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Air Traffic Management And Unmanned Aircraft Act 2021

Contents

Commentary on provisions of Act

Structure of the Act

  1. The Air Traffic Management and Unmanned Aircraft Act comprises 22 sections and 11 Schedules. In Part 1 of the Act, section 7 introduces Schedules 1 and 2. In Part 2 of the Act, section 9 directly relates to and is expanded upon in Schedules 3 and 4. Section 10 directly relates to and is expanded upon in Schedules 5 and 6. Section 11 introduces Schedule 7. Section 12 makes provision on airport slot allocation. In Part 3 of the Act, sections 13, 14, 15 and 16 introduce Schedules 8, 9, 10 and 11 respectively. The following information is ordered to provide commentary on each section and Schedule listed above. This is followed by commentary on the remaining sections 17 and 18 of Part 3 of the Act, which concern disclosures of information and interpretation for that Part. Finally, these notes provide commentary on Part 4 of the Act, which comprises sections 19-22, all of which make general provision addressing all Parts of the Act.

Part 1: Airspace change proposals

Section 1: Meaning of "airspace change proposal"

  1. Section 1 defines an "airspace change proposal" as a proposal that (a) relates to managed airspace or the flight procedures or air traffic control procedures used within it, and (b) is of a type that the CAA is required to develop procedures for dealing with by directions given (from time to time) under section 66 of the 2000 Act (air navigation directions given by the Secretary of State to the CAA).

Section 2: Direction to progress airspace change proposal

  1. Section 2 enables the Secretary of State to give a direction to a person involved in airspace change, once they have been consulted, requiring them to prepare an ACP or take steps towards the preparation of an ACP, to submit an ACP to the CAA, to take steps to obtain the CAA’s approval to a proposal submitted to it, and/or to review the operation of an ACP that has been implemented following approval. A direction could be given to an airport operator, air navigation service provider, or any person with functions related to air navigation. A direction given may require the person to do specified things by specified dates and require the person to keep the CAA informed at specified intervals of the progress being made towards the direction being taken forward.
  2. A direction would only be able to be given by the Secretary of State if the Secretary of State considers that to do so would assist in the delivery of the CAA’s airspace strategy, which is prepared and maintained by the CAA (under directions given to the CAA under section 66 of the 2000 Act). Under the current Directions, (namely the Civil Aviation Authority (Air Navigation) Directions 2017, as amended), the CAA is required to "prepare and maintain a co-ordinated strategy and plan for the use of all UK airspace for air navigation up to 2040, including for the modernisation of the use of such airspace" (see direction 3(e) of those Directions).

Section 3: Direction to co-operate in airspace change proposal

  1. Section 3 enables the Secretary of State to give a direction to a person involved in airspace change, requiring that person to co-operate with another person involved in airspace change, in order to assist that other person: to prepare an ACP or to take steps in preparation of such a proposal, to submit an airspace change proposal to the CAA, to obtain approval of an airspace change proposal submitted to the CAA, and/or review the operation of an ACP that has been implemented following approval. Before giving such a direction, the Secretary of State is required to consult both the person to whom the direction would be given and the person with whom co-operation would be directed.
  2. As with a direction under section 2, a direction would only be able to be given if the Secretary of State considers that it will assist in the delivery of the CAA’s airspace strategy.
  3. The co-operation required could involve providing information verbally or providing relevant documents, or co-operating in any other ways the Secretary of State considers appropriate. A direction could specify the dates that the person co-operating needs to complete the tasks by, as outlined in the direction. A direction may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

Section 4: Directions under sections 2 and 3: supplemental

  1. Section 4 specifies that a direction under section 2 or 3 must be given in writing and published by the Secretary of State, and also that the Secretary of State may vary or revoke a direction by giving notice. A direction under section 2 or 3 is to be disregarded in so far as it conflicts with the requirements of a direction given under section 38 (directions in the interest of national security etc) or 93 (control in time of hostilities etc) of the 2000 Act, or with a direction under section 14 of the Aviation Security Act 1982.

Section 5: Delegation of functions to CAA

  1. Section 5 enables the Secretary of State to delegate the functions of the Secretary of State in sections 2 to 4 to the CAA. In the event of exercising these functions, the CAA must have regard to any international obligation of the United Kingdom notified to the CAA by the Secretary of State. The Secretary of State may revoke a delegation by giving notice to the CAA. The CAA is required to publish a notice given to it under subsections (1) or (4) of section 5.

Section 6: Provision of information

  1. Section 6 amends an existing information gathering power contained in section 84 of the Civil Aviation Act 1982 (provision by others of information for the CAA and Secretary of State), to enable the CAA to require information from a person involved in airspace change within the meaning of Part 1 of this Act (that is, from an airport operator, an air navigation service provider, or another person with functions relating to air navigation). The amendment enables the CAA to require information from such a person that the CAA considers is needed for the purpose of the CAA performing any of its functions under Part 1 of this Act, or for the purpose of providing any information, assistance or advice to the Secretary of State relating to the performance of any of the Secretary of State’s functions under Part 1 of this Act.

Section 7: Appeals and enforcement

  1. Section 7 introduces Schedules 1 and 2 to make provision for appeals against decisions to give directions under sections 2 and 3 (Schedule 1) and provisions for the CAA to enforce directions and for connected appeals (Schedule 2).

Schedule 1: Appeals against decisions to give or vary directions

  1. Schedule 1 makes provision for appeals against decisions to give or vary a direction given by the Secretary of State under section 2 or 3 (appeals could also be made against decisions to give or vary a direction from the CAA, where the CAA has been delegated those functions by the Secretary of State). This includes provision for the person given a direction to appeal to the Competition Appeal Tribunal. An appeal may be permitted if the listed grounds of appeal are met, and further appeals on a point of law can be brought to the Court of Appeal in England, Wales and Northern Ireland or to the Court of Session in Scotland.

Schedule 2: Enforcement of directions and connected appeals

  1. This Schedule makes provision governing enforcement by the CAA of ACP directions. It provides for contravention notices and enforcement orders, penalties for contravention of enforcement orders, and appeal rights in respect of enforcement orders and penalties.
  2. Paragraph 1 of Schedule 2 enables the CAA to give a contravention notice to a person if it has reasonable grounds for believing that the person has contravened a direction requirement.
  3. Where the CAA has considered any representations and determined that the person has contravened the direction requirement, it would then be able to make an enforcement order requiring the person to take specified steps to remedy the consequences of the contravention (paragraph 2).
  4. If the person then contravenes a requirement in the enforcement order, the CAA would then be able to impose a penalty on the person (paragraph 4). Paragraphs 6 to 8 make provision as to the amount of a penalty, which may be either or both a fixed amount (not exceeding 10% of the person’s turnover) or a daily amount (not exceeding 0.1% of the person’s turnover).
  5. Paragraph 11 requires the CAA to prepare and publish a statement of its policy with respect to imposing penalties under Schedule 2, and determining their amount. When preparing or revising such a statement, the CAA must consult any persons that it considers appropriate. Paragraph 12 of Schedule 2 confers a power on the Secretary of State to make regulations to prescribe how turnover is determined when calculating the fixed and daily amounts of a penalty imposed under paragraph 4.

Section 8: Part 1: Interpretation

  1. Section 8 provides for interpretation of Part 1 of the Act, including definitions of an "air navigation service provider", "airport operator" and "airspace change proposal".

