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STATUTORY INSTRUMENTS


2004 No. 3337

CIVIL AVIATION

The Air Navigation (Overseas Territories) (Environmental Standards) Order 2004

  Made 16th December 2004 
  Laid before Parliament 10th January 2005 
  Coming into force 31st January 2005 


ARRANGEMENT OF ORDER


PART I

Preliminary
1. Citation and commencement
2. Interpretation

PART II

Noise Certification
3. Requirement for noise certificate by aircraft registered in the Territory
4. Requirement for noise certificate by aircraft registered elsewhere than in the Territory
5. Issue of noise certificate by Governor and furnishing of evidence
6. Exceptions to requirement for a noise certificate
7. Validity of noise certificate
8. Information to be included in flight manual
9. Exemptions in respect of Part II of this Order

PART III

Emissions Certification
10. Requirement for emissions certification by aircraft registered in the Territory
11. Requirement for emissions certification by aircraft registered elsewhere than in the Territory
12. Issue of emissions certification by Governor and furnishing of evidence
13. Exceptions to requirement to be certified
14. Exemptions in respect of Part III of this Order

PART IV

Carriage, Production and Revocation of Noise Certificate
15. Noise certificate to be carried
16. Production of noise certificate
17. Revocation, suspension and variation of noise certificate

PART V

Offences, Penalties and General
18. Offences in relation to noise certificates and emissions certification
19. Power to prevent aircraft flying
20. Right of access to aerodromes and other places
21. Obstruction of persons
22. Penalties
23. Liability of persons other than principal offender
24. Application of the Order to the Crown and visiting forces
25. Extra-territorial effect of the Order
26. Acceptance of reports
27. Application of Order

  SCHEDULE Territories to which this Order applies

At the Court at Buckingham Palace, the 16th day of December 2004

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by Section 8(1) of the Civil Aviation Act 1949[1] as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 1969[2] and section 108(1) of the Civil Aviation Act 1982[3] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:



PART I

Preliminary

Citation and commencement
     1. This Order may be cited as the Air Navigation (Overseas Territories)(Environmental Standards) Order 2004 and shall come into force on 31st January 2005.

Interpretation
    
2.  - (1) In this Order - 

    (2) Other expressions used in this Order and in the Air Navigation (Overseas Territories) Order 2001[4] shall have the same meaning in this Order as they have in that Order.

    (3) In this Order any reference to a sum expressed in terms of sterling shall be construed as a reference to the equivalent sum in the currency of the Territory calculated at such rate of exchange as may be prescribed or as the Governor may by order direct.



PART II

Noise Certification

Requirement for noise certificate by aircraft registered in the Territory
     3. An aircraft registered in the Territory for which Volume I of Annex 16 specifies applicable standards shall not fly unless it has a noise certificate issued by the Governor.

Requirement for noise certificate by aircraft registered elsewhere than in the Territory
     4. An aircraft registered elsewhere than in the Territory for which Volume I of Annex 16 specifies applicable standards shall not fly in the Territory unless it has a noise certificate issued by or on behalf of the State of Registry certifying compliance with those standards.

Issue of noise certificate by Governor and furnishing of evidence
     5.  - (1) The Governor shall issue a noise certificate to an aircraft registered in the Territory if he is satisfied that the aircraft complies with the applicable standards specified in Volume I of Annex 16 in relation to the noise made by the aircraft.

    (2) For the purposes of paragraph (1) the applicant for a certificate shall furnish such evidence and submit the aircraft to such flying trials and other tests as the Governor may require.

    (3) The Governor shall issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to standards as to noise as he thinks fit.

Exceptions to requirement for a noise certificate
     6. A noise certificate is not required by:

    (1) an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in Part A of Schedule 3 to the Air Navigation (Overseas Territories) Order 2001; or

    (2) an aircraft landing or taking-off at a prescribed place.

Validity of noise certificate
     7.  - (1) Subject to paragraph (2) and article 17, a noise certificate issued under article 5 shall remain in force without limit of time.

    (2) A noise certificate issued under article 5 shall cease to be valid for the purposes of article 3:

Information to be included in flight manual
     8.  - (1) This article shall apply to any aircraft first registered in the Territory on or after 1st August 1986 in respect of which by virtue of article 15 of this Order a noise certificate is required to be carried.

