77. —No person in charge of the provision of an air traffic control service shall provide such a service otherwise than under and in accordance with the terms of an approval granted to him by the Authority, and the Authority shall grant an approval to any person applying therefor if it is satisfied that the person is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.
78. —A person shall not provide an air traffic control service at any place unless:
(a)the service is provided in accordance with the standards and procedures specified in a manual of air traffic services in respect of that place;
(b)the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority; and
(c)such amendments or additions have been made to the manual as the Authority may from time to time require.
79.—(1) In the case of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing holding aid, let-down aid or approach aid by radio or radar, the person in charge of the aerodrome shall:
(a)inform the Authority in advance of the periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person; and
(b)during any period and at such times as are notified, cause an approach control service to be provided.
(2) The Authority may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Authority considers appropriate in respect thereof. The Authority may specify in the direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction.
(3) Obligations to cause an air traffic control service to be provided arising under paragraph (1) or (2) are without prejudice to each other.
80. —The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.
81.—(1) (a) Subject to sub-paragraph (b), the Authority shall grant a licence subject to such conditions as it thinks fit to any person to act as an air traffic controller or as a student air traffic controller upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Authority may require of him.
(b)The Authority shall not grant:
(i)a student air traffic controller’s licence to any person under the age of 18 years; or
(ii)an air traffic controller’s licence to any person under the age of 20 years.
(2) Subject to the provisions of article 71 of this Order, a licence to act as an air traffic controller or a student air traffic controller shall remain in force for the period indicated in the licence and may be renewed by the Authority from time to time, upon its being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid, for the lifetime of the holder.
(3) The Authority may include in an air traffic controller’s licence, subject to such conditions as it thinks fit and upon its being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, a rating of any of the classes set forth in Schedule 9 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide and such a rating shall be deemed to form part of the licence.
(4) (a) The holder of an air traffic controller’s licence shall not be entitled to exercise the privileges of a rating contained in the licence at any place or for any sector or with any type of radar equipment unless the licence includes a valid certificate of competence in respect of that rating which is appropriate to that place or sector and that equipment (if any) which certificate complies with sub-paragraph (b).
(b)A valid certificate of competence shall be signed by a person authorised by the Authority to sign certificates of that kind and shall not be appropriate to the exercise of the privileges of a rating at any place or for any sector or with any type of radar equipment unless the certificate specifies that place or sector and that type of radar equipment, if any, with the aid of which the service is to be provided, certifies that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence of which the certificate forms part has passed an appropriate test of his ability to exercise the privileges of the rating at the place or for the sector and with the type of radar equipment, if any, specified in the certificate and specifies the date on which it was signed. A certificate of competence shall be valid, subject to paragraph (2), for 13 months after the date of the test which it certifies.
(5) (a) If throughout any period of 90 days the holder of a licence has not at any time provided at a particular place or for a particular sector and with the aid of the type of radar equipment, if any, specified in a certificate of competence, the type of air traffic control service specified in the rating to which the certificate of competence relates, the certificate shall, without prejudice to the Authority’s powers under article 71 of this Order, cease to be valid for that place or sector at the end of that period.
(b)Upon a certificate of competence ceasing to be valid for a place or sector the holder of the licence shall forthwith inform the person who is approved pursuant to article 77 of this Order to provide an air traffic control service at that place or for that sector to that effect and shall forward the licence to a person approved by the Authority for the purpose who shall endorse the licence accordingly and return it to the holder forthwith.
(6) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorising the holder to act as an air traffic controller under the supervision of another person who is present at the time and who is the holder of an air traffic controller’s licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller and who is approved by the Authority for this purpose.
(7) A licence to act as an air traffic controller or a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.
(8) Every holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Authority may require, submit himself to such examinations and tests (including in particular medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Authority may require.
(9) On the basis of the medical examination referred to in paragraph (8), the Authority or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to article 84 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
(10) (a) The holder of an air traffic controller’s licence shall not act as an air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (9).
(b)The holder of a student air traffic controller’s licence shall not act in accordance with paragraph (6) unless his licence includes a medical certificate issued and in force under paragraph (9).
