# The Air Navigation (Overseas Territories) Order 2013, Article 135: Restriction with respect to carriage for valuable consideration in aircraft registered outside the Territory

Extent: E+W+S+N.I.

(1) An aircraft registered in a Contracting State, other than the United Kingdom or any of the Territories, or in any country other than the United Kingdom, must not take on board or discharge any passengers or cargo in the Territory, if valuable consideration is given or promised in respect of the carriage of such persons or cargo unless it does so with the permission of the Secretary of State granted under this article to the operator or charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject.
(2) Any breach, by a person to whom permission has been granted under this article, of any condition to which that permission was subject constitutes a contravention of this article.
(3) The Secretary of State may, in any particular case, or class of cases, delegate to the Governor the exercise of the powers conferred on the Secretary of State under paragraph (1); and where the exercise of the powers conferred under paragraph (1) is so delegated, the Governor must, in exercising those powers, comply with any general guidelines or specific directions which may from time to time be given by the Secretary of State.
(4) An operator or charterer of an aircraft to which this article applies must not hold itself out as a person who may offer to take on board or discharge any passenger or cargo in the Territory for valuable consideration unless—
(a) it does so in accordance with a permission granted under this article; and
(b) it does so in accordance with any conditions to which such permission may be subject.
(5) The Secretary of State or the Governor may authorise a person (whether by name, class or description) either generally or in relation to a particular case or class of cases, to perform a ramp inspection or to carry out other surveillance measures in relation to any aircraft referred to in paragraph (1).
(6) If a ramp inspection or other surveillance measure identifies a case of non-compliance or suspected non-compliance of an aircraft referred to in paragraph (1) or by the operator of such an aircraft with the laws, regulations and procedures applicable within the Territory or a serious safety issue with the operator of such an aircraft, the person authorised under paragraph (5) must immediately notify the operator and, if the issue warrants it, the State of the operator and, where the State of registry and the State of the operator are different, such notification must also be made to the State of registry.
(7) In the case of notification to States in accordance with paragraph (6), if the issue and its resolution so warrant, the Secretary of State or the Governor, as the case may be, must engage in consultations with the State of the operator and the State of registry, as applicable, concerning the safety standards maintained by the operator.

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Source: https://www.legislation.gov.uk/uksi/2013/2870/article/135 (the official version)
Page: https://openlegislation.uk/air-navigation-overseas-territories-order-2013/article-135
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.