The Air Navigation Order 2005

Extra-territorial effect of the Order M1 U.K.

149.—(1) Except where the context otherwise requires, the provisions of this Order—

(a) in so far as they apply (whether by express reference or otherwise) to aircraft registered in the United Kingdom, shall apply to such aircraft wherever they may be;

(b) in so far as they apply as aforesaid to other aircraft shall apply to such other aircraft when they are within the United Kingdom or on or in the neighbourhood of an offshore installation;

(c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft registered in the United Kingdom, shall apply to such persons and crew, wherever they may be;

(d) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the United Kingdom by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be; and

(e) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft on or in the neighbourhood of an offshore installation, shall apply to every person irrespective of his nationality or, in the case of a body corporate, of the law under which it was incorporated and wherever that person or body may be.

(2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 M2 that that person shall not be guilty of an offence.

Marginal Citations

M1 Paragraph 6 of Part III of Schedule 13 to the Civil Aviation Act 1982 authorises the inclusion in an Air Navigation Order of certain extra-territorial provisions.

M2 1948 c. 56. Section 3(1) limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies.