The Air Navigation (Overseas Territories) (Amendment) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Article 3 of this instrument inserts paragraph (1A) in article 19 of the Air Navigation (Overseas Territories) Order 2013 (“the 2013 Order”), to ensure that the Governor publishes requirements for the issue of an export certificate of airworthiness, in order to facilitate the transfer of registration of an aircraft from a Territory to another State.

Article 4 of this instrument amends article 26(1)(c) to ensure that an aircraft registered in the Territory for which a certificate of airworthiness is in force does not fly unless it has complied with all mandatory airworthiness directives that have been issued by the Governor, as well as the State responsible for the certification of the aircraft, or alternatively that the Governor has prescribed other means of compliance for such directives.

Article 5 empowers the Governor to issue an airworthiness directive in respect of an aircraft or a class or a type of aircraft. This power applies only in respect of aircraft registered in the Territory.

Article 6 of this instrument substitutes article 185 of the 2013 Order. In addition to minor drafting changes, to simplify the structure of article 185, it includes, in the case of the power to fine, power to fine an equivalent sum in the Territory’s own currency to the sum stated in pound sterling.

Articles 7 and 8 of this instrument insert a new Schedule into the 2013 Order that applies article 185 subject to modifications for particular Territories. The purpose of this amendment is to reflect the different criminal justice systems in the Territories compared to that in the United Kingdom.