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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order in Council)

This Order amends the Air Navigation Order 2016 (S.I. 2016/765) (“ANO 2016”) and Schedule 9 to the Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12).

Article 265E of the ANO 2016 applies certain provisions of Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft (EUR 2019/947) (“the Unmanned Aircraft Implementing Regulation”) to tethered small unmanned aircraft (“TSUA”). TSUA would otherwise not be subject to any regulation because they are excluded from the application of Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Safety Agency (EUR 2018/1139), and therefore from the Unmanned Aircraft Implementing Regulation.

Article 2(2)(a) of this Order inserts new paragraphs in article 265E(2)(b) with the effect that points UAS.OPEN.040(4)(A1) and (2A) of the Annex to the Unmanned Aircraft Implementing Regulation apply to TSUA with a maximum take-off mass of 250g or more. Article 2(2)(b) inserts references to the new paragraphs in article 265E(3) so that the Civil Aviation Authority may issue a permission to a UAS operator to allow a remote pilot to fly a TSUA in a manner not in compliance with those requirements.

Article 2(3) amends two definitions in Schedule 1 to the ANO 2016. Sub-paragraph (a) amends the definition of “Sailplane Regulation”. Sub-paragraph (b) amends the definition of “Unmanned Aircraft Implementing Regulation”, so that the reference is to that Regulation as last amended by the Unmanned Aircraft (Amendment) Regulations 2025 (S.I. 2025/1106).

Schedule 9 to the Air Traffic Management and Unmanned Aircraft Act 2021 provides for police powers in relation to the ANO 2016 and the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284). A condition on the exercise of the powers in paragraphs 2 and 3 is that the constable has reasonable grounds for suspecting that a “relevant registration requirement” applied to a person or flight. “Relevant registration requirement” is defined in paragraph 2(3) and includes the requirements in article 265E(1)(a) and (b). Article 265E(1)(a) and (b) refer to Article 14 of the Unmanned Aircraft Implementing Regulation, which has been amended by the Unmanned Aircraft (Amendment) Regulations 2025. Article 3 of this Order amends the parenthetical descriptions in paragraph 2(3) accordingly.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.