10. In Schedule 1 (interpretation)—
(a)in paragraph 1, for the definition of “Microlight aeroplane”, substitute—
““Microlight aeroplane” has the meaning given in paragraph 4;”;
(b)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 maximum take-off mass not exceeding—
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);
330kg for an amphibian or floatplane; or
315kg for a landplane equipped with an airframe mounted total recovery parachute system; and
a stalling speed, or minimum steady flight speed in the landing configuration, at the maximum take-off mass not exceeding 35 knots calibrated airspeed.”;
(c)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.”.