Part 2: Air traffic

Section 9: Licensed air traffic services: modifying the licence and related appeals

  1. Section 9 substitutes section 11 of the 2000 Act with new sections 11 to 11B. Without this amendment, licence modifications could only be made by agreement between the CAA and the licence holder, or following a reference to, and investigation by, the Competition and Markets Authority ("CMA"). The licence when granted contains provisions which are either conditions or terms (each are defined in new section 40(6) and (6A) of the 2000 Act respectively). A term relates to matters such as the duration of a licence and the area in respect of which the licence authorises the provision of air traffic services, whereas a condition relates to operational matters, such as the licence holder’s obligations on safety and efficiency. New section 11 (modification of a licence) enables the CAA to modify a licence by modifying a licence condition and the Secretary of State to modify terms relating to the duration of a licence, and other terms prescribed by regulations, subject to the applicable procedural constraints set out in new sections 11A and 11B.
  2. New section 11A (modification of a licence: procedure) sets out the licence modification procedure and the steps that the CAA and Secretary of State must follow when modifying a licence, including provision for which persons must be consulted about a proposed modification, giving reasons for a proposed modification and for a decision to make, or not make, the proposed modification, and the timeline governing this process.
  3. New section 11B (restrictions on power to modify licence conditions) prohibits the CAA from making a modification if the Secretary of State directs it not to do so.
  4. Subsection (2) of section 9 also repeals sections 12 to 18 of the 2000 Act, which made provision for a reference to the CMA, and an investigation by it, to consider whether certain matters relating to the provision of air traffic services by the licence holder operate against the public interest and, if so, whether the effects could be remedied or prevented by a change to the licence conditions. This process would have been used where the CAA and the licence holder could not agree a licence modification.
  5. Section 9 also makes provision for appeals against modifications of licence conditions, which is included in Schedule 3 and the related appeals procedure, which is inserted into the 2000 Act by Schedule 4.

Schedule 3: Modification of licence conditions under section 11 of the Transport Act 2000: appeals

  1. This Schedule inserts new sections 19A to 19F into the 2000 Act.
  2. These new sections make provision for appeals in respect of a decision by the CAA to modify a licence condition; this includes provision for which persons may appeal and for appeals to be made to the CMA (new section 19A), the grounds on which an appeal may be allowed (new section 19B), what occurs on the determination of an appeal (new section 19C), the time limits within which such appeals must be determined (new section 19D), and requirements governing the publication of the determination of the appeal (new section 19E). The appeal may only be brought by the licence holder or certain other persons (e.g. an airline operator, or the owner or manager of a prescribed aerodrome whose interests are materially affected by the decision) with the permission of the CMA, which (if the appeal is allowed) must do one or more of the following, namely quash the decision appealed against, remit the matter to the CAA for reconsideration and decision, or substitute its own decision for that of the CAA.
  3. New section 19F applies new Schedule A1 (making further provision in respect of appeals under section 19A) to the 2000 Act, and requires the CMA in exercising its appeal functions to have regard to the matters in respect of which duties are imposed on the CAA by section 2 of the 2000 Act.

Schedule 4: New Schedule A1 to the Transport Act 2000

  1. This Schedule sets out new Schedule A1, to be inserted before Schedule 1 to the 2000 Act. This Schedule makes provision for the procedure governing appeals in respect of decisions by the CAA to modify a licence condition. This includes provision relating to:
    • the time limits for bringing an appeal;
    • the requirement to obtain permission to appeal;
    • the right of certain persons to intervene in an appeal;
    • the right to apply to suspend the effect of the decision being appealed pending the determination of the appeal;
    • the powers of the CMA on determining the appeal;
    • the production of documents and giving oral and written evidence (including the commissioning of expert advice);
    • costs; and
    • the publication of the determination.
  1. Paragraphs 23 and 25 of this Schedule respectively confer power on the CMA to make rules governing the conduct and disposal of appeals, and the Secretary of State to make regulations which modify time limits prescribed in the Schedule.

Section 10: Air traffic services licensed under Part 1 of the Transport Act 2000: enforcement

  1. This section amends Chapter 1 of Part 1 of the 2000 Act. It substitutes section 20 with a new section 20 which applies a new Schedule B1 (enforcement and related appeals) to the 2000 Act, repeals sections 21 to 24 of the 2000 Act (enforcement), substitutes a new section 25, and inserts new sections 25A to 25C. These new sections apply a new Schedule C1 to the 2000 Act (information power), make provision for the imposition and recovery of penalties, and require the CAA to publish a statement of policy with respect to imposing penalties under Chapter 1 and determining their amount. It also amends section 34 regarding investigations and replaces the CAA's duty in certain circumstances to investigate complaints about alleged or apprehended contraventions with a discretion to do so.

Schedule 5: New Schedule B1 to the Transport Act 2000

  1. This Schedule sets out new Schedule B1, which is inserted into the 2000 Act by section 10(7). Schedule B1 makes provision governing the CAA’s powers to enforce the licence holder’s duties under section 8 of the 2000 Act and licence conditions, and the licence holder’s appeal rights in respect of orders and penalties made or imposed by the CAA. This includes provision relating to:
    • contravention notices;
    • enforcement and urgent enforcement orders;
    • the availability of a civil cause of action to persons adversely affected by a failure of the licence holder to comply with an enforcement or urgent enforcement order;
    • the imposition of financial penalties (which may consist of a fixed amount and/or a daily amount) and the determination of their amounts;
    • the right of appeal to the Competition Appeal Tribunal in respect of orders or penalties; and
    • the grounds for determining an appeal.
  1. Paragraph 14 of this Schedule confers power on the Secretary of State to make regulations which amend or otherwise modify the definition of qualifying turnover, and make provision about how a licence holder’s qualifying turnover is to be calculated for the purposes of determining the amount of penalty.

Schedule 6: New Schedule C1 to the Transport Act 2000

  1. Schedule 6 sets out new Schedule C1, which is inserted into the 2000 Act after new Schedule B1. Schedule C1 makes provision which enables the CAA to give notice to a person requiring that person to provide the CAA with information for the purpose of exercising certain functions. It contains related provision which enables the CAA:
    • to take enforcement steps if a person fails without reasonable excuse to comply with the notice (including the imposition of a financial penalty); and
    • to impose penalties in respect of the provision of false information or the intentional altering, suppressing or destroying of documents that a person is required to produce.
  1. Part 3 to Schedule C1 contains provisions for appeals against penalties to the Competition Appeal Tribunal.
  2. Paragraph 2(9) of new Schedule C1 confers on the Secretary of State a power to make regulations to amend the maximum amounts of fixed and daily penalties (set out in paragraph 2(4) and (5) for failure to comply with an information notice).

Section 11 and Schedule 7: Air traffic services: consequential amendments

  1. Section 11 gives effect to amendments in Schedule 7 which are consequential on sections 9 and 10.

Schedule 7: Air traffic services: consequential amendments

  1. This Schedule makes a number of minor and consequential amendments to Part 1 of the 2000 Act (e.g. to insert new definitions or amend existing ones) and one provision in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
  2. Paragraph 8 inserts new section 40A into the 2000 Act to make provision for "connected persons" for the purpose of Chapter 1 of Part 1 of that Act. New section 40A(3) confers power on the Secretary of State to make regulations to make provision about when one person is connected with another for the purposes of that Chapter.

