Burundi - Economic memorandum (Vol. 1 of 2) : Executive summary
In this Part references to an “airspace change proposal” are to a proposal that—
relates to managed airspace or the flight procedures or air traffic control procedures used within it, and
is of a type that the CAA is required to develop procedures for dealing with by directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA).
The Secretary of State may give a direction to a person involved in airspace change requiring the person to do one or more of the following— (This is subject to subsection (4).)
prepare an airspace change proposal or take steps towards the preparation of an airspace change proposal;
submit an airspace change proposal to the CAA;
take steps to obtain approval to an airspace change proposal that has been submitted to the CAA;
review the operation of an airspace change proposal that has been implemented (having been approved).
For the purposes of this Part, a person is involved in airspace change if the person is—
an air navigation service provider,
an airport operator, or
another person with functions relating to air navigation.
Before giving a direction to a person under subsection (1) the Secretary of State must consult the person.
The Secretary of State may give a direction under subsection (1) only if the Secretary of State considers that the direction will assist in the delivery of the CAA's airspace strategy.
A direction given to a person under subsection (1) may require the person, in doing what the person is directed to do, to—
act in accordance with procedures published by the CAA, and
have regard to guidance published by the CAA concerning those procedures.
A direction given to a person under subsection (1) may—
require the person to do specified things by specified dates;
require the person to keep the CAA informed at specified intervals of the progress being made towards doing what the person is directed to do.
The references in subsection (5) to procedures and guidance published by the CAA are to procedures and guidance published by the CAA in accordance with directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA).
The Secretary of State may give a direction to a person involved in airspace change requiring the person to co-operate with another person involved in airspace change for the purpose of assisting that other person to do one or more of the following— (This is subject to subsection (3).)
prepare an airspace change proposal or take steps towards the preparation of an airspace change proposal;
submit an airspace change proposal to the CAA;
take steps to obtain approval to an airspace change proposal that has been submitted to the CAA;
review the operation of an airspace change proposal that has been implemented (having been approved).
Before giving a direction under subsection (1) the Secretary of State must consult—
the person to whom the direction would be given, and
the person with whom co-operation would be directed.
The Secretary of State may give a direction under subsection (1) only if the Secretary of State considers that the direction will assist in the delivery of the CAA's airspace strategy.
A direction under subsection (1) may require a person to co-operate in such ways as the Secretary of State considers appropriate including by—
providing such information and documents as are reasonably requested by the person with whom co-operation is directed, and
providing that information or those documents in such form (including, in the case of information, by answering questions orally or in writing) as is reasonably requested by the person with whom co-operation is directed.
A direction given to a person under subsection (1) may—
require the person to do specified things by specified dates;
where the direction requires the person to provide such information and documents as are reasonably requested by the person with whom co-operation is directed, require the person to provide the information and documents by such date as the person with whom co-operation is directed reasonably requests;
require the person to keep the CAA informed at specified intervals of the progress being made towards doing what the person is directed to do.
If the person to whom a direction is given considers that a request for information or documents from the person with whom co-operation is directed is not a reasonable request (whether by virtue of what has been requested, the form in which it has been requested or the date by when it has been requested), the person to whom the direction is given may refer the request to the CAA.
If a request is referred to the CAA under subsection (6), the CAA must—
determine whether or not the request is a reasonable request, and
give a notice of the determination to both persons referred to in subsection (6).
A direction under subsection (1) may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.
A direction under section 2 or 3 must be given in writing.
The Secretary of State may vary or revoke a direction under section 2 or 3 by giving a notice to the person to whom the direction was given. (This is subject to subsection (4).)
Before varying a direction under subsection (2) the Secretary of State must consult—
in the case of a direction under section 2, the person to whom the direction was given, and
in the case of a direction under section 3, the person to whom the direction was given and the person with whom co-operation was directed.
The Secretary of State may vary a direction under subsection (2) only if the Secretary of State considers that the direction as varied will assist in the delivery of the CAA's airspace strategy.
The Secretary of State must publish—
a direction under section 2 or 3;
a notice of variation or revocation under subsection (2).
In so far as a direction under section 2 or 3 conflicts with the requirements of a direction under— the direction under section 2 or 3 is to be disregarded.
section 14 of the Aviation Security Act 1982 (directions for purposes of protecting aircraft, aerodromes and air navigation installations against acts of violence),
section 38 of the Transport Act 2000 (directions in interests of national security etc), or
section 93 of the Transport Act 2000 (control in time of hostilities etc),
The Secretary of State may delegate to the CAA the Secretary of State's functions under sections 2 to 4 by giving a notice to the CAA.
