{
  "url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2001/schedule-3/paragraph-A",
  "json_url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2001/schedule-3/paragraph-A.json",
  "legislation": "uksi/2001/2128",
  "legislation_title": "The Air Navigation (Overseas Territories) Order 2001",
  "legislation_url": "https://openlegislation.uk/air-navigation-overseas-territories-order-2001",
  "path": "schedule/3/paragraph/A",
  "kind": "paragraph",
  "number": "A",
  "heading": "Conditions",
  "text": "(1) An aircraft registered in the Territory may fly for a purpose set out in paragraph (2) subject to the conditions contained in paragraphs (3) to (8) when either:\n(a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of the Territory; or\n(b) the certificate of airworthiness or certificate of validation issued in respect of the aircraft has ceased to be in force by virtue of any of the matters specified in Article 9(7) of this Order.\n(2) (a) In the case of an aircraft falling within paragraph (1)(a) the aircraft shall fly only for the purpose of enabling it to:\n(i) qualify for the issue or renewal of a certificate of airworthiness or the validation thereof after an application has been made for such issue, renewal or validation as the case may be, or carry out a functional check of a previously approved modification of the aircraft (and for the purpose of this Schedule “a previously approved modification” shall mean a modification which has previously been approved by the Governor in respect of that aircraft or another aircraft of the same type);\n(ii) proceed to or from a place at which any inspection, repair, modification, maintenance, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place or has taken place for a purpose referred to in sub-paragraph (a), after any relevant application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or\n(iii) proceed to or from a place at which the aircraft is to be or has been stored.\n(b) In the case of an aircraft falling within paragraph (1)(b), it shall fly only for the purpose of enabling it to:\n(i) proceed to a place at which any inspection or maintenance required by virtue of Article 9(7)(b)(ii) of this Order is to take place; or\n(ii) proceed to a place at which any inspection, maintenance or modification required by virtue of Article 9(7)(b)(i) or (c) of this Order is to take place and in respect of which flight the Governor has given permission in writing; or\n(iii) carry out a functional check, test or in-flight adjustment in connection with the carrying out in a manner approved by the Governor of any overhaul, repair, previously approved modification, inspection or maintenance required by virtue of Article 9(7) of this Order.\n(3) The aircraft shall be:\n(a) an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under this Order and has not subsequently had any modification which requires approval unless that modification is a previously approved modification which has been granted such an approval under the law of the country in which the aircraft was registered at that time; or\n(b) an aircraft identical in design (including any modifications) with an aircraft in respect of which such a certificate is or has been in force.\n(4) The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles him to issue that certificate or by a person approved by the Governor for the purpose of issuing certificates under this condition, and in accordance with that approval.\n(5) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation which has previously been in force under the Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.\n(6) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2).\n(7) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off or land.\n(8) Without prejudice to article 20(2) of this Order, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/2004/2038",
      "affecting_title": "The Air Navigation (Overseas Territories) (Amendment) Order 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/2128/schedule/3/paragraph/A",
    "retrieved_at": "2026-10-29T07:46:58.719336+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}