The Air Navigation (Overseas Territories) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2870 |
| Year | 2013 |
2013 No. 2870
Civil Aviation
The Air Navigation (Overseas Territories) Order 2013
Made 6th November 2013
Laid before Parliament 13th November 2013
Coming into force 1st January 2014
At the Court at Buckingham Palace, the 6th day of November 2013
Present
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 19491, as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 19692, and section 61 of the Civil Aviation Act 19823, as extended to certain territories by the Civil Aviation Act 1982 (Overseas Territories) (No. 2) Order 20014, is pleased, by and with the advice of Her Privy Council, to order as follows.
Citation and Commencement
1. This Order may be cited as the Air Navigation (Overseas Territories) Order 2013 and comes into force on 1st January 2014.
Revocation
2. The Orders specified in Schedule 1 to this Order are revoked.
Interpretation
3.—(1) In this Order, unless the context otherwise requires—
“the Act” means the Civil Aviation Act 1949;
“aerial work” has the meaning assigned to it by article 126;
“aerial work aircraft” means an aircraft (other than a commercial air transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;
“aerial work undertaking” means an undertaking whose business includes the performance of aerial work;
“aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;
“aerodrome control service” means an air traffic control service for any aircraft on the manoeuvring area or apron of the aerodrome in respect of which the service is being provided or which is flying in, or in the vicinity of, the aerodrome traffic zone of that aerodrome by visual reference to the surface;
“aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome;
“aerodrome traffic zone” means the airspace specified in sub-paragraphs (a) and (b), being airspace in the vicinity of an aerodrome which is notified for the purposes of rule 45 of the Rules of the Air—
(a) in relation to such an aerodrome at which the length of the longest runway is notified as 1850 metres or less—
(i) subject to sub-paragraph (ii), the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles;
(ii) where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this sub-paragraph is notified as being applicable, sub-paragraph (b) applies as though the length of the longest runway is notified as greater than 1850 metres;
(b) in relation to such an aerodrome at which the length of the longest runway is notified as greater than 1850 metres, the airspace extending from the surface to a height of 2000 ft above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2½ nautical miles;
except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;
“aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;
“aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;
“aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;
“aeronautical telecommunications service” means a telecommunication service provided for any aeronautical purpose;
“air traffic control service” means a service provided for the purpose of preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;
“air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or place to give instructions, advice or information by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to provide a flight information service to aircraft;
“air transport undertaking” means an undertaking whose business includes the undertaking of flights for the purposes of commercial air transport;
“annual costs” in relation to the operation of an aircraft means the best estimate reasonably practicable at the time of a particular flight in respect of the year commencing on the first day of January preceding the date of the flight of the costs of keeping and maintaining, and the indirect costs of operating, the aircraft, such costs in either case excluding direct costs and being those actually and necessarily incurred without a view to profit;
“annual flying hours” means the best estimate reasonably practicable at the time of a particular flight by an aircraft of the hours flown or to be flown by the aircraft in respect of the year commencing on the first day of January preceding the date of the flight;
“approach control service” means an air traffic control service for any aircraft which is not receiving an aerodrome control service, which is flying in, or in the vicinity of, the aerodrome traffic zone of the aerodrome in respect of which the service is being provided, whether or not the aircraft is flying by visual reference to the surface;
“approach to landing” means that portion of the flight of the aircraft when approaching to land in which it is descending below a height of1000 feet above the relevant specified decision height or minimum descent height;
“appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;
“appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit notified as serving the area in which the aircraft is for the time being, or the air traffic control unit notified as serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;
“apron” means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, for loading and unloading of cargo and for parking;
“area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;
“ASSI” means Air Safety Support International Limited, being a wholly owned subsidiary company of the Civil Aviation Authority formed in accordance with a direction given by the Secretary of State to the Civil Aviation Authority under section 6(2)(c) of the Civil Aviation Act 1982 on 2 January 2003;
“authorised person” means any person authorised by the Governor, or, as the case may be, the Secretary of State, either generally or in relation to a particular case or class of cases, and references to a person so authorised include references to the Director of Civil Aviation or the holder for the time being of any office designated by the Governor under article 6 of this Order or any officer of the Police Authority of the Territory acting in the course of his duty;
“beneficial interest” includes interests arising under contract and other equitable interests;
“British-controlled aircraft” has the same meaning as in section 92 of the Civil Aviation Act 1982;
“British protected person” has the same meaning as in section 50 of the British Nationality Act 19815;
“cabin crew” in relation to an aircraft means those persons on a flight carried for the purpose of performing in the interests of the safety of passengers duties to be assigned by the operator or the pilot-in-command of the aircraft but who do not act as a member of the flight crew;
“captive balloon” means a balloon which when in flight is attached by a restraining device to the surface;
“captive flight” means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;
“cargo” includes mail and animals;
“certificated aerodrome” means an aerodrome certificated under this Order;
“certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;
“certificate of release to service issued under the Order” has the meaning assigned to it by article 32(6);
“certificated for single pilot...
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