OpenLegislation

Article 155 Certification of aerodromesI1

United Kingdom

(1)

A person in charge of the operation of an aerodrome in the Territory, other than a military aerodrome, is required to hold in respect of such aerodrome a certificate issued by the Governor in accordance with this article if—

(a)

the aerodrome is made available for any of the categories of operations referred to in article 156(3) of this Order; or

(b)

the Governor considers that it is in the public interest to require an aerodrome to be so certificated, taking into account only the matters referred to in paragraph (2).

(2)

The Governor must grant a certificate in respect of any aerodrome in the Territory (an “aerodrome certificate”) upon being satisfied that—

(a)

the applicant meets the specified requirements and is competent to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are suitable for use by aircraft;

(b)

the aerodrome is safe for use by aircraft having regard in particular to the physical characteristics of the aerodrome and of its surroundings;

(c)

the applicant has established an effective safety management system appropriate to the size and complexity of the operation; F1...

(d)

the applicant has established an aerodrome manual that is adequate and appropriate F2; and

F3(e)

the applicant has established a security programme that meets the specified requirements for security for aerodromes

(3)

The Governor may grant an aerodrome certificate which, in addition to any other conditions that may be imposed, may include a condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

(4)

The holder of an aerodrome certificate granted under paragraph (2) or paragraph (3) (in this article called “an aerodrome certificate holder”) must—

(a)

provide to any person on request information concerning the terms of the certificate; and

(b)

cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft.

(5)

An aerodrome certificate holder must not contravene or cause or permit to be contravened any condition of the aerodrome certificate at any time in relation to such aircraft engaged on such flights as are referred to in article 156(3), but the certificate does not cease to be valid by reason only of such a contravention.

(6)

An aerodrome certificate holder must take all reasonable steps to ensure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

F4(6A)

The aerodrome certificate holder must implement and maintain the security programme established to meet the specified requirements for security at aerodromes.

(7)

For the purposes of this article “visual traffic pattern” means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 45 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.

F5(8)

For the purpose of paragraphs (2)(e) and (6A) an “aerodrome” includes:

(a)

any land, building or works within the boundaries of an area designated by the Governor as forming part of an aerodrome for the purposes of those paragraphs in relation to security, following such consultation with the aerodrome certificate holder as the Governor considers appropriate; and

(b)

any area forming part of a restricted zone designated by the Governor under paragraph 11A of Schedule 2 to the Aviation Security and Piracy (Overseas Territories) Order 2000.

(9)

In making a designation referred to in paragraph (8), where appropriate, the Governor shall consult with the aerodrome manager or the aerodrome certificate holder, as the case may be.

Annotations

Textual amendments

F1

Word in art. 155(2)(c) omitted (1.4.2015) by virtue of The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 10(1)(a)

F2

Word in art. 155(2)(d) and semi colon substituted for full stop (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 10(1)(b)

F3

Art. 155(2)(e) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 10(1)(c)

F4

Art. 155(6A) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 10(2)

F5

Art. 155(8)(9) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 10(3)

Commencement

I1

Art. 155 in force at 1.1.2014, see art. 1