In carrying out functions delegated to it under subsection (1), the CAA must have regard to any international obligation of the United Kingdom notified to the CAA by the Secretary of State for the purposes of this Part.
The following provisions of the Civil Aviation Act 1982 are not to apply in relation to functions delegated to the CAA under subsection (1)—
section 4 (general objectives of the CAA);
section 7(1) (Secretary of State's power to prescribe functions not to be performed by a person on the CAA's behalf).
The Secretary of State may revoke a delegation of functions under subsection (1) by giving a notice to the CAA.
The CAA must publish a notice given to it under subsection (1) or (4).
In section 84 of the Civil Aviation Act 1982 (provision by others of information for the CAA and Secretary of State), in subsection (1)—
after paragraph (d) insert—;
after paragraph (iii) insert—
Schedule 1 makes provision for appeals against decisions to give or vary directions under sections 2 and 3.
Schedule 2 makes provision for—
the CAA to enforce directions, and
connected appeals.
In this Part—
an exemption granted under section 4 of that Act, or
An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 2. An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal. An appeal may not be brought under this paragraph without the permission of— In this paragraph “the appropriate court”—
This paragraph applies where a constable has reason to believe that a person (P) aged 18 or over is committing, or has committed, a fixed penalty offence. The constable may give P a fixed penalty notice in respect of the fixed penalty offence if Condition A and Condition B are met. Condition A: the constable believes that P did not, and did not intend to— when committing the fixed penalty offence. Condition B: the constable obtains P's name and address.
This paragraph applies if a person (P) is given a fixed penalty notice in respect of a fixed penalty offence. No proceedings may be instituted for the offence during the 21 day response period. But that prohibition ceases to apply if, during the 21 day response period, P has given notice requesting a hearing in respect of the offence in the manner specified in the fixed penalty notice. P may not be convicted of the offence if P pays the fixed penalty during the 21 day response period. In this paragraph “21 day response period” means the period of 21 days beginning with the day after the day on which the fixed penalty notice is given.
This paragraph applies if, by the end of the 21 day response period, the person (P) given the fixed penalty notice has not— If the fixed penalty notice was issued in respect of an offence committed in England and Wales, the chief officer of police may, in respect of the penalty specified in the fixed penalty notice, issue a registration document. If the fixed penalty notice was issued in respect of an offence committed in Scotland, the chief officer of police must issue a registration document. If the fixed penalty notice was issued in respect of an offence committed in Northern Ireland, the chief officer of police may, in respect of the penalty specified in the fixed penalty notice, issue a registration document. In this Schedule “registration document” means a document which— In this paragraph—
Where the clerk of a court of summary jurisdiction (C) receives a registration document in respect of the penalty specified in a fixed penalty notice given to a person (P), the registration document must be dealt with in accordance with this paragraph. That duty applies whether C receives the registration document under paragraph 8 or 9, this paragraph or paragraph 11. If it appears to C that P resides in the area of the court, C must register the amount of the penalty for enforcement as a fine by that court. If it appears to C that P resides in Scotland but not in the area of C’s court, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to reside. If it appears to C that P resides in England and Wales, C must send the registration document to the designated officer for the local justice area in which P appears to C to reside. If it appears to C that P resides in Northern Ireland, C must send the registration document to the clerk of petty sessions. If the registration document is not dealt with under any of sub-paragraphs (3) to (6), it must be dealt with under sub-paragraphs (8) to (11). If the fixed penalty offence was committed in the area of the court, C must register the amount of the penalty for enforcement as a fine by that court. If the fixed penalty offence was committed in Scotland but not in the area of C’s court, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which the offence was committed. If the fixed penalty offence was committed in England and Wales, C must send the registration document to the designated officer for the local justice area in which the offence was committed. If the fixed penalty offence was committed in Northern Ireland, C must send the registration document to the clerk of petty sessions. If C registers the amount of the penalty for enforcement as a fine under this paragraph, C must give P notice of the registration. The notice must— On the registration of the amount of the penalty for enforcement as a fine by a court of summary jurisdiction, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of a court of summary jurisdiction is to have effect in the case in question as if the amount so registered were a fine imposed by the court of summary jurisdiction on the conviction of P on the date of the registration. The reference in sub-paragraph (14) to any enactment includes any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
In this Schedule—
If a justice of the peace is satisfied that there are reasonable grounds for believing that articles to which this paragraph applies are on any premises, the justice of the peace may issue a warrant authorising a constable to— This paragraph applies to an article if it is— which has been involved in the commission of a relevant unmanned aircraft offence. The power to search conferred by sub-paragraph (1)(a) is only a power to search to the extent that is reasonably required for the purpose of discovering— In England and Wales, sections 15 and 16 of the Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this paragraph. In Northern Ireland, Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (execution of search warrants and safeguards) apply to warrants issued under this paragraph. In Scotland— In the application of this paragraph to Scotland, for each reference to a justice of the peace (except those in sub-paragraph (6)) substitute references to a justice of the peace or a summary sheriff or a sheriff. In the application of this paragraph to Northern Ireland, for each reference to a justice of the peace substitute a reference to a lay magistrate.
