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The Air Navigation (Restriction of Flying) (Russian Aircraft) (Amendment) (No. 2) Regulations 2022

S.I. 2022/435 · Made 5 April 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Civil Aviation

Made at 8.49 p.m. on 5th April 2022

Coming into force with immediate effect

The Secretary of State has previously decided it is necessary in the public interest to restrict aircraft flying in the area specified in regulation 2 by aircraft which are owned, chartered or operated by a person connected with Russia, or which are registered in Russia, and now considers it necessary in the public interest to extend that restriction.

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 239 of the Air Navigation Order 2016f1.

Annotations to the whole text

Footnotes

f1

S.I. 2016/765, to which there are amendments not relevant to these Regulations.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

These Regulations may be cited as the Air Navigation (Restriction of Flying) (Russian Aircraft) (Amendment) (No. 2) Regulations 2022 and they come into force with immediate effect.

2Amendment of the Regulations

For regulation 2 of the Air Navigation (Restriction of Flying) (Russian Aircraft) Regulations 2022f1 substitute—

“2.
(1)

Subject to paragraph (2), no aircraft which is—

(a)

owned, chartered or operated by a person connected with Russia,

(b)

registered in Russia, or

(c)

flying in accordance with a flight plan filed after 8.49 p.m. on 5th April 2022 which includes an aerodrome in Russia,

shall fly in United Kingdom airspace, including in the airspace above the United Kingdom’s territorial seaf2.

(2)

Paragraph (1) does not apply to any aircraft flying in accordance with the permission of—

(a)

the Secretary of State, or

(b)

the air traffic control unit at Swanwick or Prestwick.

(3)

In this regulation—

(a)

“a person connected with Russia” is to be construed in accordance with regulation 57O(3) of the Russia (Sanctions) (EU Exit) Regulations 2019f3,

(b)

“operated”, in relation to an aircraft, is to be construed in accordance with article 4(1) of the Air Navigation Order 2016f4, and

(c)

“owned”, in relation to an aircraft, is to be construed in accordance with regulation 57O(2) of the Russia (Sanctions) (EU Exit) Regulations 2019.”.

Signature

Signed by authority of the Secretary of State for Transport

Robert Courts

Parliamentary Under Secretary of State

Department for Transport

At 8.49 p.m. on 5th April 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Air Navigation (Restriction of Flying) (Russian Aircraft) Regulations 2022 (S.I. 2022/183, as amended by S.I. 2022/192). The amendment extends the restriction of flying to prevent any aircraft from flying in UK airspace if it is flying in accordance with a flight plan that includes an aerodrome in Russia.

Full details of this Statutory Instrument will be promulgated by Notice to Aviation (NOTAM).