(11) For the purposes of this Part of the Order and Schedule 9 thereto, “acting as an air traffic controller” shall mean the giving of instructions or advice or both instructions and advice by means of radio signals (whether directly or indirectly via a person acting in accordance with article 83(3)(b) of this Order) to aircraft in the interests of safety.
82. Without prejudice to any other provision of this Order the Authority may, for the purpose of this Part of the Order, either absolutely or subject to such conditions as it thinks fit:
(a)approve any course of training or instruction;
(b)authorise a person to conduct such examinations or tests as it may specify; and
(c)approve a person to provide any course of training or instruction.
83.—(1) Subject to paragraphs (3) and (4), a person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the terms of:
(a)a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with article 81(6) of this Order;
(b)a valid air traffic controller’s licence so granted authorising him to provide that type of service at that place or for that sector and with the type of radar equipment being used (if any); or
(c)a valid air traffic controller’s licence so granted which does not authorise him to provide that type of service at that place or for that sector and with the type of radar equipment being used (if any) but he is supervised as though he was the holder of a student air traffic controller’s licence.
(2) A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.
(3) A licence shall not be required by any person who, acting in the course of his employment, passes on such instructions or advice as he has been instructed so to do by the holder of an air traffic controller’s licence which entitles that holder to give such instructions or advice.
(4) Nothing in this article shall prohibit the holder of a valid air traffic controller’s licence from providing at any place or for any sector for which the licence includes a valid certificate of competence, information to aircraft in flight in the interests of safety.
84.—(1) Every holder of an air traffic controller’s licence granted under article 81 of this Order who:
(a)suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or
(b)in the case of a woman, has reason to believe that she is pregnant;
shall inform the Authority in writing of such injury, illness or pregnancy as soon as possible.
(2) An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph(1)(a). The suspension of the licence shall cease:
(a)upon the holder being medically examined under arrangements made by the Authority and pronounced fit to resume his functions under the licence; or
(b)upon the Authority exempting the holder from the requirement of a medical examination subject to such conditions as the Authority may think fit.
85. A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.
86. A person holding an air traffic controller’s licence shall not act as an air traffic controller if he knows or suspects that he is suffering from or having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.
87.—(1) (a) Subject to sub-paragraph (b), the Authority shall grant a licence subject to such conditions as it thinks fit to any person to act as a flight information service officer upon its being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests and undertake such courses of training as the Authority may require of him.
(b)The Authority shall not grant such a licence to any person under the age of 18 years.
(2) Subject to the provisions of article 71 of this Order, a licence to act as a flight information service officer shall remain in force for the period indicated in the licence and may be renewed by the Authority from time to time, upon its being satisfied that the applicant is a fit person and is qualified as aforesaid. If no period is indicated in the licence, it shall remain in force, subject as aforesaid for the lifetime of the holder.
(3) (a) The holder of a flight information service officer’s licence shall not be entitled to provide a flight information service at a place unless that place has been specified in the licence by a person authorised by the Authority for the purpose and the licence has been validated in respect of that place by a person authorised for the purpose by the Authority.
(b)If, throughout any period of 180 days the holder of the licence has not at any time provided such a service at a particular place, the licence shall cease to be valid for that place at the end of that period until the licence has been revalidated in respect of that place by a person authorised by the Authority for the purpose.
(7) A licence to act as a flight information service officer shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.
(8) Every holder of a flight information service officer’s licence shall upon such occasions as the Authority may require, submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training as the Authority may require.
88.—(1) A person shall not provide at any place a flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide such a service unless he is the holder of and complies with the terms of a flight information service officer’s licence granted under this Order authorising him to provide such a service at that place.
(2) A person shall not provide a flight information service unless he has identified himself in such a manner as may be notified.
89. A person shall not provide a flight information service at any aerodrome unless:
(a)the service is provided in accordance with the standards and procedures specified in a flight information service manual in respect of that aerodrome;
(b)the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority; and
(c)such amendments or additions have been made to the manual as the Authority may from time to time require.