Section 12: Airport slot allocation

  1. Section 12 amends retained Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports ("Regulation 95/93"). Subsection (2) inserts a new Article 10aa, which provides the Secretary of State with a power to make regulations to amend or modify Regulation 95/93 or the Airports Slot Allocation Regulations 2006 (S.I. 2006/2665) and to make provision about the allocation of airport slots to air carriers in respect of specified periods. These powers are exercisable until 24 August 2024 and may not be exercised in respect of a scheduling period after Winter 2024/25; and only if the Secretary of State considers that as a result of severe acute respiratory syndrome coronavirus 2 there has been a reduction in the level of air traffic compared to the corresponding period in a relevant previous year and the reduction is likely to persist.
  2. The power to amend Regulation 95/93 or the Airports Slot Allocation Regulations 2006 is a general power to amend those enactments to make provision about the allocation of airport slots in respect of specified periods. It may, in particular, be used to make provision about: requiring slot coordinators to consider slots allocated as having been operated by the carrier to which they were allocated (subject to any conditions which may be specified); to modify the percentages referred to in Articles 8(2), 10(2) and (4) and 14(6) of Regulation 95/93 (again subject to any conditions which may be specified); to add to the reasons for which non-utilisation of slots can be justified; to give the slot coordinator powers to withdraw slots from an air carrier for the remainder of a scheduling period, where the coordinator has determined that the air carrier has ceased its operations at the airport concerned; making provision for enforcement including modifying Article 14 of Regulation 95/93 or regulations 14 to 19 of the Airports Slot Allocation Regulations 2006; modifying any provision of Regulation 95/93 relating to the allocation of slots to new entrants (including modifying the definition of new entrant) and making provision relating to co-ordination parameters.
  3. Subsection (3) amends Article 13 of Regulation 95/93, to provide that regulations made by the Secretary of State under the new Article 10aa are subject to approval by both Houses of Parliament.

Part 3: Unmanned aircraft

Section 13: Powers of police officers and prison authorities

  1. Section 13 introduces Schedule 8, which gives constables and those with responsibilities in respect of custodial institutions certain powers relating to UA.

