text:
Title, commencement and extent
1
These Regulations may be cited as the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003, extend to Great Britain and come into force on 1st May 2003.
Interpretation
2
1
In these Regulations “relevant ammonium nitrate material” means —
a
ammonium nitrate in solid form, where its nitrogen content is more than 28% of its weight,
b
material in solid form, comprising a mixture of components, one of which is ammonium nitrate, in circumstances where the nitrogen content derived from ammonium nitrate is more than 28% of the material by weight, and
c
for so long as any material is treated as relevant ammonium nitrate material by virtue of regulation 9(3), that material,
where the material has a total weight of five hundred kilogrammes or more, but does not include material which is a classified explosive.
2
In these Regulations —
“batch” means —
in relation to relevant ammonium nitrate material which is neither imported from outside the European Union nor material which is or has been kept in accordance with regulation 7 —
the quantity of that material manufactured in a production run without alteration of composition or characteristics, or
in the case where such a production run lasts for more than 92 days, the quantity of the material manufactured —
in the first 92 day period of the run,
in each subsequent 92 day period of the run, and
in any part of the production run after the final such 92 day period;
in the case of relevant ammonium nitrate material which is imported from outside the European Union and is not and has not been kept in accordance with regulation 7, any quantity of that material consigned to a single importer which is sufficiently homogenous that a 25 kilogramme sample, taken by or in the presence of a sampling body for the purpose of a detonation resistance test, can be regarded as representative of that material; and
in the case of material which is or has been kept in accordance with regulation 7, the quantity contained in a type of that material as therein described;
“classified explosive” means anything which has been assigned to class 1 in accordance with the Classification and Labelling of Explosives Regulations 1983 ;
“competent laboratory” —
means a laboratory which has an accreditation under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation , is based in the European Union, has sufficient equipment, facilities and expertise to conduct a detonation resistance test and is independent from any person having an interest in the outcome of such test, and
before expiry of the transitional stage also includes a laboratory which has applied for such an accreditation, is awaiting the outcome of its application and otherwise falls within sub-paragraph (a);
“detonation resistance certificate” means the original or a guaranteed copy of a certificate issued by a competent laboratory in the English language relating to a detonation resistance test of a sample of relevant ammonium nitrate material which confirms that the tested sample is resistant to detonation as specified and contains at least the other particulars set out in Schedule 1, and such a certificate is valid so long as it is not treated as invalid in consequence of regulation 8;
“detonation resistance test” means a test carried out by a competent laboratory in accordance with Schedule 2;
“guaranteed copy”, in relation to a detonation resistance certificate, means a copy, certified as a true copy of the original by a person who also certifies that he has no interest in the outcome of the detonation resistance test on which the detonation resistance certificate is based;
“identification document” means a document in the English language which contains at least the particulars set out in Schedule 3;
“production run” means a continuous production run except where —
the material produced in the run is —
of the same type,
of a loose bulk density —
which throughout the run does not fall below the density of any sample from it which is subjected to a detonation resistance test by or on behalf of its manufacturer, or
which throughout the run does not fall below a density of 920 kilogrammes per cubic metre, and
produced and intended to be marketed as a fertiliser, and
the production process is —
certified under standard ISO 9001 (quality management system requirements) of the International Organisation for Standardisation , or
before the expiry of the transitional stage, either so certified or in the process of an application for such certification,
in which case it also includes an interrupted production run;
“sampling body” means a body which is accredited under standard ISO 17020 (general criteria for the operation of various types of bodies performing inspection) or ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation , and —
is not an importer, manufacturer or supplier of relevant ammonium nitrate material,
is independent of any person with an interest in manufacture of or trading in any such material, and
has sufficient equipment, facilities and expertise to certify reliably that a sample of relevant ammonium nitrate material of the same specification that has been subjected to a detonation resistance test has been taken from an identifiable batch and is representative of that batch; and
“unique numbered copy”, in relation to a detonation resistance certificate, means a copy of the certificate or of an existing unique numbered copy of the certificate, given by a person supplying relevant ammonium nitrate material to a person who takes delivery of a part or a subdivided part of a batch, to which the supplier has added a unique number and details to indicate the quantity of relevant ammonium nitrate material that is being supplied with that copy.