    (2) An aircraft to which this article applies shall not fly unless the flight manual in respect of that aircraft includes the information specified in Part II, Chapter 1 of Volume I of Annex 16.

Exemptions in respect of Part II of this Order
     9. The Governor may exempt from any of the provisions of this Part of this Order any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.



PART III

Emissions Certification

Requirement for emissions certification by aircraft registered in the Territory
     10. An aircraft registered in the Territory for which Volume II of Annex 16 specifies applicable standards shall not fly unless it individually, or is of a type which, has been certified by the Governor as complying with those standards.

Requirement for emissions certification by aircraft registered elsewhere than in the Territory
     11. An aircraft registered elsewhere than in the Territory for which Volume II of Annex 16 specifies applicable standards shall not fly in the Territory unless it individually, or is of a type which, has been certified by or on behalf of the State of registry as complying with those standards.

Issue of emissions certification by Governor and furnishing of evidence
     12.  - (1) The Governor shall certify a type of aircraft, turbojet engine, or turbofan engine if he is of the opinion that the type in question complies with the applicable standards specified in Volume II of Annex 16.

    (2) The applicant for certification to be issued by the Governor pursuant to paragraph (1) shall furnish such evidence and subject aircraft or engines of a type in respect of which the application has been made to such tests as the Governor may require.

Exceptions to requirement to be certified
     13. The requirement to be certified in accordance with this Part of this Order shall not apply to - 

    (1) an
aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in Part A of Schedule 3 to the Air Navigation (Overseas Territories) Order 2001; or

    (2) an aircraft landing or taking off at a prescribed place.

Exemptions in respect of Part III of this Order
     14. The Governor may exempt from any of the provisions of this Part of this Order any aircraft or engine or persons or classes of aircraft or engine or persons, either absolutely or subject to such conditions as he thinks fit.



PART IV

Carriage, Production and Revocation of Noise Certificate

Noise certificate to be carried
     15.  - (1) An aircraft shall not land or take-off in the Territory unless it carries every noise certificate which it is required to carry under the law of the country in which it is registered.

Production of noise certificate
     16.  - (1) Within a reasonable time after being requested to do so by the Governor or an authorised person, the commander of an aircraft shall cause to be produced to the Governor or that person every noise certificate in force in respect of that aircraft.

    (2) Within a reasonable time after being requested to do so by the Governor or an authorised person, the operator of an aircraft shall cause to be produced to the Governor or that person every noise certificate in force in respect of that aircraft.

Revocation, suspension and variation of noise certificate
     17.  - (1) The Governor may, if he thinks fit, provisionally suspend any noise certificate, exemption or other document issued under this Order pending inquiry into or consideration of the case.

    (2) The Governor may, after sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, exemption or other document.

    (3) The holder or any person having the possession or custody of any noise certificate, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Governor within a reasonable time after being required to do so by him.

    (4) The breach of any condition subject to which any noise certificate, exemption or other document has been issued under this Order shall render the document invalid during the continuance of the breach.



PART V

Offences, Penalties and General

Offences in relation to noise certificates and emissions certification
     18.  - (1) A person shall not with intent to deceive - 

    (2) A person shall not purport to issue any noise certificate or emissions certification under this Order unless he has been authorised to do so by the Governor.

Power to prevent aircraft flying
     19.  - (1) If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown in such circumstances that articles 3, 4, 10 or 11 would be contravened, the Governor or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the 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, and, if the aircraft is in the Territory, the Governor or that authorised person may take such steps as are necessary to detain the aircraft.

    (2) The operator or, as the case may be, the commander of an aircraft shall comply with any direction given to him pursuant to paragraph (1), unless he has reasonable excuse.

    (3) For the purposes of paragraph (1), the Governor or any authorised person may enter upon and inspect any aircraft.

Right of access to aerodromes and other places
     20.  - (1) Subject to paragraph (2), for the purpose of ascertaining whether the provisions of this Order are being complied with, the Governor and any authorised person shall have the right of access at all reasonable times to any aerodrome or any other place in the Territory where an aeroplane has landed for the purpose of inspecting any aircraft or any document which he has power to demand under this Order, and for the purpose of detaining any aircraft under this Order.

