approach below which descent must not be made without the required visual reference;

“nautical mile” means the International Nautical Mile, that is to say, a distance of 1852 metres;

“night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;

“non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

“notified” means shown in any of the following publications for the time being in force and issued in the Territory whether before or after the coming into operation of this Order, that is to say, ‘Notams (Notices to Airmen)’, ‘Aeronautical Information Publications’, OTARs )”, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with;

“operator” has the meaning assigned to it by paragraph (4);

“operating site” means a place other than an aerodrome, selected by the operator or the pilot-in-command for the landing or take-off of an aircraft;

“operating staff” means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions;

“ OTAR ” means Overseas Territories Aviation Requirements published by the Governor under article 5 or article 7 or article 74(1)(c);

“parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

“passenger” means a person other than a member of the crew;

“Performance Class 1 operations” means flights where, in the event of the failure of an engine, the helicopter will be able to safely continue the flight and land at an appropriate landing area unless the engine failure recognition occurs during take-off at or prior to reaching the take-off decision point in which case the helicopter will be able to safely land back within the area from which it has taken off;

“Performance Class 2 operations” means flights where, in the event of the failure of an engine, the helicopter will be able to safely continue the flight to an appropriate landing area or, where the failure occurs at a point during the take-off manoeuvre or the landing manoeuvre when it cannot do so, the helicopter will be able to carry out a forced landing;

“Performance Class 3 operations” means flights where, in the event of the failure of an engine at any time during the flight, the helicopter will be required to carry out a forced landing;

“pilot-in-command” in relation to an aircraft means the pilot designated by the operator as being in command and charged with the safe conduct of a flight, or, if no such designation has been made, the person who for the time being is in charge of piloting the aircraft without being under the direction of any other pilot in the aircraft;

“precision approach” means an instrument approach using precision lateral and vertical guidance;

“prescribed” means prescribed by regulations made by the Governor under this Order, and the expression “prescribe” shall be construed accordingly;

“pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

“private flight” means a flight which is neither for the purpose of aerial work nor commercial air transport;

“record” includes, in addition to a record in writing—

a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument); and

a photograph;

and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied in the record, in the case of a record falling within paragraph (b) only of this definition, a still reproduction of the images embodied in the record, and in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;

“released flight” means flight by an uncontrollable balloon during which it is not attached to the surface by any form of restraining device;

“replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it; but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

“Rules of the Air” means the rules in Schedule 4 and any supplementary rules made by the Governor under article 67(1);

“runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface markings may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the mid-point of the runway; and the distance, if any, communicated to the pilot-in-command of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range must be taken to be the runway visual range for the time being;

“safety management system” means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

“scheduled journey” means one of a series of journeys that are undertaken between the same two places and which together amount to a systematic service;

“seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water;

“sector” means part of the airspace controlled from an area control centre or other place;

“small balloon” means a balloon of not more than two metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon;

“small unmanned aircraft” means any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight;

“special VFR flight” means a flight which is a special VFR flight for the purposes of the Rules of the Air;

“specified requirements” means the OTARs;

“standard instrument arrival” means a designated IFR arrival route linking a significant point, normally on an air traffic service route, with a point from which a published instrument approach procedure can be commenced;

“standard instrument departure” means a designated IFR departure route linking the aerodrome or a specified runway of the aerodrome with a specified significant point, normally on a designated air traffic service route, at which the en-route phase of a flight commences;

“State of registry” means the Contracting State in which an aircraft is registered;

“State of the operator” means for the purposes of articles 24(1), 36(1), 45 and 82(1) the State in which the operator of an aircraft has its principal place of business (as defined in article 94(4)) or, if it has no such place of business, its permanent residence, in circumstances where—

that aircraft is registered in another Contracting State;

the operator is operating that aircraft under an agreement for its lease, charter or interchange or any similar arrangement;

the State in which the aircraft is registered has, by agreement with the State in which the operator of the aircraft has its principal place of business or, if it has no such place of business, its permanent residence, agreed to transfer to it its functions and duties as State of registry in respect of that aircraft in relation to, in the case of article 24(1), airworthiness, in the case of article 36(1), aircraft radio equipment, in the case of article 45, flight crew licensing or in the case of article 82(1), radio licensing; and

the agreement has been registered with the Council of the International Civil Aviation Organization.

“Supreme Court” means the highest court exercising original jurisdiction in respect of the Territory;

“synthetic training device” means apparatus in which flight conditions in an aircraft are simulated on the ground;

“task specialist” means a person assigned by the operator or a third party, or acting as an undertaking, who—

performs tasks on the ground directly associated with a specialised task; or

performs specialised tasks on board or from the aircraft;

“the Territory” has the meaning assigned to it by article 187 rs;

“tethered flight” means flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device that attaches the balloon to the surface;

“transition altitude” means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

“uncontrollable balloon” means a balloon, not being a small balloon, which is not capable of free controlled flight;

“valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken under an agreement, which is of more than a nominal nature;

“VFR” means the Visual Flight Rules;

“Visual Flight Rules” means Visual Flight Rules prescribed by the Rules of the Air;

“Visual Meteorological Conditions” means weather that permits flight in accordance with the VFR;

“with the surface in sight” means with the flight crew being able to see sufficient surface features or surface illumination to enable the flight crew to maintain the aircraft in a desired attitude without reference to any flight instrument.

(2) In this Order or in regulations made under any of the provisions of this Order references to sums expressed in terms of sterling shall be construed as references to the equivalent sums in the currency of the Territory calculated at such rate of exchange as may be prescribed or as the Governor may by order direct.

(3) An aircraft is deemed to be in flight—

(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

(c) in the case of an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

(d) in the case of a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest thereon; and

(e) in the case of a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest thereon;

and the expressions “a flight” and “to fly” are construed accordingly.