In this Schedule “relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025” means an offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025—
regulation 3(5)(a), (h), (i) or (j);
regulation 3(6);
regulation 3(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;
regulation 3(7)(f), (g) or (i);
regulation 3(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.
In this Schedule “Scottish common law prison offence” means— In this paragraph—
The Secretary of State may, by regulations, prescribe offences as fixed penalty offences for the purposes of this Schedule. The Secretary of State may prescribe an offence only if it is— which is triable summarily or triable either way. After article 265F of the ANO 2016 insert— That provision inserted into the ANO 2016 may be amended or revoked as if made by an Air Navigation Order. In this paragraph “Air Navigation Order” means an Order in Council under section 60 of the Civil Aviation Act 1982.
The fixed penalty for a fixed penalty offence is to be prescribed by the Secretary of State by regulations; and where two amounts are specified in accordance with paragraph 3(3), the higher of those amounts must be the prescribed fixed penalty. The fixed penalty prescribed for a fixed penalty offence may not exceed—
Where— R must cause the registration document to be sent to the relevant recipient. If P appears to R to reside in England and Wales, the relevant recipient is the designated officer for the local justice area in which P appears to R to reside. If P appears to R to reside in Scotland, the relevant recipient is the clerk of a court of summary jurisdiction for the area in which P appears to R to reside. If P appears to R to reside in Northern Ireland, the relevant recipient is the clerk of petty sessions. If there is no relevant recipient under any of sub-paragraphs (2) to (4), the relevant recipient is to be determined under sub-paragraphs (6) to (8). If the fixed penalty offence was committed in England and Wales, the relevant recipient is the designated officer for the local justice area in which the offence was committed. If the fixed penalty offence was committed in Scotland, the relevant recipient is the clerk of a court of summary jurisdiction for the area in which the offence was committed. If the fixed penalty offence was committed in Northern Ireland, the relevant recipient is the clerk of petty sessions.
Where the clerk of petty sessions (C) receives a registration document in respect of the penalty specified in a fixed penalty notice given to a person (P), the registration document must be dealt with in accordance with this paragraph. That duty applies whether C receives the registration document under paragraph 8, 9 or 10. If it appears to C that P resides in Northern Ireland, C must register the amount of the penalty for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction. If it appears to C that P resides in England and Wales, C must send the registration document to the designated officer for the local justice area in which P appears to C to reside. If it appears to C that P resides in Scotland, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to C to reside. If the registration document is not dealt with under any of sub-paragraphs (3) to (5), it must be dealt with under sub-paragraphs (7) to (9). If the fixed penalty offence was committed in Northern Ireland, C must register the amount of the penalty for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction. If the fixed penalty offence was committed in England and Wales, C must send the registration document to the designated officer for the local justice area in which the offence was committed. If the fixed penalty offence was committed in Scotland, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which the offence was committed. If C registers the amount of the penalty for enforcement as a fine under this paragraph, C must give P notice of the registration. The notice must— On the registration of any amount in the Order Book of a court of summary jurisdiction by virtue of this paragraph, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court is to have effect in the case in question as if the amount so registered were a fine imposed by that court on the conviction of P on the date of the registration. The clerk of petty sessions must refer the case to a district judge (magistrates’ courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing. Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under sub-paragraph (11)(b). In this paragraph “collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016.
“airspace change proposal” has the meaning given by section 1;
“airspace change proposal” has the meaning given by section 1;
“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.
A person may appeal to the Tribunal against— The appeal may be against one or more of the following— The making of an appeal under this paragraph suspends the effect of the order or the modification (as the case may be) until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.
An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 15. An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal. An appeal may not be brought without the permission of— In this paragraph “the appropriate court”—
The CAA may give an order under this paragraph (an “enforcement order”) to a person if— An enforcement order must— As soon as practicable after giving an enforcement order, the CAA must publish the order.
