http://www.legislation.gov.uk/uksi/2001/397/article/9/madeThe Air Navigation (Amendment) Order 2001Radio stationsTraffic managementKing's Printer of Acts of Parliament2024-05-21CIVIL AVIATION This Order amends the Air Navigation Order 2000 (“the ANO”). In addition to minor and drafting amendments the following changes are made:The CAA or an authorised person may require production of any documents and records relating to approved air traffic service equipment (article 4).In respect of UK airspace and outside the UK for which the UK provides air navigation services an air traffic control approval granted by the CAA is required, which may be granted subject to such conditions as the CAA thinks fit and shall remain in force for the period specified on it (article 5 provides substitute article 88 of the ANO).The CAA may, in the interests of safety, direct the holder of a licence to provide air traffic services granted under Part I of the Transport Act 2000 to provide such air traffic control service, flight information service or means of two way radiocommunication as the CAA considers appropriate (article 7 inserts article 90A of the ANO).The CAA may, in the interests of ensuring the efficient use of airspace so as to require that air traffic services are provided to a standard appropriate for the airspace classification, direct any person in charge of the provision of air traffic services to provide such services as the CAA considers appropriate (article 7 inserts article 90B of the ANO).Air traffic service equipment is defined to mean ground based equipment including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground. Such equipment may not be established or used unless the CAA has approved its intended purpose, the competence of the person in charge and the equipment. Records must be kept in relation to such equipment and associated recording apparatus in accordance with specified requirements. If required recording apparatus becomes unserviceable, the person in charge of the air traffic service equipment must render it serviceable again as soon as reasonably practicable (article 9 provides substitute articles 104 and 105 of the ANO and inserts Schedule 15 into the ANO).The CAA and authorised persons have the right of access to any building or place from which an air traffic control service is being provided or where any approved air traffic service equipment is situated (article 10 amends article 119 of the ANO).Various definitions are provided for and in particular an air traffic direction is defined as a direction made under article 90A and an airspace policy direction is defined as a direction made under article 90B (article 11 amends article 129 of the ANO).Co-pilots of helicopters flying on scheduled journeys for public transport in instrument meteorological conditions must hold an instrument rating (article 12 amends Schedule 8 of the ANO). The Air Navigation (Amendment) Order 2001OrderThe Air Navigation Order 2005Sch. 1art. 1 9 For articles 104 and 105 there shall be substituted: 104 1 A person shall not cause or permit any air traffic service equipment to be established or used in the United Kingdom otherwise than under and in accordance with an approval granted by the CAA to the person in charge of the equipment. 2 An approval shall be granted pursuant to paragraph (1) upon the CAA being satisfied: a as to the intended purpose of the equipment; and b that the person is competent to operate the equipment and that the equipment is fit for its intended purpose. 3 a The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and availability of operation of any service which is available for use by any aircraft. b An approval granted pursuant to paragraph (1) may include a condition requiring a person in charge of an aeronautical radio station at any other aerodrome or place to cause the information specified in subparagraph (a) to be notified. 4 An approval granted pursuant to paragraph (1) may include a condition requiring the person in charge of the equipment to use a person approved by the CAA pursuant to paragraph (5) for the provision of particular services in connection with the equipment and in particular but without limitation may include a condition requiring that the equipment be flight checked by such an approved person. 5 The CAA may approve a person to provide particular services in connection with approved equipment. 6 For the purpose of paragraphs (1) and (5) an approval: a shall be in writing and may be granted subject to such conditions as the CAA thinks fit; and b may be granted in respect of one or more than one person or generally. 7 The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State. 8 In this Part of this Order, air traffic service equipment means ground based equipment, including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground which equipment is not otherwise approved by or under this Order but excluding: a any public telecommunication system; and b any equipment in respect of which the CAA has made a direction that it shall be deemed not to be air traffic service equipment for the purposes of articles 104 and 105 of this Order. 105 1 The person in charge of any air traffic service equipment and any associated apparatus required pursuant to paragraph (2) shall keep in respect of such equipment or apparatus records in accordance with Part A of Schedule 15, and shall preserve such records for a period of one year or such longer period as the CAA may in a particular case direct. 2 a The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide recording apparatus in accordance with paragraph (3). b The CAA may direct the person in charge of any other air traffic service equipment to provide recording apparatus in accordance with paragraph (3). 3 The person in charge of the air traffic service equipment in respect of which recording apparatus is required to be provided pursuant to paragraph (2) shall, subject to paragraph (5): a ensure that when operated the apparatus is capable of recording and replaying the terms or content of any message or signal transmitted or received by or through that equipment or in the case of an aeronautical radio station is capable of recording and replaying the terms or content of any voice radio message or signal transmitted to an aircraft either alone or in common with other aircraft or received from an aircraft by the air traffic control unit; b ensure that the apparatus is in operation at all times when the equipment is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft; c ensure that each record made by the apparatus complies with Part B of Schedule 15; d not cause or permit that apparatus to be used unless it is approved by the CAA; and e comply with the terms of such an approval. 4 a The CAA may in considering whether or not to grant an approval, without limitation, have regard to the matters specified in Part C of Schedule 15. b An approval may be granted subject to such conditions as the CAA thinks fit including, without limitation, conditions relating to the matters to which it may have had regard under sub-paragraph (a). c For the purpose of this article an approval shall be in writing and may be granted in respect of one or more than one person or generally. 5 If any apparatus provided in compliance with paragraph (2) ceases to be capable of recording the matters required by this article to be included in the records, the person required to provide that apparatus shall ensure that, so far as practicable, a record is kept which complies with Part B of Schedule 15 and on which the particulars specified therein are recorded together with, in the case of apparatus provided in compliance with paragraph (2)(a), a summary of voice communications exchanged between the aeronautical radio station and any aircraft. 6 If any apparatus provided in compliance with paragraph (2) becomes unserviceable, the person in charge of the air traffic service equipment shall ensure that the apparatus is rendered serviceable again as soon as reasonably practicable. 7 The person in charge of any air traffic service equipment shall preserve any record made in compliance with paragraphs (3) or (5) for a period of 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the CAA may in a particular case direct. 8 a Subject to sub-paragraph (b), a person required by this article to preserve any record by reason of his being the person in charge of the air traffic service equipment shall, if he ceases to be such a person, continue to preserve the record as if he had not ceased to be such a person, and in the event of his death the duty to preserve the record shall fall upon his personal representative: b If another person becomes the person in charge of the air traffic service equipment the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with any such record delivered to him as if he was the previous person in charge. 9 The person in charge of any air traffic service equipment shall within a reasonable time after being requested to do so by an authorised person produce any record required to be preserved pursuant to this article to that authorised person. 10 The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State. .