(4) For the purposes of the application of any provision of this Order in relation to any particular aircraft, “operator” means—

(a) subject to paragraph (b), the person who at the relevant time has the management of that aircraft;

(b) for the purposes of Part 3, when a person other than an air transport undertaking or an aerial work undertaking has chartered, hired, leased or borrowed the aircraft for a period not exceeding 14 days that person is not considered to be the operator.

(5) The expressions appearing in the general classification of aircraft in Schedule 2 have the meanings assigned to them in that Schedule.

(6) Any power conferred by this Order to issue, make, serve or grant any instrument is construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.

Section 4 Regulations by the Governor

(1) The Governor may make regulations for prescribing anything that, under the provisions of this Order, is to be prescribed.

(2) A power to make regulations under this Order includes the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the Territory and to make such incidental and supplementary provisions and give instructions as are necessary or expedient for carrying out the purposes of the Order.

(3) Such regulations may prescribe the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, this Order or any regulations made under it and the method by, the time at which and the person to whom such fees must be paid.

(4) Upon an application being made in connection with which any fee is chargeable the applicant may be required, before the application is considered, to pay the whole to or to deposit a portion of the fee or fees chargeable with the Governor or to or with such other person as the regulations may require.

(5) Subject to paragraph (6), if, after payment or a deposit has been made under paragraph (4), the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may refund the amount of such payment or deposit.

(6) Where the amount paid or deposited under paragraph (4) is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cessation or refusal, the Governor may refund the amount so attributable or, subject to paragraph (7), in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cessation or refusal.

(7) If in any case the amount deposited by the applicant is not sufficient to cover the fee ultimately assessed to be chargeable in respect of any investigation, in so far as the same has been carried out at the time when the application is withdrawn or otherwise ceases to have effect or is refused by the Governor, the amount representing the balance of such fee shall be payable by the applicant.

(8) In this article the expression “investigation” includes an inspection, examination, calculation or test.

Section 5 Publication of requirements

(1) Where any provision of this Order provides for the Governor to grant a certificate, licence or other document upon being satisfied as to any matters specified in the provision, to grant a rating in a licence or to require a person to keep or to do something in accordance with the specified requirements or description, the Governor must before determining whether to effect that grant or require such a person to keep or do something—

(a) publish or cause to be published the Governor’s requirements as to those matters in the Territory by means of an OTAR; and

(b) take into account those requirements when determining whether to grant the certificate, licence or other document or to require a person to keep or do something.

(2) Nothing in this article requires the Governor to publish requirements in respect of a licence, certificate or other document if the Governor does not exercise the powers to grant the licence, certificate or document in question.

Section 6 Designation by the Governor

(1) Subject to paragraphs (2), (4) and (5), the Governor may designate a person to carry out those functions of the Governor under this Order that are specified in the designation, subject to such conditions as the Governor thinks fit.

(2) Subject to paragraphs (3), (4) and (5), the Governor of the Territory in which any activity takes place which is subject to any of the provisions of this Order, other than an activity described in Part 1 only of this Order, must designate a person in accordance with paragraph (1).

(3) Subject to paragraph (4) the Governor may revoke or vary a designation made under paragraph (1).

(4) Before making a designation, or revoking or varying a designation made, under paragraph (1), the Governor must consult, and take into account any advice given by, ASSI.

(5) The Governor may not include in any designation made under paragraph (1) the functions of the Governor—

(a) to make rules, orders or regulations or give instructions under this Order; or

(b) under this article or articles 5, 13 or 161.

Section 7 Arrangements for giving effect to the Convention on International Civil Aviation

(1) The Governor must within the Territory issue such instructions or publish such requirements or make such arrangements as are necessary, requisite or expedient for carrying out the Convention on International Civil Aviation and implementing any Annex and any amendment to the Convention, or any such Annex made in accordance with the Convention, or generally for regulating and securing the safety of international air navigation in accordance with section 8(1) of the Act.

(2) Under the provisions of paragraph (1) the Governor must in particular—

(a) provide or secure the provision of a meteorological service to meet the needs of international air navigation, with due regard to regional air navigation agreements and must designate the appropriate authority to provide or arrange for the provision of such meteorological service;

(b) provide or secure the provision in the Territory of aeronautical charts that comply with the specified requirements;

(c) arrange for the establishment and provision of search and rescue services within the Territory, and in such portions of the high seas that are the responsibility of the Territory under regional air navigation agreements; and

(d) provide or secure the provision of an aeronautical information service.

(3) The Governor must arrange for the details of the services and arrangements provided in accordance with paragraph (2) to be included in an Aeronautical Information Publication relating to the Territory.

Section 8 Power to prevent aircraft flying

(1) If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown—

(a) in such circumstances that any provision of article 14, 22, 24, 40, 44, 84, 94, 100, 107, 111 or 178(2) would be contravened in relation to the flight;

(b) in such circumstances that the flight would be in contravention of any other provision of this Order or of any regulations made under it, and be a cause of danger to any person or property whether or not in the aircraft; or

(c) while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, or of any regulations made under it;

the Governor or that authorised person may direct the operator or the pilot-in-command of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person.

(2) For the purposes of paragraph (1) the Governor or any authorised person may enter upon and inspect any aircraft, and the Governor or that authorised person may take such steps as are necessary to detain the aircraft.

(3) If it appears to the Secretary of State or to the Governor or to an authorised person that any aircraft is intended or is likely to be flown in such circumstances that any provision of article 135 or 137 would be contravened in relation to the flight, the Secretary of State, the Governor or that authorised person may direct the pilot-in-command of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State, the Governor or by an authorised person.

(4) For the purposes of paragraph (3) the Secretary of State or the Governor or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft and the Secretary of State, or the Governor or any authorised person may take such steps as are necessary to detain the aircraft.

