in paragraph 1, for the definition of “Microlight aeroplane”, substitute—

““Microlight aeroplane” has the meaning given in paragraph 4;”;

in paragraph 1, after the definition of “Service Provision Regulation” insert—

““Single-seat deregulated aeroplane” means a non-Part 21 aircraft, other than an unmanned aircraft, which is designed to carry not more than one person, which has—

(a)

a maximum take-off mass not exceeding—

1. (i)

   300kg for a landplane (or 390kg for a landplane of which at least 51% was built by an amateur, or non-profit making association of amateurs (“the association”), for the amateur or the association’s own purposes and without any commercial objective, in respect of which a permit to fly issued by the CAA was in force prior to 1st January 2003);

2. (ii)

   330kg for an amphibian or floatplane; or

3. (iii)

   315kg for a landplane equipped with an airframe mounted total recovery parachute system; and

(b)

a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed.”;

after paragraph 3, insert—

“4.

(1)

“Microlight aeroplane” means an aircraft described in sub-paragraph (2), (3), (4) or (5).

(2)

An aircraft is a microlight aeroplane if it is a non-Part 21 aircraft, other than an unmanned aircraft, that is designed to carry not more than two persons, which—

(a)

has a stalling speed, or maximum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed; and

(b)

has a maximum take-off mass not exceeding—

(i)

450kg for a two-seat landplane;

(ii)

495kg for a two-seat amphibian or floatplane; or

(iii)

475kg for a two-seat landplane equipped with an airframe mounted total recovery parachute system.

(3)

An aircraft is a microlight aeroplane if it is a non-Part 21 aircraft, other than an unmanned aircraft, that is designed to carry not more than two persons, which—

(a)

is of an approved design;

(b)

either has, or has been subsequently modified to have, a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 45 knots calibrated airspeed; and

(c)

either has, or has been subsequently modified to have, a maximum take-off mass not exceeding—

(i)

600kg for a landplane; or

(ii)

650kg for an amphibian or floatplane.

(4)

An aircraft is a microlight aeroplane if it is a single-seat deregulated aeroplane.

(5)

An aircraft is a microlight aeroplane if it is being flown, or is intended to be flown, for the purpose of a flight test to establish that it complies with the requirements of sub-paragraph (2), (3) or (4).

(6)

For the purposes of sub-paragraph (3)(a), an “approved design” is a design which is approved by the CAA for the purposes of the issue of a permit to fly under article 40.”.