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Article 59 Carriage of weapons and of munitions of war

Original text. Later amendments are not shown.

(1)

Subject to paragraph (4) an aircraft shall not carry any munition of war unless:

(a)

such munition of war is carried with the written permission of the CAA and in accordance with any conditions relating thereto;

(b)

subject to sub-paragraph (c), the commander of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the CAA; and

(c)

in the case of an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate the commander of the aircraft is informed of the matters referred to in sub-paragraph (b) but he need not be so informed in writing.

(2)
(a)

Notwithstanding paragraph (1) it shall, subject to sub-paragraph (b), be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access;

(b)

Sub-paragraph (a) shall not apply to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(3)
(a)

Subject to sub-paragraph (b), it shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless:

(i)

the sporting weapon or munition of war:

(aa)

is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby;

(bb)

is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and

(cc)

in the case of a firearm, is unloaded;

(ii)

particulars of the sporting weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and

(iii)

without prejudice to paragraph (1) the operator consents to the carriage of such sporting weapon or munition of war by the aircraft.

(b)

Sub-paragraph (a) shall not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.

(4)

Nothing in this article shall apply to any sporting weapon or munition of war taken or carried on board an aircraft registered in a country other than the United Kingdom if the sporting weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

(5)

For the purposes of this article:

(a)

‘munition of war’ means

(i)

any weapon or ammunition;

(ii)

any article containing an explosive, noxious liquid or gas; or

(iii)

any other thing

which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article.

(b)

‘sporting weapon’ means

(i)

any weapon or ammunition;

(ii)

any article containing an explosive, noxious liquid or gas; or

(iii)

any other thing, including parts, whether components or accessories, for such weapon, ammunition or article;

which is not a munition of war.