As soon as practicable after imposing a penalty under paragraph 4, the CAA must— The notice must— In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 8), the notice must specify— As soon as practicable after daily amounts cease to accumulate, the CAA must—
A penalty imposed on a person under paragraph 4 must not consist of or include a daily amount exceeding 0.1% of the person's turnover. A daily amount is payable in respect of each day in a period specified by the CAA in the notice under paragraph 5. A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (4) and (5). The period must begin after the day on which the CAA gives the notice under paragraph 5. The period must end before—
The CAA must prepare and publish a statement of its policy with respect to— The CAA may revise the statement of policy and, if it does so, it must publish the revised statement. When imposing a penalty under this Schedule, or determining the amount of that penalty, the CAA must have regard to the last statement of policy published before the contravention in respect of which the penalty is to be imposed. When preparing or revising a statement of policy, the CAA must consult any persons that it considers appropriate.
A person may appeal to the Tribunal against a penalty imposed on the person under paragraph 4. The appeal may be against one or more of the following— Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Competition and Markets Authority), in paragraph 48(4)(c), after sub-paragraph (iib) insert—.
“direction requirement”, in relation to a person, means any requirement imposed on the person by a direction given under section 2 or 3;
References in this Part to a person involved in airspace change are to be read in accordance with section 2(2).
References in this Part to a notice are to a notice in writing.
Where a person is required to publish something by this Part, the person must publish it in whatever form and manner the person considers appropriate for bringing it to the attention of persons likely to be affected by it.
For section 11 of the Transport Act 2000 substitute—
Omit sections 12 to 18 of that Act.
Schedule 3 to this Act makes provision for appeals against modifications of licence conditions.
Before Schedule 1 to the Transport Act 2000 insert the Schedule A1 (appeals under section 19A) set out in Schedule 4 to this Act.
Chapter 1 of Part 1 of the Transport Act 2000 is amended as follows.
For section 20 substitute—
Omit sections 21 to 24.
For section 25 substitute—
After that section insert—
In section 34 (investigations), for subsections (1) and (2) substitute—
After Schedule A1 (inserted by section 9) insert—
the Schedule B1 (enforcement of duties under section 8 and licence conditions) set out in Schedule 5 to this Act;
the Schedule C1 (information) set out in Schedule 6 to this Act.
Schedule 7 contains amendments that are consequential on sections 9 and 10.
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports is amended as follows.
After Article 10a insert—
In Article 13 (regulations)—
after paragraph 1 insert—;
in paragraph 2, for “Regulations” substitute “ Any other regulations ”.
Schedule 8 makes provision about powers of police officers and prison authorities relating to unmanned aircraft.
Schedule 9 makes provision about powers of police officers relating to requirements in the ANO 2016 and the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284).
Schedule 10 makes provision about fixed penalties for certain offences relating to unmanned aircraft.
Schedule 11 confers powers to make amendment and enforcement regulations.
Except as provided by subsection (2), a disclosure of information under a provision of this Part does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
Nothing in this Part authorises a disclosure of information which—
would contravene the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by this Part are to be taken into account), or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Nothing in this Part limits the circumstances in which information may be disclosed apart from under this Part.
In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraph 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (2)(b) has effect as if it included a reference to that Part.
In this Part—
“subordinate legislation” means any instrument made or to be made—
The CAA may modify or revoke an enforcement order by giving a notice to the person to whom the order was given. The notice under sub-paragraph (1) must give the CAA's reasons for the modification or revocation. As soon as practicable after giving a notice under sub-paragraph (1), the CAA must publish the notice.
The amount of a penalty imposed on a person under paragraph 4 must be the amount that the CAA determines to be— The penalty may consist of either or both of the following— In determining the amount of a penalty, the CAA must have regard, in particular, to any steps taken by the person on whom the penalty is to be imposed for contravening a requirement of an enforcement order towards—
If the CAA withdraws a penalty, the CAA must give a notice to the person on whom the penalty was imposed that includes its reasons for withdrawing the penalty. As soon as practicable after giving a notice under sub-paragraph (1), the CAA must publish the notice.
For the purposes of paragraphs 7 and 8(1), a person's turnover is to be determined in accordance with regulations made by the Secretary of State. Regulations under this paragraph may, in particular, make provision as to—
Section 7 of the Transport Act 2000 (licences: provisions) is amended as follows. Omit subsection (5). After subsection (6) insert—
In the table in Part 2 of Schedule 13 to the Civil Aviation Act 1982, in the entry relating to section 60 (which sets out the Parliamentary procedure applicable to Air Navigation Orders), in the third column, after “section 60(3)(r)” (provision that is subject to affirmative resolution procedure) insert “or makes, under paragraph 1(1) of Schedule 11 to the Air Traffic Management and Unmanned Aircraft Act 2021, provision authorised by paragraph 1(3)(b) or (4)(b) or (c) of that Schedule;”.
Section 10 of that Act (breach of duties or conditions) is amended as follows. In subsection (1), in paragraph (b), for “condition of a licence” substitute “ licence condition ”. In subsection (2), for paragraph (b) substitute—
In section 19 of that Act (modification by order under other enactments), in subsection (1), for “conditions of a licence” substitute “ licence conditions ”.
