Paragraph 1 I1

(1)

A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable—

(a)

has reasonable grounds for believing that—

(i)

a flight by an unmanned aircraft is taking place or has taken place, and

(ii)

P is or was the remote pilot of the unmanned aircraft for the flight, and

(b)

has reasonable grounds for suspecting that a relevant competency requirement is or was applicable as respects P and the unmanned aircraft and the flight.

(2)

The constable may require P to provide such evidence as the constable considers reasonable of P's compliance, as respects the unmanned aircraft and the flight, with a relevant competency requirement.

(3)

In this paragraph “relevant competency requirement” means a requirement imposed by, or referred to in F1—

(a)

article 265E(2)(b)(ii) of the ANO 2016 (tethered small unmanned aircraft of 250g or more: competency);

(b)

any of the following provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284)—

(i)

regulation 3(5)(b) (open category: having the appropriate competency in the intended sub-category of flight);

(ii)

regulation 3(5)(c) (open category: carrying proof of competency);

(iii)

regulation 3(7)(b) (specific category: having the appropriate competency);

(iv)

regulation 3(7)(c) (specific category: carrying proof of competency);

(v)

regulation 3(8) (specific category: having the appropriate competency specified in the authorisation relating to the flight).

(4)

P is guilty of an offence if—

(a)

P fails to comply with a requirement imposed by a constable under this paragraph to provide evidence of P's compliance, as respects an unmanned aircraft and a flight, with a relevant competency requirement,

(b)

P is or was the remote pilot of the unmanned aircraft for the flight, and

(c)

the relevant competency requirement is or was applicable as respects P and the unmanned aircraft and the flight.

(5)

A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)

Paragraph 10 includes a defence to the offence under this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 1(3) substituted (1.1.2026) by The Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284), reg. 1(2), Sch. 4 para. 3

Commencement

I1: Sch. 9 in force at 29.4.2021 for specified purposes and 29.6.2021 for all other purposes, see s. 21(1)(a)(2)

Notes on Schedule 9

Textual amendments

F1: Words in Sch. 9 heading inserted (1.1.2026) by The Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284), reg. 1(2), Sch. 4 para. 2