Explanatory note

This Order revokes and replaces the Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 (S.I. 2014/2926) as amended by the Air Navigation (Overseas Territories) (Environmental Standards) (Amendment) Order 2015 (S.I. 2015/236).

The Order implements requirements in Annex 16, Volumes 1 (eighth edition), 2 (fifth edition) and 3 (first edition) to the Convention on International Civil Aviation 1944 (the “Chicago Convention”).

Part 2 makes provision in respect of noise certification. Articles 4 and 5 provide that an aircraft may only fly with a valid noise certificate confirming that the aircraft meets the applicable noise standards specified in Volume 1 of Annex 16 to the Chicago Convention.

Articles 6 and 7 prescribe the circumstances under which a noise certificate must be issued by the Governor and the validity of a noise certificate.

Article 8 requires an aircraft to carry its noise certificate when flown anywhere within the Territory, whether that aircraft is registered in the Territory or is registered elsewhere. An aircraft registered elsewhere than in the Territory is also required to carry its noise certificate when landing or taking off in the Territory. Article 8(2) permits aircraft registered within the Territory to fly without a noise certificate for flights conducted within the Territory if that flight starts and ends at the same aerodrome. In such situations, the noise certificate may be kept at the aerodrome from which the flight starts and ends.

Article 9 requires a noise certificate to be produced when required.

Article 10 requires certain information, relating to noise certification, to be included in the flight manual of an aircraft registered in the Territory.

Article 11 permits the Governor to issue exemptions from noise certification requirements.

Article 12 enables the Governor to revoke, suspend or vary a noise certificate or exemption issued under this Order.

Part 3 makes provision in respect of emissions certification. Articles 13 and 14 provide that an aircraft may only fly if it has been certified as complying with the applicable emissions standards in Volume 2 of Annex 16 to the Chicago Convention.

Article 15 provides for the Governor to recognise the validity of emissions certification issued by the competent authority of another Contracting State or territory to which this order applies.

Article 16 provides for the circumstances in which the Governor must endorse a Type Acceptance Certificate to the effect that an aircraft complies with the applicable emissions standards.

Article 17 permits the Governor to issue exemptions from emissions certification requirements.

Part 4 makes provision in respect of offences, penalties and powers. Article 18 allows the Governor to designate a person to carry out certain of the Governor’s functions under the Order.

Articles 19 and 20 provide for powers for the Governor and authorised persons to prevent an aircraft from flying in contravention of the Order, to enter, inspect and to detain an aircraft, to have access to aerodromes for the purpose of determining whether or not a contravention has occurred or is likely to occur and to request the production of a noise certificate.

Articles 21 to 23 set out various offences, including those in relation to noise certificates, emissions certification and exemptions and obstructing or contravening provisions of the Order and article 24 deals with the liability of certain offenders including bodies corporate.

Article 25 sets out the penalties for offences under the Order.

Articles 26 and 27 set out the applicability of the Order to the Crown and visiting forces and provide for the Order to have extra-territorial effect in certain circumstances.

Article 28 provides a power for the Governor to make regulations prescribing fees payable for the purposes of issuing a noise certificate, a noise exemption or an emissions exemption.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside this instrument on www.legislation.gov.uk.