Section 28 of that Act (power to make air traffic administration order) is amended as follows. In subsection (4), for paragraph (b) substitute—. In subsection (5)— For subsection (7) substitute—
In section 30 of that Act (petitions and orders: supplementary), in subsection (3)(b), for “section 20 above” substitute “ Schedule B1 to this Act ”.
Section 35 of that Act (register) is amended as follows. In subsection (3), in paragraph (c), for “the conditions of a licence” substitute “ licence conditions ”. In that subsection, for paragraph (g) substitute—
Section 40 of that Act (interpretation) is amended as follows. In subsection (1), after paragraph (a) insert—. In that subsection omit paragraph (b). In that subsection, after paragraph (d) insert—. In that subsection, after paragraph (h) insert— For subsection (6) substitute— After subsection (7) insert—
After section 40 of that Act insert—
Section 103 of that Act (orders and regulations) is amended as follows. In subsection (5)— In subsection (6), after “51” insert “ , and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1, ”. In subsection (9), after “section 6” insert “ or 11 ”.
In section 104 of that Act (directions), after subsection (2) insert—
“subordinate legislation” means any instrument made or to be made—
“ANO 2016” means the Air Navigation Order 2016;
A constable may exercise the power conferred by this paragraph if the constable is in a place to which the constable lawfully has access (whether or not it is a place to which the public has access). The constable may search— if Condition A, Condition B or Condition C is satisfied. Condition A is that the constable has reasonable grounds for suspecting that— Condition B is that the constable has reasonable grounds for suspecting that— Condition C is that the constable has reasonable grounds for suspecting that— A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to—
In this Schedule “relevant unmanned aircraft offence” means—
an offence under this Act;
any of these offences under the ANO 2016—
an offence under article 94A(1) or 239(4) of the ANO 2016;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a relevant offence under article 265E(7) of the ANO 2016;
an offence under the law of Scotland which arises under any other provision of the ANO 2016 and relates to unmanned aircraft, except an offence which is triable only summarily;
an offence under any of these provisions—
section 40C(2) or (3) of the Prison Act 1952;
section 34B(2) or (3) of the Prison Act (Northern Ireland) 1953;
section 41 or 41ZA of the Prisons (Scotland) Act 1989;
an offence under regulation 2(2) or 3(2) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025;
a Scottish common law prison offence.
a relevant offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025;
In this Schedule “relevant prison offence” means—
an offence under any of these provisions of the Prison Act 1952—
section 39 (assisting a prisoner to escape);
section 40B (conveyance etc of List A articles into or out of prison);
section 40C (conveyance etc of List B or C articles into or out of prison);
section 40CB (throwing articles into prison);
an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—
section 29(1) (assisting escape from lawful custody);
section 33 (facilitating escape by conveying things into prison);
section 34A (conveyance etc of List A articles into or out of prison);
section 34B (conveyance etc of List B or C articles into or out of prison);
an offence under either of these provisions of the Prisons (Scotland) Act 1989—
section 41 (unlawful introduction of proscribed articles into a prison);
section 41ZA (provision to and use by prisoners of personal communication devices);
a Scottish common law prison offence.
Section 7
“enforcement order” has the meaning given in paragraph 2(1);
A person who is given a direction under section 2 or 3 may appeal to the Tribunal against— The making of an appeal under this paragraph suspends the effect of the direction or the variation (as the case may be) until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.
The CAA may give a notice under this paragraph (a “contravention notice”) to a person if the CAA has reasonable grounds for believing that the person has contravened a direction requirement. A contravention notice must— The CAA may extend the representation period on one or more occasions by giving a notice to the person. If the CAA withdraws a contravention notice, the CAA must give a notice to the person that includes its reasons for doing so. As soon as practicable after giving a notice under sub-paragraph (1), (3) or (4), the CAA must publish the notice. In this Schedule “representation period”, in relation to a contravention notice, means—
The CAA may impose a penalty on a person if the CAA has determined that the person has contravened a requirement of an enforcement order.
A penalty imposed on a person under paragraph 4 must not consist of or include a fixed amount exceeding 10% of the person's turnover.
This paragraph applies if all or part of a penalty imposed on a person under paragraph 4 is not paid within the period allowed for payment under the notice given in respect of the penalty under paragraph 5. The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838. The CAA may recover from the person as a debt due to the CAA— Any sums received by the CAA by way of a penalty or interest under this Schedule must be paid into the Consolidated Fund.
