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Article 3 Provision of ATM/ANS and ATM network functions

United Kingdom

Original text. Later amendments are not shown.

1.

F1The Secretary of State shall ensure that the appropriate ATM/ANS and ATM network functions are provided in accordance with this Regulation in a manner that facilitates general air traffic, while taking into account safety considerations and traffic requirements.

2.

When F2the Secretary of State adopts additional provisions to complement this RegulationF3..., those provisions shall follow the standards and recommended practices set by the Chicago Convention. Where use is made of the provisions of Article 38 of the Chicago Convention, F4the Secretary of State shall notify the International Civil Aviation OrganisationF5..., with due justification, at the latest two months after the additional provisions have been adopted.

3.

F6The CAA shall publish, in accordance with the Chicago Convention, those additional provisions through F7its aeronautical information publications.

4.

Where F8the Secretary of State decides to organise the provision of certain specific air traffic services in a competitive environment, F9he or she shall take all appropriate measures to ensure that the providers of those services shall neither engage in conduct that would have as its object or effect the prevention, restriction or distortion of competition, nor shall they engage in conduct that amounts to an abuse of a dominant position, in accordance with applicable F10... law.

(5.)

F11Organisations other than an ATM/ANS provider referred to in point (2) of Article 2 of this Regulation or aerodrome operators regulated by Regulation (EU) No 139/2014, when originating, processing or transmitting aeronautical data or aeronautical information intended for use in IFR traffic, shall meet the requirements laid down in:

(a)

point ATM/ANS.OR.A.085 of Annex 3, except points (c), (d) and (f)(1) and (i);

(b)

point ATM/ANS.OR.A.090 of Annex 3.

Such organisations shall ensure that aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel.

Annotations

Textual amendments

F1

Words in Art. 3(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(2)

F2

Words in Art. 3(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(3)(a)

F3

Words in Art. 3(2) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(3)(b)

F4

Words in Art. 3(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(3)(c)

F5

Words in Art. 3(2) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(3)(d)

F6

Words in Art. 3(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(4)(a)

F7

Word in Art. 3(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(4)(b)

F8

Words in Art. 3(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(5)(a)

F9

Words in Art. 3(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(5)(b)

F10

Words in Art. 3(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 5(5)(c)

F11

Art. 3(5) inserted (20.11.2021) by The Aviation Safety (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1203), regs. 1(2), 24