3
For the purposes of these Regulations —
a
a detonation resistance certificate shall be treated as relating to a batch or part batch if it is based on a detonation resistance test carried out on a sample certified by a sampling body as being representative of the batch or part batch;
b
a sample shall be treated as failing a detonation resistance test if the result of the test is that the sample is capable of detonation under the circumstances of such a test; and
c
the transitional stage expires at the start of the 60th day following the day on which these Regulations come into force.
Manufacture of relevant ammonium nitrate material
3
1
Subject to regulation 10, no person shall manufacture relevant ammonium nitrate material, unless he maintains arrangements in place to ensure that the requirements of paragraphs (2) to (4) are satisfied.
2
A sample certified as being a representative sample by a sampling body from each batch of manufactured relevant ammonium nitrate material must be subjected to a detonation resistance test during or as soon as reasonably practicable after manufacture.
3
Where a representative sample fails a detonation resistance test, or the detonation resistance certificate relating to it ceases to be valid, the manufacturer must —
a
as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent that that fact is within their knowledge), of the measures he will take —
i
to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level,
ii
otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or
iii
to have another sample taken by a sampling body and subjected to a detonation resistance test,
and of the period within which he will take them; and
b
take those measures within that period or, where any notice has been served by the enforcing authority on the manufacturer requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.
4
The manufacturer must ensure that each batch of the material is kept separate and that the detonation resistance certificate clearly identifies the batch to which it relates.
5
Any person who manufactures relevant ammonium nitrate material must retain a detonation resistance certificate relating to each batch and keep a record of the details of the manufacture and disposal of the batch for a period of two years after the last date of disposal of relevant ammonium nitrate material from the batch.
Import of relevant ammonium nitrate material
4
1
Relevant ammonium nitrate material, subject to regulation 10, shall not be imported into Great Britain from within the European Union unless it is accompanied by a detonation resistance certificate relating to a sample certified as being a representative sample by a sampling body for each batch or part batch.
2
Relevant ammonium nitrate material shall not be imported into Great Britain from outside the European Union unless —
a
the material either comprises a single batch or is divided into clearly identifiable batches;
b
it is accompanied by a detonation resistance certificate relating to a sample certified by a sampling body as being a representative sample for each such batch;
c
each such detonation resistance certificate has been issued following a detonation resistance test which has been carried out either —
i
not more than 60 days before the arrival of the material in Great Britain, or
ii
not more than 60 + x days before the material arrives in Great Britain where x represents an excess caused by circumstances beyond the control of the importer; and
d
the importer has sent or caused to be sent, not later than five days before the anticipated date of arrival of the material into Great Britain —
i
a detonation resistance certificate for each batch that is being imported, and
ii
an identification document completed by him relating to the imported material, to the Secretary of State for Environment, Food and Rural Affairs at the Fertiliser Unit, Ergon House, Horseferry Road, London SW1P 2AL, or by electronic communication to ‘ fertilisers@defra.gsi.gov.uk ’ acknowledged by that unit.
3
Relevant ammonium nitrate material shall not be imported into Great Britain unless each batch of relevant ammonium nitrate material imported is kept separate and each detonation resistance certificate clearly identifies the batch to which it relates.
4
No person shall import relevant ammonium nitrate material into Great Britain otherwise than in accordance with the preceding provisions of this regulation.
5
A person who imports relevant ammonium nitrate material into Great Britain must keep for a period of two years after the date of import of any batch a record of the details of that batch or part batch, and —
a
where the material was imported from outside the European Union, an identification document covering it and a detonation resistance certificate relating to it; and
b
where the material was manufactured within the European Union, a detonation resistance certificate relating to it.
Supply of relevant ammonium nitrate material
5
1
Subject to regulation 7 and 10, no person shall supply relevant ammonium nitrate material unless —
a
he complies with the requirements of paragraphs (2) to (7), as qualified by paragraph (8), of this regulation, and
b
if the material is imported, either —
i
it has been imported in accordance with regulation 4 without reliance on regulation 4 (2) (c) (ii), or
ii
it has been so imported in reliance on that provision and has a detonation resistance certificate relating to it on the basis of a representative sample taken by a sampling body after the arrival of the material into Great Britain.
2
If he has imported relevant ammonium nitrate material from outside the European Union and any anticipated particular in any identification document sent in accordance with regulation 4(2)(d)(ii) relating to the material has turned out to be inaccurate, he must, before supplying any of the material to which the document relates to any person, send an updated version of the identification document to the Secretary of State for Environment, Food and Rural Affairs, at the address or by the electronic communication referred to in regulation 4(2)(d), correcting each inaccuracy in its earlier version.