Section 9 Right of access to aerodromes and other places

(1) The Governor, and any authorised person, has the right of access at all reasonable times—

(a) to any aerodrome, including any facility provided for rescue and fire fighting at the aerodrome, for the purpose of inspecting the aerodrome;

(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which may be demanded under this Order, or for the purpose of detaining any aircraft under this Order;

(c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which may be demanded under this Order and for the purpose of detaining the aircraft under this Order;

(d) to any building or place from which an air traffic control service is being provided or where any aeronautical telecommunications service requiring approval under article 153 is situated for the purpose of inspecting—

(i) any equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground; or

(ii) any document or record which may be demanded under this Order.

(e) to any place where a service described in article 7(1) and 7(2) is designed, directed, arranged or provided, for the purpose of determining whether such services are being provided satisfactorily; and

(f) to inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any document relating to them and may for that purpose go upon any aerodrome or enter any aircraft factory or other premises, including premises used for any of the purposes of the maintenance, overhaul, repair or modification of an aircraft or of any of the material, parts or equipment installed or to be installed in an aircraft.

(2) Access to a military aerodrome may only be obtained with the permission of the person in charge of the aerodrome.

Section 10 Exemption from the Order

The Governor (including any person designated by the Governor under article 6) may exempt from any of the provisions of this Order (other than articles 12, 13, 65, 66, 135, 136, 137, 186, and 193) or any regulations made under it, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as the Governor thinks fit.

Section 11 Revocation, suspension and variation of certificates, licences and other documents

(1) Subject to paragraph (5), the Governor may provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorisation or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case.

(2) Subject to paragraph (6) the Governor may, on being satisfied as to sufficient ground being shown following due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

(3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order must surrender it to the Governor within a reasonable time after being required to do so by the Governor.

(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a certificate issued in respect of an aerodrome, has been granted or issued or which has effect under this Order, in the absence of provision to the contrary in the document, renders the document invalid during the continuance of the breach.

(5) Nothing in this article applies to any permission to which article 12 applies.

(6) A flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Governor, whether or not after due inquiry.

Section 12 Revocation, suspension and variation of permissions, etc. granted under article 135 or article 137

(1) The Secretary of State may revoke, suspend or vary any permit to which this article applies.

(2) Save as provided by paragraph (3), the Secretary of State may exercise the powers under paragraph (1) only after notifying the permit-holder of the intention to do so and after due consideration of the case.

(3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary to do so, the Secretary of State may provisionally suspend or vary a permit without complying with the requirements of paragraph (2); but must in any such case comply with those requirements as soon thereafter as is reasonably practicable and must then either—

(a) revoke the provisional suspension or variation of the permit; or

(b) substitute for it a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be on the same or different terms as the provisional variation (if any).

(4) The powers vested in the Secretary of State by paragraph (1) and paragraph (3) may be exercised whenever, in the Secretary of State’s judgement and whether or not by reason of anything done or omitted to be done by the permit-holder or otherwise connected with the permit-holder, it is necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, the rights conferred by a permit to which this article applies or should enjoy them subject to such limitations or qualifications as the Secretary of State may determine.

(5) In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise those powers if it appears to the Secretary of State that—

(a) the person to whom the permit was granted has committed a breach of any condition to which it is subject;

(b) any agreement between Her Majesty’s Government in the United Kingdom and the Government of any other country in pursuance of which or in reliance on which the permit was granted is no longer in force or that that other Government has committed a breach of the agreement;

(c) the person to whom the permit was granted, or a Government which is a party to an agreement referred to in sub-paragraph (b), or the aeronautical authorities of the country concerned, have—

(i) acted in a manner which is inconsistent with or prejudicial to the operation in good faith, and according to its object and purpose, of any such agreement; or

(ii) engaged in unfair, discriminatory or restrictive practices to the prejudice of the holder of an Air Transport Licence granted under section 65 of the Civil Aviation Act 1982 or the holder of a route licence granted under that section as applied by section 69A of that Act in the operation of air services to or from points in the country concerned or of the operator of an aircraft registered in and licensed to operate from any of the Territories by regulations under section 13 of that Act in the operation of air services to or from points in the country concerned; or

(d) the person to whom the permit was granted, having been granted it as a person designated by the Government of a country other than the United Kingdom for the purposes of any such agreement, is no longer so designated or that that person has so acted, or that such circumstances have arisen in relation to that person, as to make it necessary or expedient to disregard or qualify the consequences of being so designated.

(6) The permit-holder or any person having the possession or custody of any permit which has been revoked, suspended or varied under this article must surrender it to the Secretary of State within a reasonable time of being required by the Secretary of State to do so.

(7) The breach of any condition subject to which any permit to which this article applies has been granted renders the permit invalid during the continuance of the breach.

(8) The permits to which this article applies are permissions granted by the Secretary of State or the Governor as the case may be under article 135 or article 137 and any approvals or authorisations of, or consents to, any matter which the Secretary of State or the Governor has granted, or is deemed to have granted, in pursuance of a permission which either of them has so granted.

(9) References in this article to the “permit-holder” are references to the person to whom any permit to which this article applies has been granted, or that is deemed to have been granted.

(10) The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under this article in respect of permissions granted by the Secretary of State or the Governor as the case may be under article 135 and any approvals or authorisations of, or consents to, any matter which the Secretary of State or the Governor has granted, or is deemed to have granted, in pursuance of a permission which either of them has so granted.

Section 13 Review by the Governor

(1) Where any person designated under article 6—

(a) decides that it would be inexpedient in the public interest to register an aircraft in the Territory; or

(b) refuses an application for the grant, validation or variation of a licence, certificate, approval, authorisation or rating; or

(c) decides to cancel the registration of an aircraft; or

(d) decides to revoke, suspend or vary a licence, certificate, approval, authorisation, validation or rating otherwise than on the application of the holder;

the person designated must serve on the person concerned a notice stating the reasons for the decision and the person concerned may, within 14 days of the date of the service of the notice, serve on the Governor a request that the decision be reviewed by the Governor.

