The Air Navigation (Overseas Territories) Order 1989

• (d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in Schedule 11 to this Order as Documents D, E, F and H;

• (e) any records of flight times, duty periods and rest periods which he is required by Article 54(4) of this Order to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate;

• (f) any such operations manuals as are required to be made available under Article 2 5(2)(a)(i) of this Order;

• (g) the record made by any flight data recorder required to be carried by or under this Order;

• (h) the record made from any cosmic radiation detection equipment together with the record of the names of the members of the crew of the aircraft which are required to be kept under Article 58 of this Order.

• (3)

• (a) The holder of a licence granted or rendered valid under this Order shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation. The requirements of this paragraph shall be deemed to have been complied with, except in relation to licences required by Article 57 of this Order to be carried in the aircraft or kept at an aerodrome, if the licence requested is produced within five days after the request has been made at a police station in the Territory specified, at the time of the request, by the person to whom the request is made.

• (b) The foregoing provisions of this paragraph shall apply to a medical certificate issued pursuant to Article 19(1)(b)(ii) as they apply to a licence granted or rendered valid under this Order.

• (4) Every person required by Article 22 of this Order to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorised person after being requested to do so by him within two years after the date of the last entry therein.

Power to inspect and copy documents and records

60

An authorised person shall have the power to inspect and copy any certificate, licence, log book, document or record which he has the power pursuant to this Order and any regulations made thereunder to require to be produced to him.

Preservation of documents, etc.

61

A person required by this Order to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative:

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

62

• (1) Subject to paragraph (4) of this Article, the Governor may, if he thinks fit, 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. The Governor may, on sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document.

• (2) 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 shall surrender it to the Governor within a reasonable time after being required to do so by him.

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

• (4) The provisions of article 62A of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies”.

• (5) Notwithstanding paragraph (1) of this Article, 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.

Revocation, suspension or variation of permissions, etc granted under Article 83 or Article 84

62A

• (1) Subject to the provisions of this Article, the Secretary of State may revoke, suspend or vary any permit to which this Article applies.

• (2) Save as provided by paragraph (3) of this Article, the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his 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 for him to do so, he may provisionally suspend or vary a permit to which this Article applies without complying with the requirements of paragraph (2) of this Article; but he shall, in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either—

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

• (b) substitute therefor 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 in the same or different terms as the provisional variation (if any).

• (4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) of this Article may be exercised by him whenever, in his 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 on him 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. In particular, and without prejudice to the generality of the foregoing, the Secretary of State may exercise his said powers if—

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

• (b) it appears to him that 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 thereof;

• (c) it appears to him that the person to whom the permit was granted, or such other Government as aforesaid (that is to say, a Government which is a party to such an agreement as aforesaid with Her Majesty’s Government in the United Kingdom), or the aeronautical authorities of the country concerned, have 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 as aforesaid, or have 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[^f00010] as it applies in the United Kingdom or to the operator of an aircraft registered in and licenced to operate from any of the Territories by regulations made under section 13 of the Act in his operation of air services to or from points in the country concerned;

• (d) it appears to him that 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 as aforesaid, is no longer so designated or that that person has so conducted himself' or that such circumstances have arisen in relation to him, as to make it necessary or expedient to disregard or qualify the consequences of his being so designated.

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

• (6) The breach of any condition subject to which any permit to which this Article applies has been granted shall render the permit invalid during the continuance of the breach.

• (7) 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 83 or Article 84 of this Order 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 he has so granted.

• (8) 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 is deemed to have been granted.

• (9) 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.

• (10) The provisions of this Article shall have effect, as from the commencement of this Order, as well in relation to permits, being permits to which that Article applies, granted before the commencement of this Order as in relation to those granted thereafter.

Offences in relation to documents and records

63

• (1) A person shall not with intent to deceive—

• (a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under this Order which has been forged, altered, revoked or suspended, or to which he is not entitled; or

• (b) lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under this Order to, or allow it to be used by, any other person; or

• (c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission, exemption or other document,

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

• (2) A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under this Order to be preserved.

• (3) All entries made in writing in any log book or record referred to in paragraph (2) of this Article shall be made in ink or indelible pencil.

• (4) A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

• (5) A person shall not purport to issue any certificate for the purposes of this Order or the regulations made thereunder unless he is authorised to do so under this Order.