3
He must ensure that —
a
in the case of a whole batch, he is in possession of a valid detonation resistance certificate relating to that batch, and
b
in the case of a tested part of a batch, he is in possession of a unique numbered copy of a valid detonation resistance certificate relating to that part,
and that, where the material has been imported from outside the European Union, he has in his possession an identification document relating to it and a copy of any updated version of that document sent under paragraph (2).
4
He must not supply relevant ammonium nitrate material where it is apparent that the material is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test.
5
When he supplies relevant ammonium nitrate material —
a
if a person is supplied by him with either —
i
a whole batch of that material, or
ii
a part of a batch which has already been divided into parts before it came under his control,
he must ensure that the batch or part batch is accompanied by either a detonation resistance certificate or unique numbered copy detonation resistance certificate relating to it, and
b
if a batch or part batch is divided by him into new parts, he must ensure that each such new part is accompanied by a unique numbered copy detonation resistance certificate issued by him and relating to that new part.
6
Where he divides a batch or part batch into parts in accordance with paragraph (5)(b) for the purpose of supply he must record —
a
details of any unique numbered copy detonation resistance certificates issued by him,
b
the quantity of material supplied with each such unique numbered copy, and
c
the persons to whom such unique numbered copies are given.
7
When he supplies relevant ammonium nitrate material he must ensure that each batch or part batch is kept separate, and that each detonation resistance certificate or unique numbered copy relating to that batch or part batch clearly identifies the material to which it relates.
8
The requirements of paragraphs (5) to (7) shall not apply to the supply of relevant ammonium nitrate material to a final user for use as a fertiliser in packaged form.
9
A person who supplies relevant ammonium nitrate material must keep for a period of two years after the date of the supply a record of the details of the relevant ammonium nitrate material supplied by him with details of —
a
any batch or new part batch which he has supplied,
b
any detonation resistance certificate or unique numbered copy detonation resistance certificate which he has supplied (supported by copies of all of them), and
c
any identification document, if applicable, and any updated version of such a document, if applicable, relating to that material or any of it (supported by copies of all of them).
Keeping of relevant ammonium nitrate material
6
1
Subject to paragraph (2) of this regulation and to regulations 7 and 10, no person shall keep relevant ammonium nitrate material unless he complies with the requirements of paragraphs (3) to (6) of this regulation.
2
This regulation shall not apply to the keeping of relevant ammonium nitrate material by a person —
a
in packaged form for use by him as a fertiliser, or
b
for use by him as an explosive on the premises to which it has been delivered by another person who has not contravened these Regulations in relation to the material, or
c
only for the purpose of transporting it from one destination to another.
3
He must not keep any relevant ammonium nitrate material from a batch or part batch that does not have a valid detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates, unless —
a
he is the manufacturer of the material and he is arranging for it to be subjected to a detonation resistance test in accordance with regulation 3(2) or taking action relating to it in accordance with regulation 3(3), or
b
he is taking action relating to it in accordance with paragraph (4) of this regulation.
4
Where the detonation resistance certificate relating to it ceases to be valid following a subsequent test in accordance with regulation 8, or where it is apparent to the person keeping the material that it is contaminated or is in such poor condition that it might reasonably be expected to fail a detonation resistance test, that person must —
a
as soon as practicable notify the enforcing authority and the Executive of that fact (save to the extent to which that fact is within their knowledge), of the measures he will take —
i
to blend the batch with other suitable material so that the resultant material is not relevant ammonium nitrate material and that the risk of detonation is reduced to an insignificant level, or
ii
otherwise to reduce the risk of detonation of the batch of relevant ammonium nitrate material concerned to an insignificant level, or
iii
to have another sample taken by a sampling body and subjected to a detonation resistance test,
and of the period within which he will take them; and
b
take those measures within that period or, where any notice has been served by the enforcing authority on him requiring alternative measures, a shorter period or both, comply with the requirements in the enforcing authority’s notice.
5
He must ensure that each batch or part batch of relevant ammonium nitrate material is kept separate and (subject to paragraph (3) of this regulation) has a detonation resistance certificate or unique numbered copy which clearly identifies the batch or part batch to which it relates.
6
A person who keeps any batch or part batch of relevant ammonium nitrate material must, so far as he is not covered by the obligation in regulation 5(9), keep, for a period of two years after he ceases to keep any of the material, a record of the details of the batch or part batch together with any detonation resistance certificate and a copy of any unique numbered copy relating to it.
