The Air Navigation (Amendment) Order 2001

Amendment of the Air Navigation Order 2000

7.  After article 90 there shall be inserted:

Making of an air traffic direction in the interests of safety

90A.— (1) The CAA may, in the interests of safety, direct the person in charge of an aerodrome that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

(2) 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(1) that there shall be provided, in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has in pursuance of international arrangements undertaken to provide air navigation services, otherwise than in respect of an aerodrome, such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.

(3) The CAA may specify in a direction made under this article the periods during which, the times at which, the manner in which and the airspace within which such service or such means shall be provided.

(4) The person who has been directed shall cause such a service or means to be provided in accordance with any such direction.

(5) (a) The CAA may, if it thinks fit, make a provisional air traffic direction in accordance with paragraphs (1) or (2) pending inquiry into or consideration of the case.

(b) A provisional air traffic direction shall have effect as though it was an air traffic direction made in accordance with paragraph (1) or (2) as the case may be.

Making of a direction for airspace policy purposes

90B.— (1) After consultation with the Secretary of State the CAA may direct in accordance with paragraphs (2) and (3) any person in charge of the provision of air traffic services to provide air traffic services in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has undertaken in pursuance of international arrangements to provide air traffic services.

(2) A direction under paragraph (1) may be made:

(a) in the interests of ensuring the efficient use of airspace; or

(b) to require that air traffic services are provided to a standard considered appropriate by the CAA for the airspace classification.

(3) The CAA may specify in a direction under paragraph (1) the air traffic services and the standard to which they are to be provided and the periods during which, the times at which, the manner in which, and the airspace within which such services shall be provided.

(4) The person to whom a direction is given shall cause such a service to be provided in accordance with the direction.”.

(1)

2000 c. 38.