The Air Navigation (Amendment) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Air Navigation Order 2016 (S.I. 2016/765) (“the 2016 Order”).

Article 5 provides for flight restriction zones around space sites and certain installations at sea by inserting a new article 94BA into the 2016 Order and article 3 makes a consequential amendment. In addition, article 5 amends article 96 of the 2016 Order to (i) remove from its scope rockets regulated under the Space Industry Act 2018, (ii) remove the requirement for a rocket operator to seek permission from the CAA where the rocket’s purpose is commercial and (iii) add a requirement for operators of large rockets seeking permission from the CAA under article 96 to provide a safety case and have in place adequate insurance.

Article 6 amends article 162 of the 2016 Order to reflect changes to the retained Commission Regulation (EU) No 2011/1178 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 2016/2008 of the European Parliament and of the Council, regarding use of medical declarations on Part 21 aircraft. Article 8 creates a new requirement to notify the CAA of en-route obstacles, and to update the CAA of relevant changes.

Article 9 makes a small amendment to correct a reference in article 265E(6) of the 2016 Order to align with a term defined in paragraph 1 of Schedule 1 to the 2016 Order.

Article 10 amends paragraph 1 of Schedule 1 to the 2016 Order to change the definition of “microlight aeroplane” to reflect new weight and performance limits and to insert a new definition of “single-seat deregulated aeroplane”. Articles 4 and 11 make consequential amendments.

Article 12 amends Schedule 13 to the ANO 2016 to provide for new penalties in relation to flight restriction zones of protected space sites and en-route obstacles in consequence of the insertion of new articles 94BA and 225A into the 2016 Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sector is foreseen. An Explanatory Memorandum has been published alongside this Order and is available at www.legislation.gov.uk.