Schedule 8: Unmanned aircraft: powers of police officers and prison authorities

Part 1: General power of police officers
Power of constable to require an unmanned aircraft to be grounded
  1. Paragraph 1(1) and (2) gives a constable the power to require a person controlling a UA to ground the UA in certain circumstances. This power will allow a constable to stop a person from continuing to use a UA to commit an offence, and to begin the process of investigation of an offence. If the offence has not yet been committed, the power may be used by a constable to prevent the offence from taking place.
  2. Paragraph 1(3) and (4) provides for an offence of failing to comply with a requirement imposed by a constable to ground a UA under this paragraph, and sets out the penalty for that offence. Paragraph 1(3) specifies that, in order for an offence to be committed, the person must be in control of the UA and lack a reasonable excuse for failing to comply with the requirement. This may mean that in a situation where the UA technology was hacked or malfunctioned, for example, the person would not be guilty of an offence.
Power of constable to stop and search persons or vehicles
  1. Paragraph 2 gives a constable the power to stop and search for UA, associated articles or (in relation to the prison-related offences) articles involved in the commission of relevant prison offences. Associated articles could include items such as the UA controller. Articles involved in the commission of the prison-related offences include, for example, the contraband mobile phones, drugs or tools being smuggled into a prison. This power may be used to stop and search persons, vehicles, or anything which is in or on a vehicle, in any place where the constable has lawful access and where they reasonably suspect that one of the specified offences under the ANO 2016 or a "relevant prison offence" is being committed or has been committed.
  2. Paragraph 2(1) allows the power to be exercised only in a place to which the constable lawfully has access.
  3. Paragraph 2(2) limits the circumstances in which a search may take place by requiring that one of either Condition A, B, or C must be satisfied, and by allowing a constable to search a person, a vehicle, or anything in or on a vehicle.
  4. Paragraph 2(3) sets out the requirements for satisfaction of Condition A. These requirements relate to the commission of an offence under article 94A ANO 2016 (permission for flights over or near aerodromes by certain UA), article 240 ANO 2016 (endangering the safety of an aircraft), article 265A(2) ANO 2016 (various requirements under the Implementing Regulation relating to UAS operators), article 265B(2) ANO 2016 (various requirements under the Implementing Regulation relating to remote pilots) or in relation to relevant prison offences (defined in paragraph 8 of Schedule 8).
  5. Paragraph 2(4) sets out the requirements for satisfaction of Condition B. These requirements relate to the commission of an offence under article 239(4) ANO 2016 (offences relating to regulations made under article 239, the power of the Secretary of State to prohibit or restrict flying), a relevant offence under article 265B(3) ANO 2016 (defined in paragraph 6 of Schedule 8) and a relevant offence under article 265E(7) ANO 2016 (defined in paragraph 7 of Schedule 8). Condition B also requires that the commission of the offence is or was related to certain listed harmful purposes. This further condition is necessary because the scenarios in which these articles could be breached are very broad and not all breaches warrant a stop and search power.
  6. Paragraph 2(5) sets out the requirements for satisfaction of Condition C. These requirements relate to articles which have been involved in the commission of relevant prison offences involving a UA.
  7. Paragraph 2(6) gives a constable the power to seize items discovered in the course of a search under paragraph 2 where they have reasonable grounds for believing the item is evidence in relation to an offence listed in paragraph 2(6)(a)-(d).
Power to enter and search premises under warrant
  1. Paragraph 3(1) gives a justice of the peace the power to issue a warrant authorising a constable to enter and search premises and seize a UA and associated articles under this Schedule. This power provides entry, search and seizure powers for offences which are not covered by existing PACE 1984 entry, search and seizure powers or other existing powers in Scotland and Northern Ireland. The power facilitates investigation of relevant offences relating to a UA.
  2. Paragraph 3(2) limits this power so that it may only be used in relation to a UA and associated articles involved in a "relevant unmanned aircraft offence", the definition of which is set out in paragraph 5 of Schedule 8.
  3. Paragraph 3(3) restricts the power of a constable to search for an associated article only to the extent required to find a UA or associated article. This provision ensures that this search power is not used beyond the scope for which it was intended.
  4. Paragraph 3(4) and (5) provides that provisions in England and Wales and Northern Ireland legislation apply to warrants issued under paragraph 3. These referenced provisions relate to the proper execution of search warrants, and safeguarding measures.
  5. Paragraph 3(6) sets out practical considerations and requirements relating to search warrants in Scotland.
  6. Paragraph 3(7) and (8) is self-explanatory.
Supplementary Powers
  1. Paragraph 4(1) of Schedule 8 gives the constable the power to use reasonable force when necessary, when exercising a power conferred by this Schedule.
  2. Paragraph 4(2) and (3) makes applicable to this Schedule of the Act the specific rules for retention of seized items in England and Wales and Northern Ireland, respectively.
  3. Paragraph 4(5), which applies in relation to Scotland, sets out the period of time for which anything seized under this Schedule may be retained. The retention period will depend on the relevant circumstances but will be for as long as necessary. Retention might be necessary for use as evidence at a trial or for forensic examination as part of an investigation.
  4. Paragraph 4(6), which applies in relation to Scotland, provides that an item may not be retained if it would be sufficient, for the purposes mentioned in paragraph 4(5), to take a photograph or copy instead.
  5. Paragraph 4(7) clarifies that the powers in this Schedule are in addition to any other powers conferred on the police through other legislation. They are not intended to replace any already existing police powers or take precedence over any future powers that might be conferred on the police.
Meaning of "relevant unmanned aircraft offence"
  1. Paragraph 5 defines the term "relevant unmanned aircraft offence" that is used in Schedule 8 in relation to the power to enter and search under warrant, and the power to retain items that have been seized. It provides that the term means an offence under this Act, an offence under article 94A(1), 239(4), 265A(2) or 265B(2) of the ANO 2016, a "relevant offence under article 265B(3) of the ANO 2016" (as defined in paragraph 6), a "relevant offence under article 265E(7) of the ANO 2016" (as defined in paragraph 7), an offence under the law of Scotland which arises under any other provision of the ANO 2016 and relates to unmanned aircraft, except an offence which is triable only summarily, an offence under section 40C(2) or (3) of the Prison Act 1952, section 34B(2) or (3) of the Prison Act (Northern Ireland) 1953, section 41 or 41ZA of the Prisons (Scotland) Act 1989 and a "Scottish common law prison offence" (as defined in paragraph 9).
Meaning of "relevant offence under article 265B(3) of the ANO 2016"
  1. Paragraph 6 defines the term relevant offence under article 265B(3) of the ANO 2016 that is used in Schedule 8. It provides that this term means an offence that is committed by the contravention of a relevant requirement set out or referred to in the following provisions of the ANO 2016: article 265B(5)(a), (h), (i) or (j), article 265B(6), article 265B(7)(e) insofar as the requirement to comply with authorised limitations and conditions regulates the operation of a UA during flight, article 265B(7)(f), (g) or (i) and article 265B(8) insofar as the conditions under which operations in the framework of the model aircraft clubs or associations may be conducted regulate the operation of a UA during flight.
Meaning of "relevant offence under article 265E(7) of the ANO 2016"
  1. Paragraph 7 defines the term relevant offence under article 265E(7) of the ANO 2016 that is used in Schedule 8. It provides that this term means an offence that is committed by the contravention of a relevant requirement set out or referred to in the following provisions of the ANO 2016: article 265E(2)(a)(vi), (vii) or (viii); article 265E(2)(b)(ix), (x) or (xi); article 265E(5)(a); and article 265E(6).
Meaning of "relevant prison offence"
  1. Paragraph 8 defines the term relevant prison offence that is used in Schedule 8. It provides that this term means an offence under sections 39, 40B, 40C and 40CB of the Prison Act 1952, sections 29(1), 33, 34A and 34B of the Prison Act (Northern Ireland) 1953, sections 41 and 41ZA of the Prisons (Scotland) Act 1989 and a Scottish common law prison offence (as defined in paragraph 9).
Meaning of "Scottish common law prison offence"
  1. Paragraph 9(1) defines the term Scottish common law prison offence that is used in Schedule 8. It provides that this term means an offence at common law in Scotland committed by assisting a prisoner in escaping, or attempting to escape, from a penal institution; intending to facilitate the escape of a prisoner from a penal institution by bringing, throwing or otherwise conveying anything into the penal institution, or causing another person to do so, or giving anything to a prisoner or leaving anything in any place, inside or outside, of the institution.
  2. Paragraph 9(2) defines certain terms used in 9(1) and is self-explanatory.
Other interpretation
  1. Paragraph 10(1) defines certain terms used throughout this Schedule and is self-explanatory.
  2. Paragraph 10(2) and (3) provides that references to secondary legislation in Schedule 8 are to those provisions "as amended from time to time" which means the references to those provisions in the Act will automatically refer to the amended provision, unless a contrary intention appears.
Part 2: Powers of police officers and prison authorities under Police Act 1997
Authorisations to interfere with property etc.