The Tribunal may allow an appeal under paragraph 13 or 14 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds— If the Tribunal allows an appeal under paragraph 13, the Tribunal may set aside or confirm the enforcement order or the modification (as the case may be). If the Tribunal does not allow an appeal under paragraph 13, the Tribunal must confirm the enforcement order or the modification (as the case may be). If the Tribunal allows an appeal under paragraph 14, the Tribunal may— If the Tribunal does not allow an appeal under paragraph 14, the Tribunal must confirm the penalty.
A “fixed penalty notice” is a notice offering the opportunity of the discharge of any liability to conviction of the fixed penalty offence to which the notice relates by payment of a fixed penalty in accordance with this Schedule. A fixed penalty notice must— A fixed penalty notice may specify two amounts under sub-paragraph (2)(c) and specify that, if the lower of those amounts is paid within a specified period of not more than 14 days, that is the amount of the fixed penalty. Where a fixed penalty notice specifies that payment of a fixed penalty may be made by post using a specified method of payment—
The Secretary of State may, by regulations, make— Regulations under this paragraph may amend or repeal provision contained in an Act of Parliament.
Where the designated officer for a local justice area (D) receives a registration document in respect of the penalty specified in a fixed penalty notice given to a person (P) the registration document must be dealt with in accordance with this paragraph. That duty applies whether D receives the registration document under paragraph 8, this paragraph or paragraph 10 or 11. If it appears to D that P resides in the local justice area for which D is the designated officer, D must register the amount of the penalty as a fine in that area by entering it in the register of a magistrates’ court acting in that area. If it appears to D that P resides in any other local justice area in England and Wales, D must send the registration document to the designated officer for that area. If it appears to D that P resides in Scotland, D must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to D to reside. If it appears to D that P resides in Northern Ireland, D must send the registration document to the clerk of petty sessions. If the registration document is not dealt with under any of sub-paragraphs (3) to (6), it must be dealt with under sub-paragraphs (8) to (11). If the fixed penalty offence was committed in the local justice area for which D is the designated officer, D must register the amount of the penalty as a fine in that area by entering it in the register of a magistrates’ court acting in that area. If the fixed penalty offence was committed in any other local justice area in England and Wales, D must send the registration document to the designated officer for that area. If the fixed penalty offence was committed in Scotland, D must send the registration document to the clerk of a court of summary jurisdiction for the area in which the offence was committed. If the fixed penalty offence was committed in Northern Ireland, D must send the registration document to the clerk of petty sessions. If D registers the amount of the penalty as a fine under this paragraph, D must give P notice of the registration. The notice must— On the registration of the amount of the penalty as a fine under this paragraph, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of a magistrates’ court is to have effect in the case in question as if the amount so registered were a fine imposed by the magistrates’ court on the conviction of P on the date of the registration. Accordingly, in the application by virtue of this paragraph of the provisions of the Magistrates’ Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates’ court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates’ court by virtue of this paragraph.
For the purposes of this Schedule, where a fixed penalty notice is given to a body corporate, the place where that body resides and the address of that body are the registered or principal office of that body. Nothing in this Schedule authorises a fixed penalty notice to be given in respect of the commission of a fixed penalty offence if, by virtue of any immunity of the Crown, no liability to a penalty for commission of the offence would arise.
The Secretary of State may, for the purpose of securing compliance with any relevant legislation, make regulations providing— The power conferred by sub-paragraph (1)(a) does not include power— The power conferred by sub-paragraph (1)(b) does not include power to authorise the imposition of a civil penalty of an amount that exceeds the amount of a fine at level 4 on the standard scale. Where regulations under this paragraph make provision for the imposition of a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty. The provision that may be made under sub-paragraph (4) includes provision— The provision referred to in sub-paragraph (5)(e) includes provision conferring on the court or tribunal to which an appeal is made power— This paragraph does not limit the provision that may be made in an Air Navigation Order. In this paragraph “relevant legislation” means—
The Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds— If the Tribunal allows the appeal, the Tribunal may set aside or confirm the direction or the variation (as the case may be). If the Tribunal does not allow the appeal, the Tribunal must confirm the direction or the variation (as the case may be). When deciding an appeal against a decision made by the CAA, the Tribunal must have regard to any international obligations which the CAA is required to have regard to under section 5(2).