    (2) In relation to any Government aerodrome the Governor or the authorised person (as the case may be) shall obtain the permission of the person in charge of that aerodrome before exercising the right of access referred to in paragraph (1).

Obstruction of persons
     21. A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Penalties
    
22.  - (1) If any provision of this Order is contravened in relation to an aircraft the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

    (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

    (3) If any person contravenes any provisions of this Order, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.

Liability of persons other than principal offender
     23.  - (1) Where an offence under this Order has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

    (2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (3) Where a partnership is guilty of an offence under this Order or any regulations made thereunder and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Application of the Order to the Crown and visiting forces
    
24.  - (1) Subject to the following provisions of this article, the provisions of this Order shall apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft.

    (2) Nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

    (3) The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.

    (4) Nothing in this Order shall apply to or in relation to any military aircraft.

Extra-territorial effect of the Order
     25.  - (1) Except where the context otherwise requires, the provisions of this Order - 

    (2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 (which limits the criminal liability of citizens of certain countries) that that person shall not be guilty of an offence.

Acceptance of reports
     26. The Governor may, for the purposes of this Order, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.

Application of Order
    
27. The provisions of this Order apply to the Territories mentioned in the Schedule to this Order, any one of which is in this Order referred to in the expression "the Territory".


A K Galloway
Clerk of the Privy Council


SCHEDULE

TERRITORIES TO WHICH THIS ORDER APPLIES


Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Helena

St Helena Dependencies (Tristan da Cunha and Ascension Island)

South Georgia and the South Sandwich Islands

Sovereign Base Areas of Akrotiri and Dhekelia

Turks and Caicos Islands

Virgin Islands



EXPLANATORY NOTE

(This note is not part of the Order)


     1. This Order introduces legislation on
noise certification and aircraft emissions certification (dealing with fuel venting and emissions of smoke, unburned hydrocarbons, carbon monoxide and oxides of nitrogen) in one document that applies the requirements in Annex 16 to the Convention on International Civil Aviation 1944.

     2. The Order is intended:

    (1) To require all aircraft registered in the Territory and all aircraft taking-off and landing in the Territory to have a valid noise certificate (articles 3 and 4).

    (2) To define the circumstances under which a noise certificate can be issued and its period of validity and the exception from the requirement for a noise certificate (articles 5 - 7).

    (3) To require information relating to the noise certificate to be included in the flight manual (article 8).

    (4) To provide for the Governor to issue exemptions from noise certification requirements (article 9).

    (5) To require that specified aircraft shall not be registered in nor land or take-off in the Territory unless certified as complying with required standards contained in Annex 16 Volume II (articles 10 - 12).

    (6) To except from the requirements to have emissions certification aircraft flying in accordance with certain conditions set out in Part A or Part B of Schedule 3 of the Air Navigation (Overseas Territories) Order 2001 or aircraft taking off or landing in a prescribed place (article 13).

    (7) To provide for the Governor to issue exemptions from the restrictions referred to in (5) above (article 14).

    (8) To require the noise certificate to be carried and produced when required (articles 15 and 16).

    (9) To enable the Governor to revoke, suspend or vary a noise certificate (article 17).

    (10) To set out the offences in relation to noise certificates and emissions certification and the powers of the Governor relating to prevention (articles 18 and 19).

    (11) To provide for access to aerodromes and obstruction of persons (articles 20 and 21).

    (12) To set out the penalties for contravening the Order and the liability of offenders (articles 22 and 23).

    (13) To set out the applicability of the Order to the Crown and visiting forces (article 24).

    (14) To provide for the Order to have extra-territorial effect (article 25).

Annex 16 Volume I (Third Edition - July 1993) and Annex 16 Volume 11 (Second Edition - July 1993) of the Chicago Convention can be purchased from

ICAO, Document Sales Unit,999 University Street,

Montreal,

Quebec HC 5H7,

Canada,

Tel: +1 (514) 954-8022; Fax: +1 (514) 954-6769

E-mail: sales@icao.int.


Notes:

[1] 1949 c. 67.back

[2] S.I. 1969/592.back

[3] 1982 c. 16.back

[4] S.I. 2001/2128.back



ISBN 0 11 051353 3


  © Crown copyright 2004

Prepared 10 January 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20043337.html