Transitional arrangements relating to the keeping and supplying of existing stocks of relevant ammonium nitrate material
7
1
A person (“Person A”) may continue to keep, and may supply, any relevant ammonium nitrate material that is in his possession at the date when these Regulations come into force, and a person (“Person B”) to whom such material has been supplied may keep it so long as —
a
it is the case that —
i
the material originates from a batch that is accompanied by an existing detonation resistance certificate where a body has taken or supervised the taking of the sample and a competent laboratory has tested that sample no earlier than 1st February 2003, and
ii
the body in question would at the time of taking or supervising the taking of the sample have been a sampling body but for the fact that its application to be accredited as indicated in the definition of “sampling body” had not yet been decided, or
b
the following provisions of this regulation are satisfied.
2
Person A must —
a
keep each type of that material separate and clearly identified, and
b
subject to regulation 9 (4), take a sample no later than the expiry of the transitional stage in accordance with regulation 8 (1) from each type of relevant ammonium nitrate material in his possession and submit each such sample to a detonation resistance test before supplying it to Person B.
3
When a sample is taken in accordance with paragraph (2)(b) and has been submitted for a detonation resistance test and it is awaiting a result of that test, and Person A supplies material from that type to Person B, Person A must —
a
no later than the time of supply —
i
inform Person B that a detonation resistance certificate has not been provided,
ii
explain that a result from the detonation resistance test is awaited, and
iii
notify the enforcing authority and the Executive of the fact that the material is not accompanied by such a certificate, and provide the authority and the Executive with full details of the transaction involving the supply;
b
keep a record of the quantities of the material supplied and the destination of all such supplied material; and
c
if the sample fails the test, immediately notify both the enforcing authority and Person B that the sample has failed the test,
and where a sample has failed the test, a person keeping material from which the sample has been taken must comply with regulation 6(4)(a) and (b).
4
Where a sample of material supplied to Person B has been tested in accordance with paragraph (2)(b) and Person A receives confirmation following the test that the material is resistant to detonation, he must send to Person B either a detonation resistance certificate or, where Person A has supplied the material to more than one person, a unique numbered copy relating to the relevant part of that material.
5
The requirements of paragraphs (3) and (4) shall not apply where Person B receives the relevant ammonium nitrate material in packaged form for end use by him as a fertiliser.
6
For the purposes of this regulation, relevant ammonium nitrate material is of a type if it is of identical specification and composition.
Taking of samples for the purpose of a detonation resistance test
8
1
Where a person keeping relevant ammonium nitrate material has a detonation resistance test performed for the purposes of these Regulations he may either —
a
take a sample of the relevant ammonium nitrate material containing not less than 25 kilogrammes of the material from each batch or part batch in the presence of a sampling body and have the sample certified by that body as being representative of that batch, or
b
allow such a sample to be taken by a sampling body,
and submit the sample to be subjected to a detonation resistance test by a competent laboratory.
2
An inspector may at any time carry out a check of relevant ammonium nitrate material by taking one aggregate sample of not less than 75 kilogrammes of the material from any batch or part batch, and then dividing that sample into three approximately equal parts, each containing not less than 25 kilogrammes, and —
a
submitting one part to be subjected to a detonation resistance test by a competent laboratory;
b
giving a second part to the person regarded by him as the keeper of the material;
c
placing a third part in a store which is appropriate to ensure that the third part is maintained in as constant a condition as is reasonably practicable until such time as it may be required to be submitted to a detonation resistance test by a competent laboratory.
3
Where a detonation resistance test result from the first part taken in accordance with paragraph (2)(a), indicates —
a
that it is not resistant to detonation, and
b
the result of the test on that batch is at variance with a pre-existing detonation resistance certificate or unique numbered copy,
then the earlier certificate (or, as the case may be, the earlier certificate insofar as it relates to the quantity of material covered by the unique numbered copy) will be treated as invalid in accordance with paragraph (5).
4
If paragraph (3) applies in relation to a unique numbered copy relating to material originally derived directly or indirectly from a particular batch, then —
a
where the inspector is of the opinion that the test result might be likely to be replicated in relation to other relevant ammonium nitrate material from the same batch, he may serve a control notice, that is to say notice on any person whom he considers to be keeping the material in circumstances that regulation 6 applies to him —
i
indicating that he is of that opinion and explaining why;
ii
identifying the batch; and
iii
notifying him of the effect of this regulation in relation to suspect material, that is to say material from the batch which he is so keeping;
b
the giving of a control notice shall render invalid the earlier detonation resistance certificate in so far as it relates to the suspect material; and
c
where any person affected by the service of a control notice obtains or has a further detonation resistance certificate in relation to any of the suspect material, that further certificate shall be treated as invalid until he sends the further certificate to the enforcing authority which appointed the inspector under cover of a notification that the further certificate relates to material covered by the control notice.