• (6) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

PART VIII — CONTROL OF AIR TRAFFIC

Rules of the air and air traffic control

64

• (1) Every person and every aircraft shall comply with such of the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order as may be applicable to that person or aircraft in the circumstances of the case.

• (2) Subject to the provisions of paragraph (3) of this Article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.

• (3) It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary—

• (a) for avoiding immediate danger; or

• (b) for complying with the law of any country other than the Territory within which the aircraft then is; or

• (c) for complying with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State in relation to an aircraft of which the commander is acting as such in the course of his duty as a member of Her Majesty’s naval, military or air forces.

• (4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within ten days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Governor.

• (5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

• (6) The Governor may make rules of the air and air traffic control supplementary to, but not inconsistent with, the Rules of the Air and Air Traffic Control contained in Schedule 13 to this Order.

Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers

65

• (1) The Governor may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Governor may require of him:

• Provided that the Governor shall not grant— a student air traffic controller’s licence or an aerodrome flight information service officer’s licence to a person under the age of 18 years; or an air traffic controller’s licence which includes an Aerodrome Control Rating, an Approach Control Rating or an Area Control Rating, to a person under the age of 20 years; or an air traffic controller’s licence which includes any other rating, to a person under the age of 21 years.

• (2) Every licence to act as an air traffic controller shall include (a) ratings of one or more of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide, (b) a list of the places at which, and (c) the type of radar equipment, if any, with the aid of which he may provide the service. If throughout any period of 90 days the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall, without prejudice to the Governor’s powers under Article 62 of this Order, cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Governor to that effect and shall forward the licence to the Governor to enable it to be endorsed accordingly.

• (3) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to provide air traffic control service under the supervision of another person who is present at the time and is the holder of a valid air traffic controller’s licence which includes a rating specifying the type of air traffic control service which is being provided by the student air traffic controller and valid at the place in question.

• (4) Every licence to act as an aerodrome flight information service officer shall be valid only for the purpose of authorising the holder to provide an aerodrome flight information service at an aerodrome specified in the licence. If, throughout any period of 180 days, the holder of the licence has not at any time provided such a service at a particular aerodrome, the licence shall cease to be valid for that aerodrome at the end of that period.

• (5) A licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

• (6) Subject to the provisions of Article 62 of this Order, a licence to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer shall remain in force for the period indicated in the licence and may be renewed by the Governor from time to time, upon his being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid, for the lifetime of the holder.

• (7) Every applicant for and holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Governor may require—

• (a) submit himself to medical examination by a person approved by the Governor either generally or in a particular case who shall make a report to the Governor in such form as the Governor may require; and

• (b) submit himself to such examinations and tests and furnish such evidence as to his knowledge experience, competence and skill, as the Governor may require, and such examinations and tests may be conducted by the Governor or by a person approved by the Governor.

• (8) Every applicant for and holder of an aerodrome flight information service officer’s licence shall, upon such occasions as the Governor may require, subject himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill as the Governor may require and such examinations and tests may be conducted by the Governor or by a person approved by the Governor.

• (9) On the basis of the medical examination referred to in paragraph (7) of this Article, the Governor or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 68 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.

• (10) The holder of an air traffic controller’s licence or student air traffic controller’s licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in Article 66(1) of this Order unless his licence includes a medical certificate issued and in force under paragraph (9) of this Article.

Prohibition of unlicensed air traffic controllers, student air traffic controllers and aerodrome flight information service officers

66

• (1) A person shall not provide at any place any type of air traffic control service or an aerodrome flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide any type of air traffic control service or an aerodrome flight information service unless:

• (a) in the case of an air traffic control service, he is the holder, and complies with the terms of:

• (i) a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with Article 65(3) of this Order; or

• (ii) a valid air traffic controller’s licence so granted authorising him to provide that type of service at that place; or

• (iii) a valid air traffic controller’s licence so granted which does not authorise him to provide that type of service at that place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence so granted which authorises him to provide at that place the type of air traffic control service which is being provided; or

• (b) in the case of an aerodrome flight information service, he is the holder and complies with the terms of an aerodrome flight information service officer’s licence granted under this Order authorising him to provide such a service at that place:

• Provided that a licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or a visiting force.

• (2) The holder of an air traffic controller’s licence shall not be entitled to perform any of the functions specified in Schedule 9 to this Order in respect of a rating at any place unless:

• (a) his licence includes that rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the aid of which, the functions are performed; or

• (b) he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence granted under this Order which authorises him to provide at that place the type of air traffic control service which is being provided.