In this Schedule—
“contravention” means a failure to comply and related expressions are to be interpreted accordingly;
“contravention notice” has the meaning given in paragraph 1(1);
“contravention notice” has the meaning given in paragraph 1(1);
“enforcement order” has the meaning given in paragraph 2(1);
Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows. In subsection (2), in paragraph (a), for “serious crime” substitute— . After subsection (2AA) insert— After subsection (2AB) insert— After subsection (2AC) insert— After subsection (2AD) insert— In subsection (3), after paragraph (aa) insert—. In subsection (3), after paragraph (da) insert—. In subsection (3), after paragraph (db) insert—. In subsection (3), after paragraph (dc) insert—. After subsection (4) insert— In subsection (5), after paragraph (ee) insert—. In subsection (5), after paragraph (ha) insert—. In subsection (5), after paragraph (hb) insert—. In subsection (5), after paragraph (hc) insert—. In subsection (6), after paragraph (cb) insert—. In subsection (6), after paragraph (cba) insert—. In subsection (6), after paragraph (cbb) insert—. In subsection (6), after paragraph (cbc) insert—. After subsection (7) insert—
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide such evidence as the constable considers reasonable of P's compliance, as respects the unmanned aircraft and the flight, with a relevant registration requirement. In this paragraph “relevant registration requirement” has the same meaning as in paragraph 2. P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide, as respects the unmanned aircraft and the flight, such evidence as the constable considers reasonable of a relevant consent. In this paragraph “relevant consent” means a permission, operational authorisation, LUC, authorisation or certification required by, or referred to in P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A person commits an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The power to make Air Navigation Orders includes power to make any amendment of this Act which is authorised by sub-paragraph (3) or (4). The Secretary of State may by regulations make any amendment of this Act which is authorised by sub-paragraph (3) or (4). The Order in Council or regulations may make such amendments of Schedule 8 as the appropriate authority considers appropriate for or in connection with— The Order in Council or regulations may make such amendments of section 14 and Schedule 9 as the appropriate authority considers appropriate for or in connection with— For the purposes of sub-paragraph (4)(c) each of the following police powers “corresponds to a power conferred by Schedule 9 as enacted”— The provision that may be made under sub-paragraph (4)(c) in connection with conferring a police power includes— In this paragraph—
Section 94 of the Police Act 1997 (authorisations given in absence of authorising officer) is amended as follows. In subsection (1)— In subsection (1), after paragraph (ba) insert—. In subsection (1), after paragraph (bb) insert— In subsection (2), after paragraph (dd) insert—. In subsection (2), after paragraph (fa) insert—. In subsection (2), after paragraph (fb) insert—. In subsection (2), after paragraph (fc) insert—. In subsection (4), after paragraph (b) insert—. In subsection (4), after paragraph (ba) insert—. In subsection (4), after paragraph (bb) insert— After subsection (4) insert— After subsection (4A) insert— After subsection (4B) insert—
In this Schedule “the Tribunal” means the Competition Appeal Tribunal.
Section 7
Section 9
After section 19 of the Transport Act 2000 insert—
Section 9
This Schedule sets out the new Schedule A1 to the Transport Act 2000, to be inserted before Schedule 1 to that Act—
Section 10
This Schedule sets out the new Schedule B1 to the Transport Act 2000, to be inserted after Schedule A1 to that Act (inserted by section 9 above)—
Section 10
This Schedule sets out the new Schedule C1 to the Transport Act 2000, to be inserted after Schedule B1 to that Act (inserted by section 10 above)—
Section 11
Section 13
“the CAA's airspace strategy” means the strategy and plan (taken together) for the use of managed airspace that the CAA is required to prepare and maintain by directions given (from time to time) under section 66 of the Transport Act 2000 (air navigation directions given by the Secretary of State to the CAA);
A constable may exercise the power conferred by this paragraph if the constable has reasonable grounds for believing that a flight by an unmanned aircraft is taking place. The constable may require a person to ground the aircraft if— A person is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A constable may if necessary use reasonable force for the purpose of exercising a power conferred by this Schedule. In England and Wales, section 22(1) to (4) and (7) of the Police and Criminal Evidence Act 1984 (retention) apply to anything seized under this Schedule. In Northern Ireland, Article 24(1) to (4) and (7) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (retention) apply to anything seized under this Schedule. Sub-paragraphs (5) and (6) apply in relation to Scotland. Anything seized under this Schedule may be retained for as long as is necessary in all the circumstances and in particular— An item may not be retained for either of the purposes mentioned in sub-paragraph (5) if a photograph or a copy would be sufficient for that purpose. The powers conferred by this Schedule are in addition to any power otherwise conferred.
In this Schedule “relevant offence under article 265E(7) of the ANO 2016” means an offence under article 265E(7) of the ANO 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of the ANO 2016—
article 265E(2)(a)(vi), (vii) or (viii);
article 265E(2)(b)(ix), (x) or (xi);
article 265E(5)(a);
article 265E(6).
In this Schedule— A reference in this Schedule to a provision of subordinate legislation (whenever the reference is passed or made) is a reference to that provision as it has effect from time to time. Sub-paragraph (2) is subject to any contrary provision made in subordinate legislation.