5
The treatment of a certificate under paragraph (3) as invalid shall —
a
commence on the giving, by an inspector to the person regarded by the inspector as the keeper of the material in question, of notice of the result of the detonation resistance test under paragraph (3)(a), and
b
continue until the competent laboratory referred to in paragraph (2)(c), following service of a counter-notice (requiring a further detonation resistance test), by the regarded keeper on the enforcing authority which appointed the inspector, within 28 days of service of the notice by the inspector on the regarded keeper, notifies the authority that the material in question would be eligible to be covered by a detonation resistance certificate.
6
It shall be the duty of the enforcing authority which appointed the inspector, on receipt of the counter-notice as specified in paragraph (5)(b), to arrange for the third part to be submitted to a detonation resistance test as specified in paragraph (2)(c) as soon as is reasonably practicable, to notify the regarded keeper of where and when and by whom the test is to take place, and to notify the regarded keeper of the results of the test as soon as practicable after it has received those results.
Misdescription of relevant ammonium nitrate material
9
1
No person shall —
a
import,
b
supply, or
c
keep (other than a keeper as a final user for use as a fertiliser),
material which, although being relevant ammonium nitrate material, is described for business purposes as containing a lower proportion of nitrogen than would classify it as such.
2
Where an inspector suspects that any material identified by him might be relevant ammonium nitrate material, but is so described for business purposes, he may take one aggregate sample totalling approximately 3 kilogrammes in weight, which he shall divide into three approximately equal parts of approximately 1 kilogramme each and —
a
submit one such part to an agricultural analyst appointed under section 67 to the Agriculture Act 1970 for him to carry out a test to determine whether it is an relevant ammonium nitrate material;
b
give a second part to the person regarded by him as the keeper of the material; and
c
place a third part in a store which is appropriate to ensure that the third part is maintained in as constant a condition as is reasonably practicable until such time as it may be required to be submitted to an independent test under paragraph (3)(b);
and if the part submitted to the agricultural analyst is determined to be relevant ammonium nitrate material then, as specified in paragraph (3), the identified material shall be treated as relevant ammonium nitrate material.
3
The treatment of material under paragraph (2) as relevant ammonium nitrate material shall —
a
subject to paragraph (4) commence on the giving by the inspector, to the person regarded by the inspector as the keeper of the material in question, of notice of the result of the determination, and,
b
continue until the independent tester, following service of a counter-notice (requiring an independent test), by the regarded keeper on the enforcing authority which appointed the inspector, within 28 days of service of the notice by the inspector on the regarded keeper, notifies the authority that he has determined that the third part is not a part of relevant ammonium nitrate material.
4
Where —
a
a person is, at the date when these Regulations come into force, the keeper, but not the manufacturer, of material that is described for business purposes as indicated in paragraph (1), or
b
where any person receives such material from such a keeper before the expiry of the transitional stage,
and the material is determined before the expiry of the transitional stage on a test under this regulation as being relevant ammonium nitrate material, then the treatment of the material as relevant ammonium nitrate material shall commence immediately following such determination, and the requirements of regulation 7 shall apply with the exception that the sample to be used for a detonation resistance test shall be taken and submitted as soon as reasonably practicable.
5
For the purposes of this regulation —
a
an “independent tester” is a laboratory accredited under standard ISO 17025 (general requirements for the competence of testing and calibration laboratories) of the International Organisation for Standardisation and based in the European Union which has sufficient equipment, facilities and expertise to conduct the independent test under paragraph (3);
b
a “test” is one involving one or more methods specified in the results of a determination which the person making the determination certifies in his communication of the results of his determination as being fit for the purpose of establishing the percentage of nitrogen derived from ammonium nitrate; and
c
it shall be the duty of the enforcing authority which has appointed the inspector, on receipt of the counter-notice specified in paragraph (3)(b), to arrange for the independent test of the third sample as soon as is reasonably practicable, to notify the regarded keeper of details of where and by whom the test is to take place, and to notify the regarded keeper of the results of the test as soon as practicable after it has received those results.
