The Aviation Safety (Amendment) (No. 2) Regulations 2021

• Citation: S.I. 2021/614
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Aviation Safety (Amendment) (No. 2) Regulations 2021 and they come into force on the 22nd day after the day on which they are laid.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of Commission Regulation (EU) No 965/2012 (Air operations)

(1) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council is amended as follows.

(2) In Annex 2, Subpart OPS (Air operations), point ARO.OPS.226–

(a) in point (a), for “a competent authority” substitute “the CAA”;

(b) in points (b), (c) and (d), for “competent authority” substitute “CAA”;

(c) omit point (e).

(3) In Annex 3, point ORO.FC.231, point (e)(2)(iii) omit “, the Agency,”.

Section 3 Amendment of Commission Delegated Regulation (EU) 2020/723 (Acceptance of third-country certification of pilots)

(1) Commission Delegated Regulation (EU) 2020/723 of 4 March 2020 laying down detailed rules with regard to the acceptance of third-country certification of pilots is amended as follows.

(2) In Article 3—

(a) in the first paragraph—

(i) for “Union” substitute “United Kingdom”;

(ii) for “Member States” substitute “the Civil Aviation Authority (“the CAA”)”;

(b) in point (d), after “third country”, in the second place it occurs, insert “and used by an operator established or resident in that country”.

(3) In Article 4—

(a) in paragraph 1, for “A competent authority of a Member State” substitute “The CAA”;

(b) omit paragraph 2;

(c) in paragraph 3, in the unnumbered subparagraph, for “competent authority that validated the licence” substitute “CAA”;

(d) in paragraph 4, for “a Member State” substitute “the CAA”.

(4) In Article 8—

(a) in paragraph 1—

(i) for “a competent authority of a Member State” substitute “the CAA”;

(ii) in the unnumbered subparagraph, for “the competent authority” substitute “the CAA”;

(b) in paragraph 2—

(i) for “a competent authority of a Member States” substitute “the CAA”;

(ii) in point (a), for “the competent authority” substitute “the CAA”;

(c) in paragraph 3, for “a competent authority of a Member State” substitute “the CAA”.

(5) In Article 9, in paragraph 1, for “competent authority of a Member State” substitute “CAA”.

(6) After Article 12, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Section 4 Amendment of Commission Regulation (EU) No 1178/2011 (Aircrew)

(1) Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council is amended as follows.

(2) In Article 3, in paragraph 2, after the words “in accordance with Subpart B or C of Annex 1 to this Regulation” insert “or of pilot licences issued in accordance with article 152 of the Air Navigation Order 2016 and which are deemed to comply with this Regulation in accordance with Article 3(3) of this Regulation”.

(3) In Article 3, after paragraph 2, insert–

(3) A pilot licence issued in accordance with article 152 of the Air Navigation Order 2016 is deemed to comply with this Regulation where—

(a) it remains valid in accordance with that Order;

(b) it includes one of the following ratings: SSEA, SLMG, TMG, or SEP; and

(c) it is used within the privileges of those ratings on a flight conducted in accordance with Annex VII of Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

(4) The ratings SSEA, SLMG and TMG have the meanings given in Schedule 1 to the Air Navigation Order 2016, and the rating SEP refers to a single-engine piston aeroplane of the kind described in Annex 1, Subpart B, point FCL.105.A(a) to this Regulation.

(4) In Article 4, in paragraph 8, for “Until 8 September 2021, the” substitute “The”.