(2) Where such a request under paragraph (1) has been duly served the Governor must, before making a decision, consider any oral representations which may be made to the Governor or any representations in writing which may have been served upon the Governor by the person concerned within 21 days after the date of service of the request and may, before making a decision, consider the advice of such technical assessors as the Governor may appoint as advisers, provided that the Governor must not appoint as an assessor any person who participated in the decision or proposal or in giving or assessing any test or examination which is to be the subject of the Governor’s decision.

Section 14 Aircraft to be registered

(1) An aircraft must not fly in or over the Territory unless it is registered in—

(a) a Contracting State; or

(b) some other country with which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over the Territory of aircraft registered in that country.

(2) Any aircraft may fly unregistered on any flight which—

(a) begins and ends in the Territory without passing over any other country; and

(b) is in accordance with the conditions of a permit issued by the Governor.

(3) Paragraph (1) does not apply to any kite or captive balloon.

(4) If an aircraft flies in or over the Territory in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in the Territory an offence against this Order would have been committed, the same offence is deemed to have been committed in respect of that aircraft.

Section 15 Registration of aircraft in the Territory

(1) The Governor is the authority for the registration of aircraft in the Territory and is responsible for maintaining the register in a legible form.

(2) An aircraft must not be registered or continue to be registered in the Territory if it appears to the Governor that—

(a) the aircraft is registered outside the Territory and that such registration does not cease by operation of law upon the aircraft being registered in the Territory;

(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share in the aircraft;

(c) the aircraft could more suitably be registered in some other Contracting State; or

(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in the Territory.

Section 16 Qualifications for registration

(1) The following persons are qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory or a share therein—

(a) the Crown in right of Her Majesty’s Government in the United Kingdom or in right of the Government of the Territory;

(b) British Nationals, British Overseas Territories Citizens and British protected persons;

(c) persons ordinarily resident or domiciled in the Territory;

(d) bodies incorporated and having a registered office in the Territory or in the United Kingdom.

(2) If an unqualified person residing or having a place of business in the Territory holds a legal or beneficial interest by way of ownership in an aircraft, or a share in an aircraft, the Governor may register the aircraft in the Territory upon being satisfied that the aircraft may otherwise be properly registered.

(3) If an unqualified person has registered an aircraft under paragraph (2), that aircraft must not be used for the purpose of commercial air transport or aerial work while it is so registered.

(4) If an aircraft is chartered by demise to a qualified person the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the Territory in the name of the charterer by demise upon being satisfied that the aircraft may otherwise be properly registered.

(5) Subject to the provisions of this Part, an aircraft registered under paragraph (4) may remain registered during the continuation of the charter.

Section 17 Application for registration

(1) An application for registration of an aircraft in the Territory must be made in writing to the Governor and must include or be accompanied by the particulars and information specified in the Governor’s published requirements.

(2) Upon receiving an application for the registration of an aircraft in the Territory, the Governor must register the aircraft upon being satisfied that the aircraft may properly be so registered and must include in the register such particulars that the Governor may specify.

(3) The Governor must supply to the registered owner a certificate of registration.

Section 18 Changes to the register

(1) If, at any time after an aircraft has been registered in the Territory, an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share in the aircraft, the registration of the aircraft becomes void and the registered owner must immediately return the certificate of registration to the Governor.

(2) Any person who is the registered owner of an aircraft registered in the Territory must immediately inform the Governor in writing of—

(a) any change in the information that was supplied to the Governor when the application was made for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(c) the termination of the demise charter in the case of an aircraft registered under article 16(4).

(3) Any person who becomes the owner of an aircraft registered in the Territory must inform the Governor in writing within 28 days of becoming the owner.

(4) The Governor may, whenever it appears necessary or appropriate to do so for giving effect to this Part or to correct or bring the register up to date, amend the register or cancel the registration of an aircraft, and the Governor must cancel that registration within two months upon being satisfied that there has been a change in the ownership of the aircraft.

Section 19 General provisions

(1) The Governor may, by regulations, adapt or modify the provisions of this Part as the Governor considers necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Territory register, either generally or in relation to a particular case or class of cases.

(2) In this Part references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of membership of a flying club and references in this Part to the registered owner of an aircraft includes, in the case of a deceased person, his or her legal personal representative, and in the case of a body corporate which has been dissolved, its successor.

(3) Nothing in this Part requires the Governor to cancel the registration of an aircraft if the Governor does not consider it in the public interest to do so.

Section 20 Aircraft subject to a mortgage

The registration of an aircraft which is the subject of an undischarged mortgage entered in the Register of Aircraft Mortgages kept in the Territory under legislation in force in the Territory relating to the mortgaging of aircraft, does not become void by virtue of this Part, nor without prejudice to the Governor’s powers under articles 15(2) and 18(4) may the Governor cancel the registration of such an aircraft under this Part unless all persons shown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented to the cancellation.

Section 21 Provision of information

When requested to do so the Governor must transmit to the Civil Aviation Authority particulars of all registrations, and of changes in or cancellations of registrations, entered in the register in such form as the Civil Aviation Authority specifies.

Section 22 Nationality and registration marks

(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) must not fly unless it has painted or fixed on it, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

(2) The nationality mark to be borne by aircraft registered in the Territory shall consist of a group of two capital letters in Roman character and the registration mark shall consist of a group of three capital letters in Roman character and both the nationality mark and the registration mark must comply with requirements published by the Governor under article 5.

(3) An aircraft must not bear any marks which would indicate—

(a) that the aircraft is registered in a country in which it is not in fact registered; or

(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

(4) Marks approved by the Governor for the purposes of flight in accordance with a permit to fly do not mean that the aircraft is registered in a country in which it is not in fact registered.

