Explanatory note
(This note is not part of the Order)
This Order further amends the Air Navigation (Overseas Territories) Order 1989 as amended by the Air Navigation (Overseas Territories) (Amendment) Order 1991 and the Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 1991. In addition to minor and drafting amendments the following changes are made—
Revised requirements are introduced for the marking of nationality and registration marks for aircraft registered in the United Kingdom. (Article 2(1), Article 2(19)).
A number of amendments have been made in order to reflect new airspace classifications introduced by the International Civil Aviation Organisation to replace all existing classifications. (Article 2(3), Article 2(12), Article 2(17), Article 2(20), Article 2(21), Article 2(22), Article 2(23), Article 2(24), and Article 2(25)).
Regulations made by the Governor or the Secretary of State in connection with the carriage of dangerous goods may confer powers on authorised persons relating to the enforcement of those regulations. (Article 2(9)).
To comply with the United Kingdom’s European Community obligations with respect to Gibralter, the Secretary of State will grant permission pursuant to Article 83, to the operator of a foreign registered aircraft to take on board or discharge passengers or cargo in Gibralter, where valuable consideration is given or promised, in order to operate an inter-regional air service within the meaning of Council Directive 83/416/EEC concerning the authorisation of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, as amended by Council Directive 86/216/EEC (Article 2(14) and Article 2(16)).
In order to reflect changes made to the law applicable to metropolitan United Kingdom the term “hire or reward” is replaced by the term “valuable consideration”. (Article 2(13), Article 2(15) and Article 2(18)).
In order to bring the law applicable to Overseas Territories into line with that applicable to metropolitan United Kingdom a new Schedule 4 with respect to Aircraft Equipment is introduced. (Article 2(20)).