The Air Traffic Services (Exemption) Order 2019
S.I. 2019/1130 · Made 15 July 2019
Civil Aviation
Made 15th July 2019
Laid before Parliament 18th July 2019
Coming into force 31st December 2019
The Secretary of State for Transport makes this Order in exercise of the powers conferred by section 4 of the Transport Act 2000f1.
The Civil Aviation Authority has been consulted in accordance with section 103(7) of that Act.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and application
- 2Interpretation
- 3Exemption authorising the provision of air traffic services
- 4Duration of Exemption
- 5Revocation
- Signature
- Explanatory note
1Citation, commencement and application
This Order may be cited as the Air Traffic Services (Exemption) Order 2019 and comes into force on 31st December 2019.
This Order applies in relation to managed areasf1.
2Interpretation
In this Order, “area control centre” and “area control service” have the same meaning as in the Air Navigation Order 2016f1.
3Exemption authorising the provision of air traffic services
Subject to paragraph (2), the provision of air traffic servicesf1 in respect of a managed area is authorised.
Paragraph (1) does not authorise the provision of an area control service from an area control centre or the provision of air traffic services by the holder of a licence granted under section 5 of the Transport Act 2000.
4Duration of Exemption
The exemption granted by article 3 of this Order continues in force until the end of 31st December 2029.
5Revocation
The Air Traffic Services (Exemption) Order 2011f1 is revoked.
Signature
Signed by authority of the Secretary of State for Transport
Vere
Parliamentary Under Secretary of State
Department for Transport
15th July 2019
Explanatory note
(This note is not part of the Order)
Section 3 of the Transport Act 2000 (c. 38) makes it an offence for a person to provide air traffic services in respect of a managed area without an authorisation to do so by virtue of either an exemption granted under section 4 or a licence granted under section 5. See section 40(3) for the definition of “managed areas” and section 98 setting out the general interpretation of “air traffic services”.
Article 3 of this Order authorises the provision of air traffic services, other than area control services provided from an area control centre. See Schedule 1 to the Air Navigation Order 2016 for the definitions of “area control service” and “area control centre”. The authorisation does not extend to services provided by the holder of a licence granted under section 5. The authorisation will expire at the end of 31st December 2029. Article 5 revokes the Air Traffic Services (Exemption) Order 2011 (S.I. 2011/425), which contained a similar exemption until 31st December 2019.
An impact assessment has not been produced for this order as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.