The Air Navigation (Restriction of Flying) (Belarusian Aircraft) Regulations 2021

This Statutory Instrument has been published in substitution of the S.I. of the same number, which was originally classified as a local non-print S.I., but should have been classified and published as a printed general S.I.

Statutory Instruments

2021 No. 1475

Civil Aviation

The Air Navigation (Restriction of Flying) (Belarusian Aircraft) Regulations 2021

Made

17th December 2021

Coming into force

18th December 2021

The Secretary of State has decided it is necessary in the public interest to restrict flying in the area specified in regulation 2 by aircraft on scheduled services which are owned, chartered or operated by a person connected with Belarus, or which are registered in Belarus.

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 239 of the Air Navigation Order 2016(1).

Citation and commencement

1.  These Regulations may be cited as the Air Navigation (Restriction of Flying) (Belarusian Aircraft) Regulations 2021 and come into force the day after they are made.

Restricted airspace

2.—(1) Subject to paragraph (2), no aircraft on a scheduled service which is owned, chartered or operated by a person connected with Belarus, or which is registered in Belarus shall fly in United Kingdom airspace, including in the airspace above the United Kingdom’s territorial sea(2).

(2) Paragraph (1) does not apply to any aircraft flying in accordance with the permission of—

(a) the Secretary of State, or

(b) the air traffic control units at Swanwick or Prestwick.

Revocation of Regulations

3.  The Air Navigation (Restriction of Flying) (Belavia) Regulations 2021(3) are revoked.

Grant Shapps

Secretary of State

Department of Transport

17th December 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose restrictions of an emergency nature on the flying in United Kingdom airspace, including in the airspace above the United Kingdom’s territorial sea, by aircraft on scheduled services which are owned, chartered or operated by a person connected with Belarus, or which is registered in Belarus. They are intended to be of temporary duration and will be revoked as soon as it is deemed appropriate to do so.

These Regulations also revoke and replace the Air Navigation (Restriction of Flying) (Belavia) Regulations 2021 (S.I. 2021/657).

In relation to the permission mentioned in regulation 2(2)(a), this can be obtained by contacting the Department of Transport on 0300 330 3000 during the hours of 0830 to 1730 Monday to Friday, emailing [e-mail] outside of these times, or by writing to [e-mail].

(1)

S.I. 2016/765, to which there are amendments not relevant to these Regulations.

(2)

Under section 1 of the Territorial Sea Act 1987 (c. 49) the territorial sea adjacent to the United Kingdom extends up to 12 nautical miles measured from the baselines established by Order in Council. Section 1 was extended by S.I. 1989/482, 1998/2564, 2013/3164, 2014/1353.

(3)

S.I. 2021/657.