Part 1

Offences

Ships and aircraft

Annoyance by flying
35
1
A person subject to service law commits an offence if—
a
he flies an aircraft so as to annoy or be likely to annoy any person;
b
he can reasonably avoid flying the aircraft as mentioned in paragraph (a); and
c
he intends to fly, or is reckless as to whether he flies, the aircraft so as to annoy any person, or he is negligent.
2
If a person flies an aircraft in contravention of subsection (1) on the orders of another person who is in command of the aircraft, that other person is for the purposes of this section to be treated as flying the aircraft.
3
A person guilty of an offence under this section is liable to any punishment mentioned in rows 3 to 14 of the Table in section 164.
S. 35 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 35 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Word in s. 35(3) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 8(b); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3