Section 23 Type Acceptance Certificate

(1) A certificate of airworthiness for an aircraft registered in the Territory must not be issued unless there is in force a Type Acceptance Certificate issued by the Governor for that aircraft type.

(2) Any person who intends to operate an aircraft to be registered in the Territory of a type for which a Type Acceptance Certificate has not been issued must apply, or cause an application to be made, to the Governor for the issue of a Type Acceptance Certificate for that aircraft type in accordance with this article and the published requirements of the Governor.

(3) A “Type Acceptance Certificate” means a document issued by the Governor for an aircraft on the basis of a Type Certificate for that aircraft type that is acceptable to the Governor.

(4) A “Type Certificate” means a document issued by a Contracting State or the European Aviation Safety Agency on behalf of the European Union Member States to define the design of an aircraft type and to certify that the design meets the appropriate airworthiness requirements of that State.

Section 24 Certificate of airworthiness to be in force

(1) An aircraft must not fly unless—

(a) there is in force for the aircraft a certificate of airworthiness issued or rendered valid under the law of the country in which the aircraft is registered, or the State of the operator; and

(b) any conditions subject to which the certificate was issued or rendered valid are complied with.

(2) The prohibition in paragraph (1) does not apply to flights made wholly within the Territory, of—

(a) a glider, flying on a private flight or an aerial work flight which consists of the giving of instruction in flying or the conduct of flying tests in a flying club environment;

(b) a balloon flying on a private flight;

(c) a kite;

(d) an aircraft flying in accordance with a permit to fly issued by the Governor under article 28.

(3) In the case of an aircraft registered in the Territory the certificate of airworthiness referred to in paragraph (1) is a certificate issued under article 25.

Section 25 Issue, renewal and validity of certificate of airworthiness

(1) The Governor must issue a certificate of airworthiness for any aircraft upon being satisfied that the specified requirements have been complied with and on being satisfied that the aircraft is fit to fly having regard to—

(a) the design, construction, workmanship and materials of the aircraft, including in particular any engines fitted in the aircraft, and of any equipment carried in the aircraft which is necessary for the airworthiness of the aircraft;

(b) the results of flying trials, and such other tests of the aircraft as the Governor may require; and

(c) subject to paragraph (2), the issue of a certificate of release to service under and in accordance with the provisions of article 32.

(2) A certificate of release to service is not required in respect only of the re-issue of a certificate of airworthiness under paragraph (1).

(3) Nothing in this Order obliges the Governor to accept an application for the issue of a certificate of airworthiness or for the variation or re-issue of any such certificate when the application is not supported by such reports from such persons as the Governor may specify (either generally or in a particular case or class of cases).

Section 26 Continued airworthiness

(1) An aircraft registered in the Territory for which a certificate of airworthiness is in force must not fly unless—

(a) the aircraft is maintained in accordance with an approved maintenance programme;

(b) the aircraft’s maintenance and continued airworthiness (including that of its engines, equipment and radio station) is managed by a person or organisation approved by the Governor in accordance with the specified requirements;

(c) all mandatory airworthiness or equivalent directives issued by the State responsible for the certification standard of the aircraft have been complied with;

(d) all inspections required in respect of the aircraft under the provisions of this Order have been completed; and

(e) a flight manual or equivalent document is available for use by the flight crew containing—

(i) the limitations within which the aircraft is considered airworthy; and

(ii) such additional instructions and information as may be necessary to secure compliance with the specified performance and operational requirements relating to that aircraft.

(2) The operator of an aircraft registered in the Territory that is operated under an air operator certificate issued under article 94 must appoint a post holder acceptable to the Governor on the basis of that person’s training, qualifications and experience, who is responsible for the continued airworthiness management of the aircraft.

(3) The operator, owner or, where an aircraft is chartered by demise, the lessee of an aircraft—

(a) which is registered in the Territory;

(b) of which the maximum certificated take-off mass exceeds 2700 kg; and

(c) that is not operated for commercial air transport purposes by the holder of an air operator’s certificate issued under article 94;

must appoint a technical coordinator, acceptable to the Governor, who must ensure that arrangements for continued airworthiness management are established in accordance with the specified requirements.

Section 27 Certificate of airworthiness ceasing to be in force

(1) Subject to paragraph (2), a certificate of airworthiness ceases to be in force—

(a) whilst the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is being or has been overhauled, repaired, replaced, modified or maintained;

(b) if maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft is required by a maintenance programme approved by the Governor for that aircraft under article 26(1)(a);

(c) if any part of the aircraft or of such equipment is modified, is removed or is replaced, otherwise than in a manner and with material of a type approved by the Governor for the purpose either generally or in relation to a class of aircraft or to the particular aircraft;

(d) until the satisfactory completion of any inspection for the purpose of ascertaining whether the aircraft remains airworthy which is or has been—

(i) made mandatory by the Governor;

(ii) required by a maintenance programme approved by the Governor for that aircraft;

(e) until the satisfactory completion of any modification of the aircraft or of any of its equipment that is made mandatory by the Governor for the purpose of ensuring that the aircraft remains airworthy.

(2) A certificate of airworthiness that has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order relating to the overhaul, repair, replacement, modification, maintenance or inspection.

Section 28 Issue, re-issue etc of permit to fly

(1) The Governor may issue for any aircraft a permit to fly upon being satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(2) The Governor must refuse to issue a permit to fly for an aircraft if it appears that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.

(3) Subject to paragraph (4) an aircraft flying in accordance with a permit to fly must not fly for the purpose of commercial air transport or aerial work.

(4) With the permission of the Governor, an aircraft flying in accordance with a permit to fly may fly for the purpose of aerial work which consists only of giving instruction in flying or the conduct of flying tests.

(5) A person who is not a member of the flight crew must not be carried during flights under a permit to fly unless the prior permission of the Governor has been obtained.