  1. Paragraph 11 amends section 93 of the Police Act 1997 to include a new criterion under which authorisation can be given by a public authority listed in that section to interfere with property and wireless telegraphy (such interferences potentially being the consequence of the use of certain counter-UA technologies). The effect is that such authorisations may be given where the person giving the authorisation believes that it is necessary for the action specified to be taken for preventing or detecting the use of a UA in the commission of a relevant offence, and that the taking of the action is proportionate to what the action seeks to achieve.
  2. Paragraph 11(2) amends section 93(2)(a) of the Police Act 1997. This amendment enables interference with property and wireless telegraphy where the authorising officer believes it is necessary for the prevention or detection of "the use of an unmanned aircraft in the commission of a relevant offence".
  3. Paragraph 11(3) inserts into the Police Act 1997 a new subsection (2AB) of section 93, which enables the Chief Constable of the CNC to authorise interference with property and wireless telegraphy, where the Chief Constable believes such interference is necessary and proportionate for the purpose of preventing or detecting the use of a UA in the commission of a relevant offence.
  4. Paragraph 11(4) inserts into the Police Act 1997 a new subsection (2AC) of section 93. New subsection (2AC) states that an "England and Wales prison authorisation" can only be made for the purpose of preventing or detecting the use of a UA in the commission of a relevant offence.
  5. Paragraph 11(5) inserts into the Police Act 1997 a new section (2AD) of section 93. New subsection (2AD) states that a "Northern Ireland prison authorisation" can only be made for the purpose of preventing or detecting the use of a UA in the commission of a relevant offence.
  6. Paragraph 11(6) inserts into the Police Act 1997 a new section (2AE) of section 93. New section (2AE) states that a "Scottish penal institution authorisation" can only be made for the purpose of preventing or detecting the use of a UA in the commission of a relevant offence.
  7. Paragraph 11(7) inserts paragraph (ab) under subsection (3) of section 93 of the Police Act 1997 to enable the application to authorise to be made by a member of the CNC, together with subsection 5(ef), which is inserted into section 93 of the Police Act 1997 by Paragraph 11(12) of this Schedule to define the "authorising officer" as the Chief Constable of the CNC.
  8. Paragraph 11(8) inserts into the Police Act 1997 a new paragraph (db) to subsection (3) of section 93. This lists in the case of an England and Wales prison authorisation who may make an application under section 93.
  9. Paragraph 11(9) inserts into the Police Act 1997 a new paragraph (dc) to subsection (3) of section 93. This lists in the case of a Northern Ireland prison authorisation who may make an application under section 93.
  10. Paragraph 11(10) inserts into the Police Act 1997 a new paragraph (dd) to subsection (3) of section 93. This lists in the case of a Scottish penal institution authorisation who may make an application under section 93.
  11. Paragraph 11(11) inserts into the Police Act 1997 a new subsection (4A) of section 93, which lists the relevant offences which comprise certain offences in the Prison Act 1952, the Prison Act (Northern Ireland) 1953, equivalent common law offences in Scotland, the Prisons (Scotland) Act 1989, the Aviation and Maritime Security Act 1990, and the ANO 2016. Paragraph 11(11) also inserts into the Police Act 1997 new subsection (4B), which allows the Secretary of State to amend the list of relevant offences in subsection (4A) by means of regulations subject to the affirmative procedure, as stated in new subsection (4C) which is inserted into section 93 by paragraph 11(11).
  12. Paragraph 11(12) inserts new paragraph 5(ef) into section 93 of the Police Act 1997 to define the "authorising officer" as the Chief Constable of the CNC.
  13. Paragraph 11(13) inserts into the Police Act 1997 a new paragraph (hb) to subsection (5) of section 93. This allows a member of senior management for prisons in England and Wales designated by the Secretary of State in respect of the relevant England and Wales institution to be an authorising officer for the purposes of section 93.
  14. Paragraph 11(14) inserts into the Police Act 1997 a new paragraph (hc) to subsection (5) of section 93. This allows a member of senior management for prisons in Northern Ireland whose duties are exercisable in respect of the relevant Northern Ireland institution to be an authorising officer for the purposes of section 93.
  15. Paragraph 11(15) inserts into the Police Act 1997 a new paragraph (hd) to subsection (5) of section 93. This allows a member of senior management for penal institutions in Scotland designated by the Scottish Ministers in respect of the relevant Scottish penal institution to be an authorising officer for the purposes of section 93.
  16. Paragraph 11(16) inserts a provision (cbza) under subsection (6) of section 93 of the Police Act 1997 to define the "relevant area" to which this authorisation applies as any place where (under section 56 of the Energy Act 2004) the members of the CNC have the powers and privileges of a constable.
  17. Paragraph 11(17) inserts into the Police Act 1997 a new paragraph (cbb) to subsection (6) of section 93. This describes the area to which an England and Wales prison authorisation may apply.
  18. Paragraph 11(18) inserts into the Police Act 1997 a new paragraph (cbc) to subsection (6) of section 93. This describes the area to which a Northern Ireland prison authorisation may apply.
  19. Paragraph 11(19) inserts into the Police Act 1997 a new paragraph (cbd) to subsection (6) of section 93. This describes the area to which a Scottish penal institution authorisation may apply.
  20. Paragraph 11(20) inserts a new subsection (8) of section 93. This sets out definitions of an "England and Wales prison authorisation", a "contracted out institution" in England and Wales, a "contracted out Scottish penal institution", a "member of senior custodial staff for a juvenile justice centre", a "member of senior management for penal institutions in Scotland", a "member of senior management for prisons in England and Wales", a "member of senior management for prisons in Northern Ireland", a "Northern Ireland prison authorisation", a "Northern Ireland prison officer", a "penal institution", a "prison" in relation to Northern Ireland, a "prisoner" in relation to a penal institution in Scotland, a "relevant England and Wales institution", a "relevant Northern Ireland institution", a "relevant Scottish penal institution", a "Scottish penal institution authorisation", a "Scottish prison officer", and an "unmanned aircraft".
  21. Paragraph 12 amends section 94 of the Police Act 1997 (authorisations given in absence of authorising officer).
  22. Paragraph 12(2) inserts into the Police Act 1997 a new paragraph (ba) to subsection (1) of section 94. This sets out when an urgent case may arise in respect of an England and Wales prison authorisation.
  23. Paragraph 12(3) inserts into the Police Act 1997 a new paragraph (bb) to subsection (1) of section 94. This sets out when an urgent case may arise in respect of a Northern Ireland prison authorisation.
  24. Paragraph 12(4) inserts into the Police Act 1997 a new paragraph (bc) to subsection (1) of section 94. This sets out when an urgent case may arise in respect of a Scottish penal institution authorisation.
  25. Paragraph 12(5) inserts new paragraph (de) under subsection (2) of section 94 of the Police Act 1997 to enable a deputy or assistant chief constable of the CNC to authorise the interference with property and wireless telegraphy in the absence of the Chief Constable of the CNC.
  26. Paragraph 12(6) inserts into the Police Act 1997 a new paragraph (fb) to subsection (2) of section 94. This describes who may be designated by the Secretary of State to exercise the powers conferred on an authorising officer in an urgent case in respect of an England and Wales prison authorisation.
  27. Paragraph 12(7) inserts into the Police Act 1997 a new paragraph (fc) to subsection (2) of section 94. This paragraph (fc) describes who may be designated by the Department of Justice in Northern Ireland to exercise the powers conferred on an authorising officer in an urgent case in respect of a Northern Ireland prison authorisation.
  28. Paragraph 12(8) inserts into the Police Act 1997 a new paragraph (fd) to subsection (2) of section 94. This paragraph (fd) describes who may be designated by the Scottish Ministers to exercise the powers conferred on an authorising officer in an urgent case in respect of a Scottish penal institution authorisation.
  29. Paragraph 12(9) inserts into the Police Act 1997 a new paragraph (ba) to subsection (4) of section 94. This allows the Secretary of State to designate a member of senior management for prisons in England and Wales as a designated deputy in respect of an England and Wales prison authorisation.
  30. Paragraph 12(10) inserts into the Police Act 1997 a new paragraph (bb) to subsection (4) of section 94. This allows the Department of Justice in Northern Ireland to designate a member of senior management for prisons in Northern Ireland as a designated deputy in respect of a Northern Ireland prison authorisation.
  31. Paragraph 12(11) inserts into the Police Act 1997 a new paragraph (bc) to subsection (4) of section 94. This allows the Scottish Ministers to designate a member of senior management for penal institutions in Scotland as a designated deputy in respect of a Scottish penal institution authorisation.
  32. Paragraph 12(12) inserts into the Police Act 1997 a new subsection (4A) to section 94. This provides for definitions to be consistent with those set out in section 93 in respect of an "England and Wales prison authorisation", "member of senior management for prisons in England and Wales" and "relevant England and Wales institution".
  33. Paragraph 12(13) inserts into the Police Act 1997 a new subsection (4B) to section 94. This provides for definitions to be consistent with those set out in section 93 in respect of a "member of senior management for prisons in Northern Ireland", "Northern Ireland prison authorisation" and "relevant Northern Ireland institution".
  34. Paragraph 12(14) inserts into the Police Act 1997 a new subsection (4C) to section 94. This provides for definitions to be consistent with those set out in section 93 in respect of a "member of senior management for penal institutions in Scotland", "Scottish penal institution authorisation" and "relevant Scottish penal authorisation".