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide such information as the constable considers reasonable as to the identity of— In this paragraph “relevant registration requirement” means a requirement imposed by, or referred to in — P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable has reasonable grounds for believing that— The constable may require P to provide such information, documentation or evidence that is of a specified description as the constable considers reasonable. In this paragraph “specified description” means a description specified by the Secretary of State by regulations for the purposes of this paragraph. Regulations under this paragraph that specify a description of information, documentation or evidence may provide for conditions that must be met before a constable may require P to provide information, documentation or evidence that is within that description. P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A constable may require a person in possession of an unmanned aircraft to allow the constable to inspect it if the constable considers that the inspection would assist the constable in deciding whether a power conferred by any of paragraphs 1 to 7 is exercisable. A constable may if necessary use reasonable force for the purpose of exercising the power conferred by this paragraph. A person who fails to comply with a requirement imposed under this paragraph is guilty of an offence. A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this Schedule the following expressions have the same meanings as in the ANO 2016 (see Schedule 1 to the ANO 2016)— “ remote pilot ”; “ UAS operator ”. A reference in this Schedule to a provision of subordinate legislation (whenever the reference is passed or made) is a reference to that provision as it has effect from time to time. Sub-paragraph (2) is subject to any contrary provision made in subordinate legislation.
a licence granted under section 6 of that Act;
Section 14
the United Kingdom, and
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide such evidence as the constable considers reasonable of P's compliance, as respects the unmanned aircraft and the flight, with a relevant competency requirement. In this paragraph “relevant competency requirement” means a requirement imposed by, or referred to in — P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide such information as the constable considers reasonable as to the identity of the person or persons who are or were the remote pilot or remote pilots of the unmanned aircraft for the flight. In this paragraph “relevant competency requirement” has the same meaning as in paragraph 1. P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— The constable may require P to provide, as respects the unmanned aircraft and the flight, such evidence as the constable considers reasonable of an ANO exemption. In this paragraph “ANO exemption” means an exemption under article 266 of the ANO 2016. The evidence which a constable may require a person to provide under this paragraph includes evidence of the applicability of an ANO exemption to a person, or the unmanned aircraft, as respects the flight. P is guilty of an offence if— A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Paragraph 10 includes a defence to the offence under this paragraph.
A person (P) may comply with a requirement imposed by a constable under any of paragraphs 1 to 7 by providing what the constable required at a police station specified by P at the time when the constable imposed the requirement (the “nominated police station”)— It is a defence for a person charged with an offence under any of paragraphs 1 to 7 in respect of a failure to comply with a requirement imposed by a constable to prove that it was not reasonably practicable to provide what the constable required at the nominated police station before the day on which the proceedings were commenced. For that purpose, the proceedings against a person for an offence are commenced when—
In this Schedule— and a reference to the UK Basic Regulation, the UK Delegated Regulation or the UK Implementing Regulation is to that Regulation as it forms part of domestic law on and after IP completion day and as amended from time to time.
“Air Navigation Order” means an Order in Council under section 60 of the Civil Aviation Act 1982;
“contravention” means a failure to comply and related expressions are to be interpreted accordingly;
“UK Delegated Regulation” means Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems;
Section 15
Section 16
“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.
A power to make regulations under any provision of this Act includes power to—
make different provision for different purposes or areas;
confer functions on the Secretary of State or any other person;
make consequential, supplementary, incidental, transitional or saving provision.
Regulations under this Act are to be made by statutory instrument.
A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
regulations under paragraph 12 of Schedule 2;
the first regulations to be made under paragraph 2 of Schedule 10;
the first regulations to be made under paragraph 5 of Schedule 10;
regulations under paragraph 6 of Schedule 10 which contain provision amending or repealing provision contained in an Act of Parliament;
regulations under paragraph 1(2) of Schedule 11 that make provision authorised by paragraph 1(3)(b) or (4)(b) or (c) of that Schedule;
regulations under paragraph 3(1)(a) of Schedule 11.
Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
This section does not apply to regulations under section 21.
This Act extends to England and Wales, Scotland and Northern Ireland, except that section 12 (airport slot allocation) extends to England and Wales and Scotland only.
The following provisions come into force on the day on which this Act is passed—
sections 7(2) and 13 to 15 and Schedules 2 and 8 to 10, but only for the purpose of making regulations;
section 12;
section 16 and Schedule 11;
sections 17 and 18;
this Part.
Section 14 and Schedule 9 come into force for all other purposes at the end of the period of two months beginning with the day on which this Act is passed.
Except as provided by subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (5) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Air Traffic Management and Unmanned Aircraft Act 2021.