• (3) A person shall not provide any type of air traffic control service or an aerodrome flight information service unless he identifies himself in such a manner as may be notified.

• (4) Nothing in a licence granted under Article 65 of this Order shall permit any person to operate manually any direction-finding equipment for the purpose of providing air traffic control service to an aircraft at a time when he is providing air traffic control service or making signals to that aircraft or to another aircraft.

• (5) Nothing in this Article shall prohibit the holder of a valid air traffic controller’s licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety.

Flight Information Service Manual

67

A person shall not provide an aerodrome flight information service at any aerodrome unless:—

• (a) the service is provided in accordance with the standards and procedures specified in an aerodrome information service manual in respect of that aerodrome;

• (b) the manual is produced to the Governor within a reasonable time after a request for its production is made by the Governor;

• (c) such amendments or additions as the Governor may from time to time require have been made to the manual.

Incapacity of air traffic controllers

68

• (1) Every holder of an air traffic controller’s licence granted under Article 65 of this Order who—

• (a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or

• (b) in the case of a woman, has reason to believe that she is pregnant,

shall inform the Governor in writing of such injury, illness or pregnancy as soon as possible.

• (2) An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph (1)(a) of this Article. The suspension of the licence shall cease:

• (a) upon the holder being medically examined under arrangements made by the Governor and pronounced fit to resume his functions under the licence; or

• (b) upon the Governor exempting the holder from the requirement of a medical examination subject to such conditions as the Governor may think fit.

• (3) Upon the pregnancy of the holder of an air traffic controller’s licence being confirmed, the licence shall be deemed to be suspended and such suspension may be lifted by the Governor subject to such conditions as he thinks fit, and shall cease upon the holder being medically examined under arrangements made by the Governor after the pregnancy has ended and pronounced fit to resume her functions under the licence.

Power to prohibit or restrict flying

69

• (1)

• (a) Where the Governor deems it necessary in the public interest to restrict or prohibit flying by reason of—

• (i) the intended gathering or movement of a large number of persons, or

• (ii) the intended holding of an aircraft race or contest or of an exhibition of flying, or

• (iii) national defence or any other reason affecting the public interest,

the Governor may make regulations prohibiting, restricting or imposing conditions on flight—

• (aa) by any aircraft, whether or not registered in the Territory, in any airspace over the Territory;

• (bb) by aircraft registered in the Territory, in any other airspace, being airspace in respect of which the Government of the Territory has in pursuance of international arrangements undertaken to provide navigation services for aircraft.

• (b) Regulations made under this Article may apply either generally or in relation to any class of aircraft.

• (2) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this Article he shall unless otherwise instructed pursuant to paragraph (3) of this Article cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area.

• (3) The commander of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this Article or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio or by one of the prescribed visual signals by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace.

Balloons, kites, airships, gliders and parascending parachutes

70

• (1) Within the Territory—

• (a) a captive balloon or kite shall not be flown at a height of more than 60 metres above the ground level or within 60 metres of any vessel, vehicle or structure;

• (b) a captive balloon shall not be flown within 5 kilometres of an aerodrome;

• (c) a balloon exceeding 2 metres in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall not be flown in controlled airspace;

• (d) a kite shall not be flown within 5 kilometres of an aerodrome;

• (e) an airship shall not be moored,

• (f) a glider or parascending parachute shall not be launched by winch and cable or by ground tow to a height of more than 60 metres above ground level,

without the permission in writing of the Governor and in accordance with any conditions subject to which that permission may be granted.

• (2) A captive balloon when in flight shall be securely moored, and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

PART IX — AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

Aerodromes: public transport of passengers and instruction in flying

71

• (1) An aircraft to which this paragraph applies shall not take-off or land at a place in the Territory other than—

• (a) an aerodrome licensed under this Order for the take-off and landing of such aircraft; or

• (b) a Government aerodrome notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take-off or land as the case may be,

and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given.

• (2) Paragraph (1) of this Article applies to—

• (a) aeroplanes of which the maximum total weight authorised exceeds 2,730 kg. and which are flying—

• (i) for the purpose of public transport of passengers; or

• (ii) for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (iii) for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;

• (b) aeroplanes of which the maximum total weight authorised does not exceed 2,730 kg. engaged on either—

• (i) scheduled journeys for the purpose of the public transport of passengers; or

• (ii) flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome; or

• (iii) flights for the purpose of—

• (aa) instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (bb) a flying test in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence; or

• (iv) flights for the purpose of the public transport of passengers at night;

• (c) helicopters and gyroplanes engaged on such flights as are specified in sub-paragraphs (b)(i) and (iii) above;

• (d) gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.

