Article 8 Power to prevent aircraft flyingI1
United Kingdom
If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown—
in such circumstances that any provision of article 14, 22, 24, 40, 44, 84, 94, 100, 107, 111 F1, 167 or 178(2) would be contravened in relation to the flight;
in such circumstances that the flight would be in contravention of any other provision of this Order or of any regulations made under it, and be a cause of danger to any person or property whether or not in the aircraft; F2...
while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, or of any regulations made under it; F3or
in such circumstances that the operator of the aircraft has failed to comply with any of the specified requirements for the security of aircraft or any instruction for the security of aircraft given or published by the Governor under article 74(1)(c)
the Governor or that authorised person may direct the operator or the pilot-in-command of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Governor or by an authorised person.
For the purposes of paragraph (1) the Governor or any authorised person may enter upon and inspect any aircraft, and the Governor or that authorised person may take such steps as are necessary to detain the aircraft.
If it appears to the Secretary of State or to the Governor or to an authorised person that any aircraft is intended or is likely to be flown in such circumstances that any provision of article 135 or 137 would be contravened in relation to the flight, the Secretary of State, the Governor or that authorised person may direct the pilot-in-command of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State, the Governor or by an authorised person.
For the purposes of paragraph (3) the Secretary of State or the Governor or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft and the Secretary of State, or the Governor or any authorised person may take such steps as are necessary to detain the aircraft.
Annotations
Textual amendments
- F1
Word in art. 8(1)(a) inserted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 4(2)
- F2
Word in art. 8(1)(b) deleted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 5(a)
- F3
Word in art. 8(1)(c) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 5(b)
- F4
Art. 8(1)(d) inserted (1.4.2015) by The Air Navigation (Overseas Territories) (Amendment) Order 2014 (S.I. 2014/2925), arts. 1(1), 5(c)