Section 14: Powers of police officers relating to ANO 2016

  1. Section 14 introduces Schedule 9 which makes provision about police powers relating to requirements in the ANO 2016.

Schedule 9: Unmanned aircraft: powers of police officers relating to ANO 2016

Provision by remote pilots of evidence of competency
  1. Paragraph 1(2) confers on a constable the power to require a remote pilot to provide evidence of competency. Paragraph 1(1) requires the constable to have reasonable grounds for believing that a flight by a UA is taking place or has taken place and that the person in question is or was the remote pilot for the flight to exercise this power. The constable must also have reasonable grounds for suspecting that a "relevant competency requirement" is or was applicable. This provision will assist constables in enforcing competency requirements and in investigating any offences or incidents in which a UA has been involved.
  2. Paragraph 1(3) provides that "relevant competency requirement" is a requirement imposed by or referred to in following provisions of the ANO 2016: article 265B(5)(b), article 265B(5)(c), article 265B(7)(b), article 265B(7)(c), article 265B(8) and article 265E(2)(b)(ii).
  3. Paragraph 1(4) and (5) provides that a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 1(2). The person will only be guilty of an offence if they are or were the remote pilot and if the relevant competency requirement is or was applicable. Paragraph 1(6) links to a defence which is provided in paragraph 10.
Provision by remote pilots of information about UAS operators
  1. Paragraph 2(2) confers on a constable the power to require a remote pilot to provide information as to the identity of the person or persons who are or were the UAS operator for the flight, or the person or persons who made the UA available to the remote pilot. Paragraph 2(1) provides that a constable may exercise this power if they have reasonable grounds for believing that a flight by a UA is taking place or has taken place and that the person in question is the remote pilot, and if they have reasonable grounds for suspecting that a "relevant registration requirement" is or was applicable. This provision will assist constables in enforcing the registration requirement and related offence and in investigating any offences or incidents in which a UA has been involved.
  2. Paragraph 2(3) provides that a relevant registration requirement is a requirement imposed or referred to in the following provisions of the ANO 2016: article 265A(5)(a); article 265A(5)(b); article 265A(6)(a); article 265A(6)(b); article 265(7)(a); article 265(7)(b); article 265A(9)(a); article 265A(9)(b); article 265E(1)(a); and article 265E(1)(b).
  3. Paragraph 2(4) and (5) provides that a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 2(2). A person will only be guilty of an offence if they are or were the remote pilot, if the relevant registration requirement is or was applicable and if they could have provided information of the kind required when asked. Paragraph 2(6) links to a defence which is provided in paragraph 10.
Provision by UAS operators of evidence of registration
  1. Paragraph 3(2) confers on a constable the power to require a UAS operator to provide evidence of registration. Paragraph 2(1) provides that a constable may exercise this power if he or she has reasonable grounds for believing that a flight by a UA is taking place or has taken place and that the person in question is or was the UAS operator, and if they have reasonable grounds for suspecting that a relevant registration requirement is or was applicable. This provision will assist constables in enforcing the registration requirement and in investigating any offences or incidents in which a UA has been involved.
  2. Paragraph 3(3) provides that the term "relevant registration requirement" has the same meaning as in paragraph 2 of Schedule 9.
  3. Paragraph 3(4) and (5) provides that a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 3(2). A person will only be guilty of an offence, subject to the defence referred to in paragraph 3(6), if they are or were the UAS operator and if the relevant registration requirement is or was applicable.
Provision by UAS operators of information about remote pilots
  1. Paragraph 4(2) confers on a constable the power to require a UAS operator to provide information as to the identity of the person or persons who are or were the remote pilot or remote pilots for the flight. Paragraph 4(1) provides that a constable may exercise this power if they have reasonable grounds for believing that a flight by a UA is taking place or has taken place and that the person is question is the UAS operator, and if they have reasonable grounds for suspecting that a relevant competency requirement is or was applicable. This provision will assist constables in enforcing the competency requirement and in investigating any offences or incidents in which a UA has been involved.
  2. Paragraph 4(3) provides that the term "relevant competency requirement" has the same meaning as in paragraph 1 of this Schedule.
  3. Paragraph 4(4) and (5) provides that a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 4(2). A person will only be guilty of an offence if the relevant competency requirement is or was applicable and if they could have provided information of the kind required when asked to do so by the constable. Paragraph 4(6) links to a defence which is provided in paragraph 10.
Provision by remote pilots or UAS operators of other information etc
  1. Paragraph 5(2) confers on a constable the power to require a person to provide information, documentation or evidence that is of a "specified description". Paragraph 5(1) provides a constable may exercise this power if they have reasonable grounds for believing that a flight by a UA is taking place or has taken place and that the person in question is or was the remote pilot or the UAS operator.
  2. Paragraph 5(3) confers on the Secretary of State a power to, by regulations, prescribe information, documentation or evidence that is of a "specified description" for the purposes of paragraph 5(2). Paragraph 5(4) provides that regulations made under paragraph 5(3) may also set out conditions that must be met before a constable may require a person to provide information, documentation or evidence that is within the "specified description".
  3. Paragraph 5(5) and (6) provides that a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 5(2). A person will only be guilty of an offence if they are or were the remote pilot or UAS operator and if they could have provided information, documentation or evidence of the kind required when asked to do so by the constable. Paragraph 5(7) links to a defence which is provided in paragraph 10.
Provision of evidence of consents for certain flights
  1. Paragraph 6(2) confers on a constable the power to require a person to provide evidence of a "relevant consent" for a flight to take place. Paragraph 6(1) provides that a constable may exercise this power if they have reasonable grounds for believing that a flight is taking place or has taken place and that the person is question is or was the remote pilot or UAS operator, and if they have reasonable grounds for suspecting that a relevant consent is required for the flight to be lawful under the ANO 2016.
  2. Paragraph 6(3) provides that "relevant consent" means a permission, operational authorisation, LUC authorisation or certification required by, or referred to in, any of the following provisions of the ANO 2016: article 94A; article 265A(1)(b); article 265A(1)(c); article 265B(1)(b); article 265B(1)(c); and article 265E(3).
  3. Paragraph 6(4) and (5) provide that a person is guilty of an offence and liable on conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 6(2). A person will only be guilty of an offence if they are or were the remote pilot or UAS operator and if the relevant consent is or was applicable. Paragraph 6(6) links to a defence which is provided in paragraph 10.
Provision of evidence of exemptions for certain flights
  1. Paragraph 7(2) confers on a constable the power to require evidence of an "ANO exemption" for a flight to take place. Paragraph 7(1) provides that a constable may exercise this power if they have reasonable grounds for believing that a flight is taking place or has taken place and that the person in question is or was the remote pilot or UAS operator, and reasonable grounds for suspecting that the flight contravenes a provision of the ANO 2016 in the absence of an exemption.
  2. Paragraph 7(3) provides that "ANO exemption" means an exemption under article 266 of the ANO 2016.
  3. Paragraph 7(4) provides that the evidence which a constable may require a person to provide includes evidence that an ANO exemption is applicable.
  4. Paragraph 7(5) and (6) provides that a person is guilty of an offence and liable on conviction to a fine not exceeding level 2 on the standard scale if they fail to comply with a requirement imposed by a constable under paragraph 7(2). A person will only be guilty of an offence if they are or were the remote pilot or UAS operator and if the ANO exemption is or was applicable. Paragraph 7(7) links to a defence which is provided in paragraph 10.
Power to inspect unmanned aircraft in connection with other powers
  1. Paragraph 8(1) confers on a constable the power to inspect the UA if they consider it would assist to determine whether a power conferred by paragraphs 1 to 7 of this Schedule is exercisable.
  2. Paragraph 8(2) is self-explanatory.
  3. Paragraph 8(3) and (4) provides that a person who fails to comply with a requirement under this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offence of providing false or misleading information
  1. Paragraph 9 makes it an offence to provide false or misleading information and sets out that someone who is guilty of an offence is liable, on summary conviction, to a level 3 fine. This provides an incentive for a person to provide accurate information.
Provision of information etc at a police station
  1. Paragraph 10(1) provides that a person can meet the requirement to produce information by presenting it within seven days of the requirement being imposed or as soon after that period as is reasonably practicable. This allows for reasonable flexibility for those who are compliant with requirements but were unable to provide the required information immediately.
  2. Paragraph 10(2) provides a defence where it was not reasonably practicable to provide the required documentation at the nominated police station before the day on which court proceedings commenced, and makes provision for those who are genuinely unable to get to a police station within the required time period.
  3. Paragraph 10(3) describes the time at which the proceedings are considered to be commenced for the purposes of paragraph 10(2). This will vary between the jurisdictions of England and Wales, Scotland, and Northern Ireland.
Interpretation
  1. Paragraph 11 defines certain terms used throughout this Schedule and is self-explanatory.