• (3)

• (a) The person in charge of any area in the Territory intended to be used for the taking-off or landing of helicopters at night other than such a place as is specified in paragraph (1) of this Article shall cause to be in operation, whenever a helicopter flying for the purpose of public transport of passengers is taking-off or landing at that area by night, such lighting as will enable the pilot of the helicopter—

• (i) in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing;

• (ii) in the case of taking-off, to make a safe take-off.

• (b) A helicopter flying for the purpose of the public transport of passengers at night shall not take-off or land at a place to which sub-paragraph (a) of this paragraph applies unless there is in operation such lighting.

Use of Government aerodromes

72

The Governor may cause to be notified subject to such conditions as he thinks fit any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

Licensing of aerodromes

73

• (1) The Governor may grant to any person applying therefor a licence in respect of any aerodrome in the Territory if he is satisfied that—

• (a) that person is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe for use by aircraft; and

• (b) the aerodrome is safe for use by aircraft, having regard in particular to the physical characteristics of the aerodrome and of its surroundings.

• (2) An aerodrome licence may be granted subject to such conditions as the Governor thinks fit and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the licence.

• (3) Without prejudice to the generality of paragraph (2) of this Article the Governor may grant a licence (in this Order referred to as “a licence for public use”) which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

• (4) The holder of an aerodrome licence granted under this Order shall—

• (a) furnish to any person on request information concerning the terms of the licence; and

• (b) in the case of a licence for public use, cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of public transport of passengers or instruction in flying.

• (5) The holder of an aerodrome licence granted under this Order shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to such aircraft engaged on such flights as are specified in Article 71(2) of this Order, but the licence shall not cease to be valid by reason only of such a contravention.

Radio equipment at aerodromes

74

• (1) A person shall not cause or permit any aeronautical radio station to be established or used unless its purpose has been approved by the Governor and the equipment thereof is of a type the specification of which is approved by the Governor in relation to the purpose for which it is to be used.

• (2) The person in charge of an aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall not cause or permit that aeronautical radio station to provide such navigational aid unless all aeronautical radio stations operated by that person at that aerodrome are:

• (a) installed, modified and maintained in a manner approved by the Governor; and

• (b) flight checked by the Governor or by a person approved by the Governor for that purpose on such occasions as the Governor may require:

• Provided that the provisions of this paragraph shall not apply to any aeronautical radio station which is used solely for the purpose of enabling communications to be made by or on behalf of the operator of an aircraft and the commander thereof.

• (3) The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and hours of operation of any service which is available for use by any aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the Governor may if he thinks fit require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified.

• (4) The provisions of this Article shall not apply in respect to any aeronautical radio station of which the person in charge is the Governor.

Records at aerodromes

75

• (1) The person in charge of any aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall in respect of all aeronautical radio stations operated by him at that aerodrome:

• (a) keep a written record of functional tests, flight checks and particulars of any overhaul, repair, replacement or modification thereof; and

• (b) preserve the written record for a period of one year or such longer period as the Governor may in a particular case direct and shall within a reasonable time after being requested to do so by an authorised person produce such record to that person.

• (2) The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control unit.

• (3) The apparatus provided in compliance with paragraph (2) of this Article shall be:

• (a) of a type the specification of which is approved by the Governor in relation to the particular aeronautical radio station; and

• (b) installed, modified and maintained in a manner approved by the Governor; and

• (c) in operation at all times when the aeronautical radio station is in operation for providing an air traffic control service.

• (4) The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this Article includes:

• (a) the identification of the aeronautical radio station; and

• (b) the date or dates on which the record was made; and

• (c) a means of determining the time at which each message or signal was transmitted; and

• (d) the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received; and

• (e) the time at which the record started and finished.

• (5) If at any time the apparatus provided in compliance with paragraph (2) of this Article ceases to be capable of recording the matters required by this Article to be included in the record the person in charge of the aeronautical station shall ensure that a written record is kept in which the particulars specified in paragraph (4) of this Article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

• (6) The person in charge of the aeronautical radio station shall preserve any record made in compliance with paragraphs (2) and (5) of this Article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Governor may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

• (7) A person required by this Article to preserve any record by reason of his being the person in charge of the aeronautical radio station shall, if he ceases to be such person, continue to preserve the record as if he had not ceased to be such person, and in the event of his death the duty to preserve the record shall fall upon his personal representative:

• Provided that if another person becomes the person in charge of the aeronautical radio station the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with the record delivered to him as if he were that previous person in charge.

