The Air Navigation (Isle of Man) (Amendment) Order 2020

Statutory Instruments

2020 No. 1280

Civil Aviation

The Air Navigation (Isle of Man) (Amendment) Order 2020

Made

11th November 2020

Laid before Parliament

18th November 2020

Coming into force

1st December 2020

At the Court at Windsor Castle, the 11th day of November 2020

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60 and 61 of the Civil Aviation Act 1982(1).

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and commencement

1.  This Order may be cited as the Air Navigation (Isle of Man) (Amendment) Order 2020 and comes into force on the 1st December 2020.

Amendment to the Air Navigation (Isle of Man) Order 2015

2.  The Air Navigation (Isle of Man) Order 2015(2) is amended as follows.

Operational directives

3.  Omit article 13.

Carriage of dangerous goods

4.  Omit article 68.

Small unmanned aircraft

5.  Omit article 97.

Small unmanned surveillance aircraft

6.  Omit article 98.

Air traffic services

7.  Omit articles 100 to 106.

Licensing of air traffic controllers

8.  Omit articles 107 to 123.

Air traffic service equipment

9.  Omit articles 124 and 125.

Mandatory reporting

10.  Omit articles 142 and 143.

Department’s power to prevent aircraft flying

11.  In article 147(2)(a), omit “68,”.

Right of access to aerodromes and other places

12.  In article 152(d), for “article 124” substitute “the Civil Aviation (Air Traffic Services) Order 2020 (SD 2020/0136)”.

Interpretation

13.  In article 167(1), for the definition of “Air traffic service equipment”, substitute—

““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 an air traffic service to an aircraft in flight or on the ground but excluding any public electronic communications network;”.

Air traffic service equipment – records required and matters to which the Department may have regard

14.  Omit Schedule 8.

Information and instructions which must be included in an aerodrome manual

15.  In Schedule 9, in paragraph 7, omit “for complying with article 142 and”.

Air Traffic Controllers – Licences, Ratings, Endorsements And Maintenance Of Licence Privileges

16.  Omit Schedule 10.

Penalties

17.  Schedule 11 is amended as follows—

(a) in Part 1, omit the entries for articles 115(1) and (2), 116, 118, 121, 124(3), 125(1), 125(4), 125(5), 125(8) and 125(9), and 125(10), 125(12) to 125(15);

(b) in Part 2, omit the entries for articles 13(1), 97, 98, 101, 102, 103, 104(3), 105, 107, 124(1), 125(2) and 143; and

(c) in Part 3, omit the entries for articles 68(2), 100, 108, 119, 120 and 142(5) to 142(8).

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

The Air Navigation (Isle of Man) Order 2015 makes provision for the Isle of Man in relation to the registration, marking, airworthiness, equipment, manning, operation, movement and safety of aircraft and the licensing and welfare of flight crew.

The Airports and Civil Aviation Act 1987 (an Act of Tynwald), as amended by the Airports and Civil Aviation (Amendment) Act 2018, now provides enabling powers so that the Isle of Man is able to make its own secondary legislation in relation to civil aviation.

This Order accordingly amends the Air Navigation (Isle of Man) Order 2015 by revoking various articles and making consequential amendments where required. Replacement provisions following this initial phase of revocations can be found in the Civil Aviation (Miscellaneous Provision) Order 2020 (SD 2020/0134), the Civil Aviation (Small Unmanned Aircraft) Order 2020 (SD 2020/0135), the Civil Aviation (Air Traffic Services) Order 2020 (SD 2020/0136), the Civil Aviation (Occurrence Reporting) Order 2020 (SD 2020/0137) and the Civil Aviation (Safe Transport of Dangerous Goods by Air) Order 2020 (SD 2020/0138), the commencement dates of which coincide with the coming into force of this Order.

(1)

1982 c. 16; sections 60 and 61 are extended to the Isle of Man by the Civil Aviation (Isle of Man) Order 2007 (S.I. 2007/614).

(2)

S.I. 2015/870, as amended by S.I. 2016/155 and 2016/765.