(6) A placard must be fixed to any aircraft, flying in accordance with a permit to fly, in full view of the occupants, which must be worded as follows—

“Occupant Warning – This aircraft has not been certificated to an International Requirement”.

(7) An aircraft flying in accordance with a permit to fly must only be flown in accordance with such conditions specified by the Governor as shall be appropriate having regard to all of the circumstances of the flight.

(8) Nothing in this Order obliges the Governor to accept an application for the issue, variation or renewal of a permit to fly unless the application is supported by such reports from such authorised or approved persons as the Governor may specify (either generally or in a particular case or class of cases).

Section 29 Permit to fly ceasing to be in force

A permit to fly issued for an aircraft ceases to be in force—

(a) if any conditions of the permit are not complied with;

(b) until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment, required for ascertaining whether the aircraft remains airworthy and—

(i) made mandatory by the Governor; or

(ii) required as a condition of the permit to fly;

(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair or modification has been approved by the Governor or by a person or organisation approved by the Governor for the purpose.

Section 30 Aircraft records

(1) The following aircraft records must be kept for an aircraft registered in the Territory—

(a) an aircraft logbook;

(b) a separate logbook for each engine fitted in the aircraft; and

(c) a separate logbook for each variable pitch propeller fitted to the aircraft.

(2) A technical log must be kept for every aircraft registered in the Territory for which a certificate of airworthiness is in force.

(3) A record in a form acceptable to the Governor may be kept instead of a technical log in the case of an aircraft of which the maximum certificated take-off mass is 2700 kg or less and which is not operated by the holder of an air operator’s certificate granted under article 94.

(4) Subject to paragraph (5) the technical log referred to in this article must be carried in the aircraft when article 167 so requires and copies of the entries referred to in this article must be kept on the ground.

(5) If it is not reasonably practicable for the copy of the technical log or approved record to be kept on the ground it may be carried in the aircraft in a container acceptable to the Governor for that purpose.

(6) The technical log and logbooks referred to in paragraphs (1) and (2) must be in a form acceptable to the Governor and must include the particulars and be kept in a manner specified by the Governor.

Section 31 Completion and retention of records

(1) At the end of every flight by an aircraft registered in the Territory to which the provisions of article 30 apply the pilot-in-command of the aircraft must enter in a technical log or approved record, as the case may be—

(a) the times when the aircraft took off and landed;

(b) particulars of any defect which is known to the pilot-in-command and which affects the airworthiness or safe operation of the aircraft; and

(c) such other particulars in respect of the airworthiness or operation of the aircraft as the Governor may require;

and must sign and date such entries.

(2) In the case of a number of consecutive flights each of which begins and ends—

(a) within a period of 24 hours;

(b) with the same person as pilot-in-command of the aircraft;

the pilot-in-command may, except where the pilot becomes aware of a defect during an earlier flight, make the entries specified in paragraph (1) at the end of the last of such consecutive flights.

(3) When any defect which has been or should have been entered in a technical log or approved record is rectified, the person issuing a certificate of release to service under this Order in respect of that defect must enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.

(4) Each entry in a logbook required under article 30(1) must be made—

(a) as soon as practicable after the occurrence to which it relates; and

(b) on each occasion that any overhaul, repair, replacement, modification, maintenance or inspection is undertaken on the engine or propeller.

(5) Any document or electronic record that has been incorporated by reference in a logbook is deemed, for the purposes of this Order, to be part of the logbook.

(6) It is the duty of the operator of every aircraft, for which technical logs and logbooks are required to be kept, to keep or preserve them or cause them to be kept or preserved in accordance with specified requirements.

Section 32 Requirement for a certificate of release to service

(1) This article applies to any aircraft registered in the Territory for which a certificate of airworthiness has been, or is to be, issued under article 25.

(2) If an aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been—

(a) overhauled, repaired, replaced, modified or maintained; or

(b) inspected as provided in article 27(1)(d);

that aircraft must not fly unless a certificate of release to service issued under this Order is in force for the aircraft.

(3) In the circumstances specified in paragraph (4), a certificate of release to service is not required to be in force for an aircraft for which a certificate of airworthiness is in force if—

(a) the maximum certificated take-off mass does not exceed 2700kg; and

(b) it is not operated for the purpose of commercial air transport or aerial work.

(4) The circumstances referred to in paragraph (3) are—

(a) the only repairs or replacements for which a certificate of release to service is not in force are of a description specified by the Governor;

(b) such repairs or replacements have been carried out personally by the holder of a pilot’s licence, granted or rendered valid under this Order, who is the owner or operator of the aircraft;

(c) the person carrying out the repairs or replacements enters in the aircraft log book, kept for the aircraft under article 30, a record which identifies the repairs or replacement and sign and date the entries; and

(d) any equipment or parts used in carrying out such repairs or replacements are of a type approved by the Governor either generally for a class of aircraft or for the particular aircraft.

(5) Neither—

(a) equipment provided in compliance with article 35; nor

(b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not the apparatus is provided in compliance with this Order,

must be installed or placed on board for use in an aircraft to which this article applies after being maintained, overhauled, repaired, modified or inspected, unless a certificate of release to service issued under this Order is in force for it at the time when it is installed or placed on board.

(6) A certificate of release to service issued under this Order must certify that the aircraft or any part of it or its equipment has been inspected, overhauled, repaired, replaced, modified or maintained, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to the particular aircraft or class of aircraft and include particulars of the work done.

(7) A certificate of release to service issued under this Order may be issued only by a person authorised by the Governor, either generally or in a particular case or class of cases, in accordance with the specified requirements.

Section 33 Licensing and authorisations of maintenance engineers

(1) The Governor must grant an aircraft maintenance engineer’s licence upon being satisfied that the applicant—

(a) is a fit person to hold the licence;

(b) is qualified by having the knowledge, experience, competence and skill in aeronautical engineering; and

(c) meets the specified requirements for holding such a licence.

