Air Navigation (Fourth Amendment) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/607 |
| Year | 1993 |
1993 No. 607
CIVIL AVIATION
The Air Navigation (Fourth Amendment) Order 1993
Made 10th March 1993
Laid before Parliament 22th March 1993
Coming into force 1st April 1993
At the Court at Buckingham Palace, the 10th day of March 1993
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than subsection (3)(r)), 61 and 102 of the Civil Aviation Act 19821and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1. This Order may be cited as the Air Navigation (Fourth Amendment) Order 1993 and shall come into force on 1st April 1993.
Amendment of the Air Navigation Order 1989
2. The Air Navigation Order 19892shall be amended as follows:
(1) At the beginning of article 6(1) there shall be inserted “Subject to article 6A of this Order,”.
(2) After article 6 there shall be inserted:
“Issue of police air operator’s certificate
6A.—(1) A flight by an aircraft registered in the United Kingdom in the service of a chief officer of police for any area of the United Kingdom (in this Order called “a police authority”) shall, for the purposes of this Order, be deemed to be a flight for the purpose of public transport and if any passenger is carried the flight shall be deemed to be for the purpose of public transport of passengers, and save as otherwise expressly provided, the provisions of this Order and of any regulations made thereunder shall be complied with in relation to any such flight as if that flight was for the purpose of public transport or public transport of passengers as the case may be.
(2) An aircraft registered in the United Kingdom shall not fly on any flight in the service of a police authority otherwise than under and in accordance with either the terms of an air operator’s certificate granted to the operator of the aircraft under article 6(2) of this Order or the terms of a police air operator’s certificate granted to the operator of the aircraft under paragraph (3) of this article, certifying that the holder of the certificate is competent to secure that aircraft operated by him on flights for the purpose of police operations are operated as safely as is appropriate having regard to the particular purposes of the flight.
(3) The Authority shall grant to any person applying therefor a police air operator’s certificate (in this Order called “a police air operator’s certificate”) if it is satisfied that that person is competent having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the operation of aircraft of the types specified in the certificate shall be as safe as is appropriate when flying on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Authority thinks fit and shall, subject to the provisions of article 66 of this Order, remain in force for the period specified in the certificate.”.
(3) After article 15(3)(b) there shall be added:
“and
(c)
(c) unless in the case of an aircraft to which article 26A of this Order applies, the police operations manual required thereby contains the particulars specified at sub-paragraph (xvii) of Part A of Schedule 10 to this Order.”.
(4) After the proviso to article 19(3)(b) there shall be added:
“Provided further that an aeroplane described in sub-paragraphs (iii), (iv) or (v) which is flying under and in accordance with the terms of a police air operator’s certificate shall not be required to carry two pilots.”.
(5) After article 26(1) there shall be added:
“Provided that this article shall not apply to an aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.”.
(6) After article 26 there shall be inserted:
“Police operations manual
26A.—(1) This article shall apply to aircraft flying, or intended by the operator of the aircraft to fly, under and in accordance with the terms of a police air operator’s certificate.
(2) An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part I and Part II of a police operations manual, Part I of which shall have been approved in respect of the aircraft by the Authority.
(3) (a)
(3) (a) The operator of every aircraft to which this article applies shall:
(i) make available to each member of its operating staff a police operations manual;
(ii) ensure that each copy of the police operations manual is kept up to date;
(iii) ensure that on each flight every member of the crew has access to every part of the police operations manual which is relevant to his duties on the flight.
(b)
(b) Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.
(4) The Authority may approve Part I of the police operations manual for the purposes of this article either absolutely or subject to such conditions as it thinks fit.
(5) (a)
(5) (a) An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Authority a copy of Part II of the police operations manual for the time being in effect in respect of the aircraft.
(b)
(b) Any amendments or additions to Part II of the police operations manual shall be furnished to the Authority by the operator before or immediately after they come into effect:
Provided that where an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously relate, that aircraft shall not fly in the service of a police authority under and in accordance with the terms of a police air operator’s certificate until the amendment or addition has been furnished to the Authority.
(6) Without prejudice to the foregoing paragraphs the operator shall make such amendments or additions to the police operations manual as the Authority may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the...
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