• (8) The provisions of this Article shall not apply in respect of any aeronautical radio station of which the person in charge is the Governor.

Charges at aerodromes licensed for public use

76

• (1) The Governor may, in relation to any aerodrome in respect of which a licence for public use aas been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

• (2) The licensee of an aerodrome in relation to which the Governor has made any regulations under paragraph (1) of this Article shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.

• (3) The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Governor, furnish to the Governor such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Use of aerodromes by aircraft of Contracting States and of the Commonwealth

77

The person in charge of any aerodrome in the Territory which is open to public use by aircraft registered in the Territory (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in the Territory.

Noise and vibration caused by aircraft on aerodromes

78

The conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft shall be as specified in Regulation 12 in Schedule 14 to this Order and section 41(2) of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1968[^f00011] shall apply to any such aerodrome.

Aeronautical lights

79

• (1) Except with the permission of the Governor and in accordance with any conditions subject to which the permission may be granted, a person shall not establish, maintain or alter the character of:

• (a) an aeronautical beacon within the Territory:

• Provided that, in the case of an aeronautical beacon which is or may be visible from the waters within an area of a lighthouse authority, the Governor shall not give permission for the purpose of this Article except with the consent of that authority, or

• (b) any aeronautical ground light (other than an aeronautical beacon) at an aerodrome licensed under this Order, or which forms part of the lighting system for use by aircraft taking off from or landing at such an aerodrome.

• (2) A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the Governor.

Dangerous lights

80

• (1) A person shall not exhibit in the Territory any light which—

• (a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

• (b) by reason of its liability to be mistaken for an aeronautical ground light is liable to endanger aircraft.

• (2) If any light which appears to the Governor to be such a light as aforesaid is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft.

• (3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

• (4) In the case of a light which is or may be visible from any waters within the area of a lighthouse authority, the powers of the Governor under this Article shall not be exercised except with the consent of that authority.

Customs and Excise airports

81

• (1) The Governor may, subject to such conditions as he may think fit, by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

• (2) The Governor may by order revoke any designation so made.

Aviation Fuel at Aerodromes

82

• (1) A person who has the management of any aviation fuel installation on an aerodrome in the Territory shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless:—

• (a) when the aviation fuel is delivered into the installation he is satisfied that:

• (i) the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in aircraft; and

• (ii) the installation is marked in a manner appropriate to the grade of fuel stored or if different grades are stored in different parts each part is so marked; and

• (iii) in the case of delivery into the installation or part thereof from a vehicle or vessel, the fuel has been sampled and is of a grade appropriate to that installation or that part of the installation as the case may be and is fit for use in aircraft;

• (b) when any aviation fuel is dispensed from the installation he is satisfied as the result of sampling that the fuel is fit for use in aircraft:

• Provided that this paragraph shall not apply in respect of fuel which has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

• (2) A person to whom paragraph (1) of this Article applies shall keep a written record in respect of each installation of which he has the management, which record shall include—

• (a) particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

• (b) particulars of all samples taken of the aviation fuel and of the results of tests of those samples;

• (c) particulars of the maintenance and cleaning of the installation;

and he shall preserve the written record for a period of 12 months or such longer period as the Governor may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

• (3)

• (a) A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraft if he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

• (b) If it appears to the Governor or an authorised person that any aviation fuel is intended or likely to be delivered in contravention of any provision of this Article, the Governor or that authorised person may direct the person having the management of the installation not to permit aviation fuel to be dispensed from that installation until the direction has been revoked by the Governor or by an authorised person.

• (4) For the purpose of this Article:—

• “aviation fuel” means fuel intended for use in aircraft;

• “aviation fuel installation” means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or for the delivery of such fuel to an aircraft.

PART X — GENERAL

Restriction with respect to carriage for hire or reward in aircraft registered outside the Territory

83

• (1) Notwithstanding anything in any regulations made under Section 13 of the Act[^f00012], an aircraft registered in a Contracting State, other than the United Kingdom or any of the Territories, or in a foreign country, shall not take on board or discharge any passengers or cargo in the Territory, being passengers or cargo carried or to be carried for hire or reward, except with the permission of the Secretary of State granted under this Article to the operator or charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.