Section 15: Fixed penalties for certain offences relating to unmanned aircraft

  1. Section 15 introduces Schedule 10, which contains provisions about fixed penalties.

Schedule 10: Fixed penalties for certain offences relating to unmanned aircraft

Power to issue fixed penalty notices
  1. Paragraph 1 of this Schedule gives constables the power to issue FPNs for fixed penalty offences.
  2. Paragraph 1(2) and (3) gives the constable the power to issue FPNs when the constable believes that the offender did not cause or intend to cause various types of harm or damage when committing the offence. This provision limits the use of FPNs to less serious offending.
  3. Paragraph 1(2) and (4) gives the constable the power to issue FPNs only when the person can be properly identified by way of their name and address.
Fixed penalty offences
  1. Paragraph 2(1) gives the Secretary of State the power to prescribe in regulations the offences in relation to which FPNs may be issued. This power will be subject to the affirmative resolution procedure in Parliament the first time it is used, and thereafter the negative resolution procedure, as is set out in section 19 on Regulations.
  2. Paragraph 2(2) sets out which types of offences may be prescribed as fixed penalty offences for the purpose of this Act.
  3. Paragraph 2(3) amends the ANO 2016 to provide for FPNs where an offence under the ANO 2016 is prescribed as a fixed penalty offence under this Act.
  4. Paragraph 2(4) and (5) is self-explanatory.
Fixed penalty notices
  1. Paragraph 3(1) and (2) sets out the definition of an FPN, the information that must be included in it and the procedure for paying the fixed penalty.
  2. Paragraph 3(3) provides that two different amounts may be specified in an FPN; if this is the case then only the lower amount is payable if the payment is made within a specified period of not more than 14 days.
  3. Paragraph 3(4) sets out how fixed penalties that may be made by post may be made, and the time that payment will be regarded as having been made.
Effect of fixed penalty notice
  1. Paragraph 4 allows a person given an FPN 21 days in which to pay it and avoid being convicted of the offence. The proceedings for the offence cannot begin until after that 21-day period unless the person in receipt of the FPN requests a hearing in respect of the offence.
Amount of fixed penalty
  1. Paragraph 5 gives the Secretary of State the power to prescribe in regulations the amount of the fixed penalty. The amount prescribed may vary between the offences, and may be adjusted by future amendment to the regulations. This power will be subject to the affirmative resolution procedure in Parliament the first time it is used and thereafter the negative resolution procedure, as is set out in section 19 on Regulations.
  2. Paragraph 5(2) provides that the amount that may be prescribed is limited. This means that a fixed penalty amount will never exceed half of the maximum fine that would have been payable if the person was convicted for that offence. Provision has also been made in paragraph 5(2)(b) for the possibility of a future offence attracting an unlimited fine (level 5 on the standard scale for summary offences). As it is not possible for an unlimited amount to be halved, in this scenario an FPN would be set at the amount corresponding to level 4 on the standard scale.
Supplementary provision
  1. Paragraph 6 gives the Secretary of State the power to prescribe further requirements in relation to FPNs by regulations, and provides that these regulations may amend or repeal primary legislation. As is set out in section 19 on Regulations, this power will be subject to the affirmative resolution procedure in Parliament when regulations contain provision amending or repealing provision contained in an Act of Parliament.
Issuing of registration documents
  1. Paragraph 7 sets out when registration documents in relation to FPNs may be issued in England and Wales, Scotland, and Northern Ireland and the related procedures. It also sets out requirements as to the information a registration document must contain. The registration document is a step in the enforcement process that occurs after a person has failed to pay a fixed penalty within the response period, and when that person has not requested a hearing.
Sending of registration documents
  1. Paragraph 8 sets out the procedure for the sending of registration documents when a person is given an FPN and a registration document has been issued. The person to whom the documents are sent varies between the jurisdictions of England and Wales, Scotland, and Northern Ireland. Registration documents will be sent to the designated person in the area where the recipient of the FPN appears to reside, and if there is no relevant recipient in that area, the documents will be sent to the designated person in the area in which the offence was committed. This provision ensures that enforcement is possible against non-residents of the United Kingdom, or against others whose residence is not determined.
Registration of fixed penalty: document sent to designated officer in England and Wales
  1. Paragraph 9 relates to the registration of the fixed penalty document received by a designated officer in England and Wales.
  2. Paragraph 9(1) and (2) is self-explanatory.
  3. Paragraph 9(3) to (6) provides that when a registration document is received by the designated officer, and the person to whom it relates resides in that area, the officer must register the penalty as a fine in the register of a magistrates’ court for that area. If the person to whom it relates does not reside in that area, it will be sent to the appropriate person in the jurisdiction in which that person appears to reside.
  4. Paragraph 9(7) to (11) provides that if a registration document is not dealt with under paragraph 9(3) to (6), the designated officer who receives a registration document in relation to an offence committed in that area must register the penalty in the register of a magistrates’ court for that area. If the offence was committed elsewhere in England and Wales, or in Scotland or Northern Ireland, the designated officer must send it to the appropriate person in that jurisdiction. The title of that person varies between Scotland, England and Wales, and Northern Ireland.
  5. Paragraph 9(12) to (15) provides that, once a fixed penalty is registered as a fine, the recipient of the FPN must be given notice of the registration against them, and sets out the information the notice must contain. It further provides that once the penalty is registered as a fine, it will have effect as a fine imposed by the magistrates’ court. The date of registration will be considered as the date of conviction. Section 85 of the Magistrates’ Courts Act 1980 (power to remit a fine in whole or in part) applies to a sum registered in a magistrates’ court by virtue of this paragraph.
Registration of fixed penalty: document sent to clerk in Scotland
  1. Paragraph 10 provides for the registration of the fixed penalty document in Scotland.
  2. Paragraph 10(1) and (2) is self-explanatory.
  3. Paragraph 10(3) to (6) provides that when a registration document is received by the clerk of a court of summary jurisdiction, and the person it relates to resides in the area of the court, the clerk will register the penalty as a fine for enforcement by that court. If the person to whom it relates does not reside in that area, it will be sent to the appropriate person in the jurisdiction in which that person appears to reside. The title of that person varies between Scotland, England and Wales, and Northern Ireland.
  4. Paragraph 10(7) to (11) provides that if a registration document is not dealt with under -paragraph 10(3) to (6), the clerk who receives the registration document in relation to an offence committed in that area must register the penalty as a fine by enforcement of that court. If the person to whom it relates does not reside in that area, it will be sent to the appropriate person in the jurisdiction in which that person appears to reside.
  5. Paragraph 10(12) and (13) provides that, once a fixed penalty is registered as a fine, the recipient of the FPN must be given notice of the registration against them, and set out the information the notice must contain.
  6. Paragraph 10(14) provides that once the penalty is registered as a fine, it will have effect as a fine imposed by the court for the purposes of any enactment referring to such a fine. The date of registration will be considered as the date of conviction.
  7. Paragraph 10(15) provides that an enactment referred to in 10(14) includes those made by the Scottish Parliament.
Registration of fixed penalty: document sent to clerk of petty sessions in Northern Ireland
  1. Paragraph 11 provides for the registration of the fixed penalty document in Northern Ireland.
  2. Paragraph 11(1) and (2) is self-explanatory.
  3. Paragraph 11(3) to (5) provides that when a registration document is received by the clerk of petty sessions, and the person it relates to resides in the area of the court, the clerk will register the penalty as a fine for enforcement by entering it in the Order Book of a court of summary jurisdiction. If the person to whom it relates does not reside in that area, it will be sent to the appropriate person in the jurisdiction in which that person appears to reside.
  4. Paragraph 11(6) to (9) provides that if a registration document is not dealt with under paragraph 11(3) to (5), the clerk who receives the registration document in relation to an offence committed in that area must register the penalty as a fine by enforcement by entering it in the Order Book of a court of summary jurisdiction. If the person to whom it relates does not reside in that area, it will be sent to the appropriate person in the jurisdiction in which that person appears to reside.
  5. Paragraph 11(10) to (12) provides that, once a fixed penalty is registered as a fine, the recipient of the FPN must be given notice of the registration, and set out the information the notice must contain. They further provide that, once the penalty is registered as a fine, it will have effect as if the amount registered were a fine imposed by the court on the conviction of the recipient on the date of the registration.
  6. Paragraph 11(13) and (14) provides that the clerk of petty sessions must refer the case to a district judge at a magistrates’ court. The judge will then decide whether to make a collection order and, if the order is made without a court hearing, the date by which the fine is due must be the same as the date specified in the notice of registration, unless the court directs otherwise.
  7. Paragraph 11(15) is self-explanatory.
Bodies corporate and the Crown
  1. Paragraph 12(1) explains the procedure for an FPN if it is issued to a corporate body. If an FPN is issued to a corporate body, their registered or principal office is their address and the place where they reside.
  2. Paragraph 12(2) provides that an FPN may not be given to the Crown when the Crown is immune from liability in relation to the offence.
Interpretation
  1. Paragraph 13 is self-explanatory.