(2) An aircraft maintenance engineer’s licence authorises the holder, subject to such conditions as may be specified in the licence, to issue certificates of release to service under this Order in respect of such repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified.

(3) For the purposes of paragraph (1) the applicant must supply such evidence and undergo such examinations and tests as the Governor may require.

(4) The Governor may validate, for the purposes of this Order, an aircraft maintenance engineer’s licence granted under the law of a country other than the Territory.

(5) A licence granted under this article is not valid unless it has been signed by the holder in ink.

(6) The Governor may, for the purposes of this article—

(a) approve any course of training or instruction;

(b) authorise a person to conduct specified examinations or tests; and

(c) approve a person to provide or conduct any course of training or instruction.

(7) The holder of an aircraft maintenance engineer’s licence must not exercise the privileges of such a licence if the holder knows or suspects that their physical or mental condition renders them unfit to exercise such privileges.

(8) When exercising the privileges of a licence, the holder of an aircraft maintenance engineer’s licence must not be under the influence of alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render the holder unable safely and properly to exercise such privileges or so as to create a risk to the licence holder or to any other person.

Section 34 Maintenance approval

(1) A person intending to engage in—

(a) any stage of the maintenance of aircraft, aircraft components or aircraft materials;

(b) the manufacture of parts for the purpose of maintenance; or

(c) associated training activities;

must not do so without first obtaining from the Governor a certificate of approval in respect of any of those activities.

(2) The Governor must issue an approval to an organisation that complies with the specified requirements.

(3) A certificate of approval must be in such form, be subject to such conditions and limitations and contain such particulars as may be determined by the Governor.

Section 35 Equipment of aircraft

(1) An aircraft must not fly unless it is equipped so as to—

(a) comply with the law of the country in which it is registered or of the State of the operator;

(b) enable lights and markings to be displayed; and

(c) enable signals to be made;

in accordance with this Order and any regulations made under it.

(2) In the case of any aircraft registered in the Territory the equipment to be provided (in addition to any other equipment required by or under this Order) must—

(a) comply with instructions given by the Governor under article 74(1)(d) or with the specified requirements as applicable to the purpose and the circumstances of the flight;

(b) be of a type approved by the Governor either generally or in relation to a class of aircraft or in relation to that aircraft; and

(c) be installed in a manner approved by the Governor.

(3) In any particular case or class of cases the Governor may give instructions that an aircraft registered in the Territory must carry such additional equipment or supplies (including radio equipment) as may be specified for the purpose of—

(a) facilitating the navigation of the aircraft;

(b) the carrying out of search and rescue operations; or

(c) securing the safety and the survival of the persons carried in the aircraft.

(4) The equipment carried or to be carried under this article must be installed or stowed, and kept stowed, and maintained and adjusted so as to be readily accessible and capable of being used by the person or persons for whose use it is intended.

(5) The position of equipment provided for emergency use must be indicated by clear markings in or on the aircraft.

(6) All equipment installed or carried in an aircraft, whether or not in compliance with this article, must be installed or stowed and maintained and adjusted so as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

Section 36 Radio equipment of aircraft

(1) An aircraft must not fly unless it is equipped with radio and radio navigation equipment so as to—

(a) comply with the law of the country in which the aircraft is registered or of the State of the operator; and

(b) enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made under it.

(2) Subject to paragraphs (3) and (4), for an aircraft registered in the Territory the radio equipment and radio navigation equipment that is required to be provided must comply—

(a) with instructions given by the Governor under article 74(1)(d); or

(b) with the Governor’s specified requirements applicable to the purpose and circumstances of the flight.

(3) The radio and radio navigation equipment provided in accordance with paragraph (2) must be—

(a) of a type approved by the Governor generally or in relation to a class of aircraft or in relation to that aircraft; and

(b) installed in a manner approved by the Governor.

(4) Subject article 37(2) and to such exceptions as may be specified by the Governor in instructions or requirements, the radio and radio navigation equipment provided in compliance with paragraph (2) must always be maintained in serviceable condition.

Section 37 Minimum equipment requirements

(1) The Governor may grant for any aircraft or class of aircraft registered in the Territory an approval permitting such aircraft to commence a flight in specified circumstances notwithstanding that any specified item of equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use.

(2) An aircraft registered in the Territory must not commence a flight if any of the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless—

(a) the aircraft does so under the terms of an approval granted under paragraph (1) to the operator and in accordance with a Minimum Equipment List approved by the Governor; and

(b) in the case of an aircraft to which articles 96 or 134 apply, the applicable operations manual contains the particulars of that approval.

Section 38 Aircraft weight schedule

(1) Every aircraft for which a certificate of airworthiness or permit to fly issued under this Order is in force must be weighed, and the position of its centre of gravity determined, at such times and in such a manner as the Governor may require or approve in the case of that aircraft.

(2) When the aircraft is weighed the operator of the aircraft must prepare a weight schedule showing—

(a) either the basic weight or such other weight as may be approved by the Governor for that aircraft; and

(b) either the position of the centre of gravity of the aircraft at its basic weight or such other position of the centre of gravity as may be approved by the Governor for that aircraft.

(3) Subject to article 171, the weight schedule must be preserved by the operator of the aircraft for at least six months after the next occasion on which the aircraft is weighed for the purposes of this article.

(4) In this article “basic weight” means the empty weight of the aircraft established in accordance with the type certification basis of the aircraft.

Section 39 Inspection for airworthiness purposes

The Governor may require such inspections, investigations, tests, experiments and flight trials to be made as the Governor deems necessary for the purposes of this Part of this Order.

Section 40 Composition of crew of aircraft

(1) An aircraft must not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

(2) An aircraft registered in the Territory must carry a flight crew adequate in number and description to ensure the safety of the aircraft.

(3) An aircraft registered in the Territory which has a flight manual, must carry a flight crew of at least the number and description specified in the flight manual.