• (2) Without prejudice to the provisions of Article 62A of this Order or of paragraph (1) of this Article, any breach by a person to whom a permission has been granted under this Article of any condition to which that permission was subject shall constitute a contravention of this Article.

• (3) 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 paragraph (1) above; and where the exercise of the powers conferred under paragraph (1) is so delegated, the Governor shall, in exercising those powers, comply with any general guidelines or specific directions which may from time to time be conveyed to him by the Secretary of State.

Restriction with respect to aerial photography and survey from aircraft registered outside the Territory

84

• (1) An aircraft registered in a Contracting State other than the United Kingdom or any of the Territories, or in a foreign country, shall not fly over the Territory for the purpose of aerial photography or aerial survey (whether or not hire or reward is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Governor granted under this Article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject.

• (2) Without prejudice to the provisions of Article 62A of this Order or of paragraph (1) of this Article, any breach by a person to whom a permission has been granted under this Article of any condition to which that permission was subject shall constitute a contravention of this Article.

Flights over any foreign country

85

• (1) The operator or commander of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

• (2) A person does not contravene paragraph (1) of this article if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

• (3) The operator or commander of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any foreign country shall comply with any directions given by the appropriate aeronautical authorities of that country whenever—

• (a) the flight has not been duly authorised; or

• (b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;

unless the lives of person on board or the safety of the aircraft would thereby be endangered.

• (4) A person does not contravene paragraph (3) of this article if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

• (5) The requirement in paragraph (3) of this article is without prejudice to any other requirement to comply with directions of an aeronautical authority.

• (6) In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Mandatory reporting

86

• (1) Subject to the provisions of this Article, every person who—

• (a) is the operator or the commander of a public transport aircraft which is registered in the Territory and has a maximum total weight authorised of more than 2,300 kg; or

• (b) carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof; or

• (c) signs a certificate of maintenance review or release to service in respect of such an aircraft, part or equipment; or

• (d) performs a function for which he requires an air traffic controller’s licence; or

• (e) is the licensee or manager of a licensed aerodrome,

shall—

• (i) make a report to the Governor of any reportable occurrence of which he knows and which is of such a description as is specified in Regulation 16 in Schedule 14 to this Order; the report shall be made within such time, by such means, and shall contain such information as is so specified and it shall be presented in such form as the Governor may in any particular case approve, and

• (ii) make a report to the Governor, within such time, by such means, and containing such information as the Governor may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the Governor in accordance with this Article.

• (2) In this Article “reportable occurrence” means—

• (a) any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants, or any other person;

• (b) any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants:

• Provided that any accident notified to the Governor in pursuance of regulations made under section 10 of the Act as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas Territories) Order 1969[^f00013] shall not constitute a reportable occurrence for purposes of this Article.

• (3) Subject to paragraph (1)(ii) of this Article, nothing in this Article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Governor in accordance with this Article.

• (4) A person shall not make any report under this Article if he knows or has reason to believe that the report is false in any particular.

• (5) Without prejudice to Article 37(2) and subject to the provisions of Article 59 of this Order, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this Article, preserve any data from a flight data recorder relevant to the reportable occurrence for fourteen days from the date on which a report of that occurrence is made to the Governor or for such longer period as the Governor may in a particular case direct:

• Provided that the record may be erased if the aircraft is outside the Territory and it is not reasonably practicable to preserve the record until the aircraft reaches the Territory.

Power to prevent aircraft flying

87

• (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 3, 5, 6, 7, 18, 19, 28, 37, 43 or 44 of this order would be contravened in relation to the flight; or

• (b) in such circumstances that the flight would be in contravention of any other provision of this Order or any regulations made thereunder 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 regulation made thereunder,

the Governor or that authorised person may direct the operator or the commander of the aircraft that he is 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, and the Governor or that authorised person may take such steps as are necessary to detain the aircraft.

• (2) For the purposes of paragraph (1) of this Article the Governor or any authorised person may enter upon and inspect any aircraft.

• (3) If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of Article 83 or 84 of this Order or any provision relating to the licensing of air transport in the Territory would be contravened in relation to the flight, the Governor or that authorised person may direct the operator or the commander of the aircraft that he is 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, and the Governor or any authorised person may take such steps as are necessary to detain the aircraft.