Section 16: Amendment and enforcement regulations

  1. Section 16 introduces Schedule 11 which makes provision about the amendment of provisions that relate to offences in consequence of "relevant subordinate legislation", and makes provision for the enforcement of particular EU-derived legislation, including provision for criminal offences and civil penalties.

Schedule 11: Amendment and enforcement regulations

Part 1: Amendment of provisions that relate to offences
Amendments in consequence of relevant subordinate legislation
  1. Paragraph 1(1) provides that the power to make Air Navigation Orders in section 60 of the Civil Aviation Act 1982 includes the power to amend the Act. Paragraph 1(2) provides a power for the Secretary of State to amend the Act by regulations. Paragraph 1(3) and (4) sets out what amendments may be made to the Act using the powers in paragraph 1(1) and (2) and authorises certain amendments to Schedule 8, section 14 and Schedule 9 of the Act when this is appropriate due to developments in "relevant subordinate legislation".
  2. Paragraph 1(4)(c) provides that section 14 and Schedule 9 may be amended to confer a police power that corresponds to a power conferred by Schedule 9 as enacted. Paragraph 1(5) and (6) sets out the circumstances in which Schedule 9 may be amended for this purpose. Amendments under paragraph 1(4)(c) are limited to conferring police powers which relate to the same subject matter as currently provided for in Schedule 9. Paragraph 1(6) makes it clear that such new police powers may authorise the use of reasonable force and that amendments to the Act may provide for related offences, including offences of providing false or misleading information.
  3. Paragraph 1(7) provides the definition of terms used in this paragraph and is self-explanatory.
Parliamentary procedure
  1. Paragraph 2 amends Part 2 of Schedule 13 of the Civil Aviation Act 1982 in order to provide that the Parliamentary procedure for amendments to Schedule 8, section 14 and Schedule 9 of the Act which are authorised by paragraph 1(3)(b), (4)(b) or (c) will be the affirmative resolution procedure; such provisions therefore must be actively approved by both Houses of Parliament. For any other amendments made under paragraph 1, the negative resolution procedure will apply.
Part 2: Enforcement of particular EU-derived legislation
Regulations providing for criminal offences or civil penalties
  1. Paragraph 3 gives the Secretary of State a new power to make regulations providing for criminal offences and civil penalties in relation to any "relevant legislation". Paragraph 3(2) limits this power. Regulations made under this power may not provide for offences to be triable only on indictment. In terms of penalties, regulations may not authorise any term of imprisonment or any fine exceeding the statutory maximum for a conviction following a summary trial. For convictions on indictment, regulations may not authorise a term of imprisonment exceeding two years. Paragraph 3(3) limits the statutory maximum for a civil penalty such that it cannot exceed the amount of a fine at level 4 on the standard scale.
  2. Paragraph 3(4) states that where a civil penalty is imposed, the regulations must also include provision for a right of appeal to a court or tribunal. Paragraph 3(5) sets out further details about the matters which regulations providing for such an appeal may include such as the manner in which such an appeal may be made, including the jurisdiction of the court or tribunal, the grounds, the procedure, the suspension of the imposition of the penalty pending determination, the powers of the court or tribunal, and the method by which any sum payable in pursuance of a decision of the court or tribunal is to be recovered. The potential breadth of the powers of the court or tribunal to which an appeal is made is further clarified by paragraph 3(6) which provides that these may include provision to confirm and to withdraw the penalty, to vary the amount of the penalty, and to award costs.
  3. Paragraph 3(7) makes it clear that paragraph 3 does not limit the provision that may be made by an Air Navigation Order made under section 60 of the Civil Aviation Act 1982.
  4. Paragraph 3(8) is self-explanatory.
  5. When the power conferred by paragraph 3(1) is exercised to create criminal offences as permitted by paragraph 3(1)(a), the regulations will be subject to an affirmative resolution procedure in Parliament, as set out in section 19(3)(f) of the Act. When the power is exercised to create civil penalties, the regulations will be subject to the negative resolution procedure in Parliament.
Part 3: Interpretation
Interpretation
  1. The definitions in paragraph 4 are self-explanatory. Paragraph 4 also provides that a reference to "UK Delegated Regulation", "UK Implementing Regulation" or UK Basic Regulation" in Schedule 11 is a reference to the relevant EU Regulation as retained (and amended from time to time) in domestic law.

Section 17: Disclosures of information

  1. This section facilitates the disclosure of information under provisions in Part 3 of the Act, provided that such disclosure does not contravene data protection legislation or the Investigatory Powers Act 2016.

Section 18: Interpretation

  1. The section is self-explanatory.

Part 4: General

Section 19: Regulations

  1. Regulations under this Act will be made by statutory instrument. This section sets out which regulations are subject to the affirmative resolution procedure, and which are subject to the negative resolution procedure.

Section 20: Extent

  1. Section 20 provides that this Act extends to England and Wales, Scotland, and Northern Ireland, except that section 12 (airport slot allocation) extends to England and Wales and Scotland only.

Section 21: Commencement

  1. Section 21(1) sets out which provisions in the Act will come into force immediately when the Act is passed for the purpose of making regulations.
  2. Section 21(2) sets out which provisions in the Act come into force two months after the Act is passed.
  3. Section 21(3) provides that the Act will otherwise come into force on the date set out in regulations. This provides for flexibility in relation to the coming into force date of the provisions.
  4. Section 21(4) provides that different days may be appointed for different purposes.
  5. Section 21(5) provides for transitional, transitory or saving provision to be made in connection with the coming into force of any provision of the Act.
  6. Section 21(6) provides that the power to make regulations under subsection (5) includes power to make different provision for different purposes.
  7. Section 21(7) states that the Regulations made under section 20 are to be made by statutory instrument.

Section 22: Short title

  1. Section 22 states that the Act may be cited as the Air Traffic Management and Unmanned Aircraft Act 2021.

Parliamentary approval for financial costs or for charges imposed

  1. A ways and means resolution was required for the Act because the Act provides for certain sums received by the CAA to be paid into the Consolidated Fund. Under section 10(5) and paragraph 10(4) of Schedule 2, sums received by the CAA by way of penalties or interest are to be paid into the Consolidated Fund.

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