(4) An aircraft registered in the Territory which does not have a flight manual must carry a flight crew of at least the number and description specified by the Governor in the certificate of airworthiness or permit to fly.

(5) An aircraft registered in the Territory, which is required by article 36 to be equipped with radio communication equipment, must carry a flight radiotelephony operator as a member of the flight crew.

Section 41 Pilots required on commercial air transport flights

(1) An aircraft registered in the Territory which is—

(a) an aeroplane powered by one or more turbine jets;

(b) an aeroplane powered by one or more turbine propeller engines and with a maximum approved passenger seating configuration of more than 9; or

(c) a helicopter with a maximum approved passenger seating configuration of more than 9; and

(d) flying for the purpose of commercial air transport,

must carry at least two pilots as members of the flight crew.

(2) An aircraft registered in the Territory flying for the purposes of commercial air transport, other than an aircraft described in paragraph (1)(a), (b) or (c) must carry at least two pilots as members of the flight crew if it is flying in circumstances where the pilot-in-command is required to comply with the instrument flight rules or is flying at night unless—

(a) use of a single pilot is approved by the Governor; or

(b) it is a helicopter flying by day and remaining clear of cloud and with the surface in sight.

Section 42 Required cabin crew of aircraft

(1) This article applies to each commercial air transport aircraft registered in the Territory which has a maximum approved passenger seating configuration of more than 19 and on which at least one passenger is carried.

(2) The crew of an aircraft on such a flight must include cabin crew carried for the purposes of performing, in the interests of the safety of passengers, duties to be assigned by the operator or the pilot-in-command of the aircraft but who must not act as members of the flight crew.

(3) On such a flight not less than one cabin crew member must be carried for every 50 or fraction of 50 passenger seats installed in the aircraft.

(4) The number of members of the cabin crew calculated in accordance with paragraph (3) need not be carried if—

(a) the Governor has granted written permission to the operator to carry a lesser number on that flight; and

(b) the operator carries the number specified in that permission and complies with any conditions subject to which the permission is granted.

Section 43 Power to direct additional crew to be carried

The Governor may, in the interests of safety, direct the operator of any aircraft registered in the Territory that all or any aircraft operated by it, when flying in circumstances specified in the direction, must carry, in addition to the crew required to be carried by this Part, such additional persons as members of the flight crew or cabin crew as may be specified in the direction.

Section 44 Members of flight crew - requirement for licence

(1) A person must not act as a member of the flight crew of an aircraft registered in the Territory without holding an appropriate licence granted or rendered valid under this Order.

(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

(3) The holder of a licence, endorsed to the effect that the holder does not satisfy in full the relevant international standard and which has been granted or rendered valid under this Order, must not act as a member of the flight crew of an aircraft registered in the Territory in or over the territory of a Contracting State other than the Territory except in accordance with permission granted by the competent authority of that State.

(4) The holder of a licence granted or rendered valid under the law of a Contracting State other than the Territory, being a licence endorsed as provided in paragraph (3), must not act as a member of the flight crew of any aircraft in or over the Territory except in accordance with permission granted by the Governor, whether or not the licence is rendered valid under this Order.

Section 45 Requirement for appropriate licence – non-Territory registered aircraft

A person must not act as a member of the flight crew required by this Order to be carried in an aircraft registered in a country other than the Territory unless—

(a) in the case of an aircraft flying for the purpose of commercial air transport or aerial work, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or the State of the operator; or

(b) in the case of an aircraft on a private flight, that person is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Governor does not in the particular case give a direction to the contrary.

Section 46 Flight crew licence requirements – exception to act as flight radiotelephony operator

A person may act as a flight radiotelephony operator within the Territory without being the holder of an appropriate licence granted or rendered valid under this Order if that person—

(a) is being trained in an aircraft registered in the Territory to perform duties as a member of the flight crew of an aircraft; and

(b) is authorised to operate the radiotelephony station by the holder of the licence granted for that station under any enactment.

Section 47 Flight crew licence requirements – exception for solo flying training

(1) A person may act as pilot-in-command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions referred to in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the person is at least 16 years of age;

(b) the person is the holder of a valid medical certificate issued by a person approved by the Governor to the effect that the person is fit to act as pilot in command;

(c) the person complies with any conditions subject to which that medical certificate was issued;

(d) no other person is carried in the aircraft;

(e) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of giving instruction in flying or conducting flying tests; and

(f) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor’s rating, entitling that other person to give instruction in flying the type of aircraft being flown.

Section 48 Flight crew licence requirements – exception for dual flying training

(1) A person may act as pilot of an aircraft of which the flight crew required to be carried by or under this Order is not more than one pilot for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence without being the holder of an appropriate licence granted or rendered valid under this Order if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are that—

(a) the aircraft is not flying for the purpose of commercial air transport or aerial work other than aerial work which consists of giving instruction in flying or conducting flying tests;

(b) the person acts in accordance with instructions given by another person holding a pilot’s licence granted under this Order, being a licence which includes a flying instructor rating entitling that other person to give instruction in flying the type of aircraft being flown; and

(i) the aircraft is fitted with dual controls and the person is accompanied in the aircraft by the instructor who is seated at the other set of controls; or

(ii) the aircraft is fitted with controls designed for and capable of use by two persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.

Section 49 Flight crew licence requirement – exception for flight engineers

A person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in the Territory without being the holder of an appropriate licence if—

(a) the flight is for the purpose of undergoing training or tests for the grant or renewal of a flight engineer’s licence or for the inclusion, renewal or extension of a rating in such a licence; and

(b) the person acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

Section 50 Flight crew licence – exception for members of HM Forces

A person may act as a member of the flight crew of an aircraft registered in the Territory without being the holder of an appropriate licence if, in so doing, the person is acting in the course of his or her duty as a member of any of Her Majesty’s naval, military or air forces.