• (4) For the purposes of paragraph (3) of this Article the Governor or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.

Right of access to aerodromes and other places

88

The Governor and any authorised person shall have the right of access at all reasonable times—

• (a) to any aerodrome, for the purpose of inspecting the aerodrome, or

• (b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order; and

• (c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order:

• Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.

Obstruction of persons

89

A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Enforcement of directions

90

Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Order or any regulations made thereunder shall be deemed for the purposes of this Order to have contravened that provision.

Penalties

91

• (1) If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this Article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

• (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

• (3) Where a person is charged with contravening a provision of this Order or of any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.

• (4) If any person contravenes any provision of this Order, or of any regulations made thereunder, not being a provision referred to in paragraphs (5) or (6) of this Article, he shall be liable on summary conviction to a fine not exceeding £200.

• (5) If any person contravenes any provision specified in Part A of Schedule 12 to this Order he shall be liable on summary conviction to a fine not exceeding £400.

• (6) If any person contravenes any provision specified in Part B of the said Schedule he shall be liable on summary conviction to a fine not exceeding £400 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

Extra-territorial effect of the Order

92

• (1) Except where the context otherwise requires, the provisions of this Order,

• (a) in so far as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, shall apply to such aircraft wherever they may be;

• (b) in so far as they apply as aforesaid to other aircraft shall apply to such other aircraft when they are within the Territory;

• (c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the Territory, shall apply to such persons and crew, wherever they may be; and

• (d) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the Territory by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.

• (2) Nothing in this Article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948[^f00014] (which limits the criminal liability of certain persons) that that person shall not be guilty of an offence.

Application of Order to British-controlled aircraft not registered in the Territory

93

The Governor may direct that such of the provisions of this Order and of any regulations made or having effect thereunder as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Territory included references to the aircraft specified in the direction, being an aircraft not so registered but for the time being under the management of a person who, or of persons each of whom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory.

Application of Order to the Crown and visiting forces etc.

94

• (1) Subject to the following provisions of this Article, the provision of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft:

• Provided that nothing in this Article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

• (2) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order and of any regulations made thereunder to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory.

• (3) Save as otherwise provided by paragraph (4) of this Article, Article 78 of this Order and the Rules of the Air and Air Traffic Control, nothing in this Order shall apply to or in relation to any military aircraft.

• (4) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the the course of his duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, the following provisions of this Order shall apply on the occasion of that flight, that is to say, Articles 47,48,49 and 69 and in addition Article 64 (so far as applicable) shall apply unless the aircraft is flown in compliance with Military Flying Regulations (Joint Service Publication 318) or Flying Orders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order

95

The Governor may exempt from any of the provisions of this Order (other than Articles 83,84 and 96 thereof) or any regulations made thereunder, any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.

Appeal to Supreme Court

96

• (1) An appeal shall lie to the Supreme Court or to such other court as may be prescribed from any decision of the Governor that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted to the Governor he was wrong in so deciding, the court may reverse the Governor’s decision and the Governor shall give effect to the court’s determination:

• Provided that an appeal shall not lie from a decision of the Governor that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, physical or mental fitness.

• (2) The respondent to any appeal under this Article shall be the Attorney General or other principal legal officer of the Government of the Territory.

• (3) For the purposes of any provision relating to the time within which an appeal may be brought, the Governor’s decision shall be deemed to have been taken on the date on which the Governor furnished a statement of his reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

Application of Order

97

The provisions of this Order apply to the territories mentioned in Schedule 16 to this Order, any one of which is in this Order referred to in the expression “the Territory”.

Regulations by the Governor: Fees

98

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

• (2) The Governor, with the approval of a Secretary of State, may make regulations amending the Air Navigation (General) Regulations contained in Schedule 14 to this Order.

• (3) Without prejudice to the generality of paragraph (1) of this Article, 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 thereof), 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 thereunder.

• (4) Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable. If, after such payment or deposit has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may, subject as hereinafter provided, refund the amount of such payment or deposit. Where the amount paid or deposited 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, cesser or refusal, the Governor may refund the amount so attributable or, 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, cesser or refusal:

• Provided that, if in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out at the time when the application is withdrawn by him 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.

• In this paragraph the expression “investigation” includes an inspection, examination, calculation or test.

Interpretation

99

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

• “The Act” means the Civil Aviation Act 1949[^f00015];

• “Aerial work” means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

• “Aerial work aircraft” means an aircraft (other than a public 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;