PART 23 APPLICABILITY AND GENERAL PROVISIONS

186 Flights over any foreign country
1 The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.
2 A person does not contravene paragraph (1) if that person did not know or suspect that the aircraft was being or was to be used for a purpose referred to in paragraph (1).
3 The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must comply with any directions given by the appropriate aeronautical authorities of that country whenever—
(a) the flight has not been duly authorised; or
(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;
unless the lives of persons on board or the safety of the aircraft would be endangered as a result.
4 A person does not contravene paragraph (3) if that person did not know or suspect that directions were being given by the appropriate aeronautical authorities.
5 The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.
6 In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

187 Application of Order
The provisions of this Order apply to the Territories mentioned in Schedule 6, any one of which is in this Order referred to in the expression “the Territory”.

188 Extra-territorial effect of the Order
1 Except where the context otherwise requires, the provisions of this Order—
(a) insofar as they apply (whether by express reference or otherwise) to aircraft registered in the Territory, apply to such aircraft wherever they may be;
(b) insofar as they apply to other aircraft, apply to such other aircraft when they are within the Territory or on, or in the neighbourhood of, an offshore installation;
(c) insofar 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 Territory, apply to such persons and crew wherever they may be; and
(d) insofar as they prohibit, require or regulate the doing of anything in relation to any aircraft registered in the Territory by other persons, where such persons are Commonwealth citizens or British protected persons, apply to them wherever they may be.
2 Nothing in this article is 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 (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and colonies) that that person shall not be guilty of an offence.
1948 c.56. Section 3 was amended by section 314(2) of, and paragraph 22 of Schedule 13 to, the Merchant Shipping Act 1995 (c. 21) and by section 52(6) of, and Schedule 7 to, the British Nationality Act 1981 (c. 61).

189 Application of the Order to Territory-controlled aircraft not registered in the Territory
1 The Governor may direct that such of the provisions of this Order and of any regulations made or having effect under it as may be specified in the direction shall have effect as if reference in those provisions to aircraft registered in the Territory included references to the aircraft specified in the direction.
2 A direction under paragraph (1) may only specify an aircraft that is not registered in the Territory but which is for the time being under the management of a person who (or of persons each of whom) is qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in the Territory.

190 Application of the Order to the Crown and visiting forces etc.
1 Subject to the following provisions of this article, the provisions of this Order apply to or in relation to aircraft belonging to or exclusively employed in the service of Her Majesty as they apply to or in relation to other aircraft.
2 For the purposes of such application, the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft is deemed to be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to be the owner of the interest of Her Majesty in the aircraft.
3 Nothing in this article renders liable to any penalty any department or other authority responsible on behalf of Her Majesty for the management of any aircraft.
4 Paragraph (5) applies to the naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters
5 Except as otherwise expressly provided, each body and person and any property to which paragraph (4) applies is exempt from the provisions of this Order and of any regulations made under it to the same extent as if it formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory.
6 Except as otherwise provided by paragraph (7), articles 61(3)(a), 69(7), (13) and (14), and 160 and the Rules of the Air, nothing in this Order applies to or in relation to any military aircraft.
7 Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his or her duty as a member of any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters, articles 68, 176, 177, and 178 and the Rules of the Air apply unless, in the case of the Rules of the Air, an aircraft is flown in compliance with Military Flying Regulations or Flying Orders to Contractors issued by the Secretary of State.

191 Exceptions for certain classes of aircraft
Other than articles 3(1) and (4), 8(1)(b), 68(1), 70, 71, 73, 127, 128 and 177, this Order does not apply to or in relation to—
(a) any small balloon;
(b) any kite weighing not more than 2 kg;
(c) any small unmanned aircraft; or
(d) any parachute, including a parascending parachute.

192 Approval for persons to furnish reports
The Governor may approve a person as qualified to provide reports, and may accept such reports, in relation to any of the Governor’s functions under any of the provisions of this Order.

193 Appeal to Supreme Court
1 An appeal lies to the Supreme Court or to such other court as may be prescribed from any decision of the Governor that a person is not a fit person to hold a licence to act as an aircraft maintenance engineer, member of the flight crew of an aircraft, air traffic controller, student air traffic controller or aerodrome flight information service officer, and if the court is satisfied that on the evidence submitted that the Governor was wrong in so deciding, the court may reverse the Governor’s decision and the Governor must give effect to the court’s determination.
2 An appeal does not lie from a decision of the Governor that a person is not qualified to hold the licence by reason of a deficiency in that person’s knowledge, experience, competence, skill, physical or mental fitness.
3 The respondent to any appeal under this article shall be the Attorney General or other principal legal officer of the Government of the Territory.
4 For the purposes of any provision relating to the time within which an appeal may be brought, the Governor’s decision is deemed to have been taken on the date on which the Governor provided a statement of reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

194 Saving
1 Subject to the provisions of articles 155 and 159, nothing in this Order or any regulations made under it confers any right to land in any place as against the owner of the land or other persons interested in the land.
2 Nothing in this Order obliges the Governor to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.