Air Navigation (Second Amendment) Order 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/2160 |
| Year | 1977 |
1977 No. 2160
CIVIL AVIATION
The Air Navigation (Second Amendment) Order 197721stDecember 1977
6thJanuary 1978
1stMarch 1978for the purposes of Articles 3(4), 3(5), 3(6), 3(7) and 3(11)for the purposes of Articles 3(4), 3(5), 3(6), 3(7) and 3(11)1stJuly 1978for all other purposes1stFebruary 1978
At the Court at Buckingham Palace, the 21st day of December 1977
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 8 and 57 of the Civil Aviation Act 1949(a) as amended by section 62(1) of the Civil Aviation Act 1971(b) and of 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 (Second Amendment) Order 1977 and shall come into operation for the purpose of Article 3(2) on 1st March 1978, for the purposes of Articles 3(4), 3(5), 3(6), 3(7) and 3(11) on 1st July 1978 and for all other purposes on 1st February 1978.
Interpretation
2. The Interpretation Act 1889(c) shall apply for the purpose of the interpretation of this Order as it applies for the purpose of the interpretation of an Act of Parliament.
Amendment of Air Navigation Order 1976
3. The Air Navigation Order 1976(d), as amended(e), shall be further amended as follows:—
(1) In Article 25 in paragraph (4) after "this Article" there shall be inserted "Article 39A of".
(a) 1949 c. 67.
(b) 1971 c. 75.
(c) 1889 c. 63.
(d) S.I. 1976/1783 (1976 III, p. 4679).
(e) 1977/1255 (1977 II, p. 3485).
(2) In Article 39 in paragraph (2):
(i) there shall be inserted at the beginning "Except under and in accordance with the terms of an aerial application certificate granted under Article 39A of this Order";
(ii) in paragraph (f) of the proviso thereto the words "agriculture, horticulture, forestry or" shall be deleted.
(3) After Article 39 there be inserted the following new Article:
"Issue of Aerial Application Certificates
39A.—(1) On or after 1st March 1978 an aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2) of this Article.
(2) The Authority may grant to any person applying therefor an aerial application certificate if it is satisfied that that person is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1) of this Article. The certificate may be granted subject to such conditions as the Authority thinks fit including, without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it does not endanger persons or property in the aircraft or elsewhere, and shall, subject to the provisions of Article 58 of this Order, remain in force for the period specified in the certificate.
(3) Every applicant for and holder of an aerial application certificate shall make available to the Authority upon application and to every member of his operating staff upon the certificate being granted an aerial application manual which shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the Authority may require.
(4) For the purposes of this Article "operating staff" has the meaning ascribed to it in Article 25(4) of this Order.".
(4) For the heading to Article 61 there shall be substituted the following—
"Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers".
(5) In Article 61:
(a) in paragraph (1) for "or as a student air traffic controller" there shall be substituted "as a student air traffic controller or as an aerodrome flight information service officer";
(b) in paragraph (a) of the proviso to paragraph (1) after "controller's licence" there shall be inserted "or an aerodrome flight information service officer's licence";
(c) after paragraph (3) there shall be added the following new paragraph: —
"(3A) Every licence to act as an aerodrome flight...
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