Exemption for relevant ammonium nitrate material for use other than as a fertiliser
10
1
The Executive may, by certificate in writing, grant an exemption to any person from the requirements and prohibitions contained in regulations 3, 4, 5, 6 and 9 apart from any requirement to keep records, if that person has applied for it by notifying the Executive in writing either —
a
that any sample of any relevant ammonium nitrate material which he manufactures, imports, supplies or keeps would be unlikely to pass the detonation resistance test, or
b
that any sample of a particular type of relevant ammonium nitrate material which he manufactures, imports, supplies or keeps, as the case may be, would be unlikely to pass the detonation resistance test.
2
An exemption granted pursuant to paragraph (1) shall be subject to —
a
in a case —
i
covered by paragraph (1)(a), the condition that no such relevant ammonium nitrate material shall be supplied or used by him or on his behalf as a fertiliser; and
ii
covered by paragraph (1)(b), the condition that the particular type of relevant ammonium nitrate material shall not be supplied or used by him or on his behalf as a fertiliser; and
b
any other conditions that the Executive may impose.
3
The Executive may, at any time, by certificate in writing, vary or revoke a certificate granted pursuant to paragraph (1).
4
The Executive shall keep a record of persons who have been granted an exemption under this regulation.
5
A person who has applied to the Executive for an exemption as referred to in paragraph (1), and who is awaiting the result of his application, shall be treated as having the benefit of the exemption applied for, subject to the relevant condition referred to in paragraph (2)(a), up to the earlier of the following —
a
the date at which the exempting certificate is issued, or
b
the expiry of the transitional stage.
Enforcing authorities
11
1
Subject to paragraph (4), in England it shall be the duty of the council of a county (or of a district comprised in an area for which there is no county council), a London Borough Council or the Common Council of the City of London to enforce these regulations within their respective areas.
2
Subject to paragraph (4), in Wales it shall be the duty of each county council and each county borough council constituted under section 3 of the Local Government (Wales) Act 1994 to enforce these regulations within their respective areas.
3
Subject to paragraph (4), in Scotland it shall be the duty of every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 to enforce these regulations within their respective areas.
4
The Executive shall have responsibility for enforcing compliance by any person with any conditions imposed on him by or under regulation 10(2).
Defence of due diligence
12
1
In any proceedings under the Health and Safety at Work etc Act 1974 for an offence for contravention of regulation 4, 5, 6 or 9(1), it shall, subject to paragraphs (2) and (3) below, be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of a third party; and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales;
b
before the immediate diet, where the proceedings are summary proceedings in Scotland; or
c
before the first diet, where the proceedings are solemn proceedings in Scotland,
he has served on the person bringing the proceedings a notice in writing giving such information identifying or assisting in the identification of the third party as was then in his possession.
3
Where a contravention of these Regulations by any person is due to the act or default of the third party, the third party shall be guilty of an offence.
4
In this Regulation, “third party”, in relation to a person charged with an alleged offence means a person who, at the time of the alleged offence —
a
was not an employee of the person charged; and
b
was not a contractor engaged by the person charged to carry out on behalf of the person charged the activity to which the charge relates.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
9th April 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Fuel-testing Pilot Projects (Methanol Project) Regulations 2003 and come into force on 17th July 2003.
Interpretation
2
In these Regulations —
“methanol” means methyl alcohol and includes a mixture containing not less than 83% methyl alcohol;
“the project” means the project described in the Schedule.
Experimental fuel
3
Methanol is an experimental fuel.
Experimental period
4
The experimental period for methanol is 17 July 2003 to 16 July 2008.
Relief
5
On methanol used or to be used for the purposes of the project there shall be allowed relief in the form of a rebate of 100% of the excise duty (subject to any conditions imposed and directions given by the Commissioners).
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
19 June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) (No. 2) (England) Regulations 2003 and shall come into force on 1st October 2003.
2
These Regulations apply to billing authorities in England only.
Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
2
The Council Tax (Administration and Enforcement) Regulations 1992 are amended in accordance with regulations 3 and 4.
Forms of liability order and warrant of commitment
3
1
In regulation 35(1) omit the words —
a
“(in which case the order shall be in the form specified as Form A in Schedule 2, or a form to the like effect)”; and
b
“(in which case the order shall be in the form specified as Form B in that Schedule, or a form to the like effect)”.
2
In regulation 48(1) omit the words “, and shall be in the form specified as Form C in Schedule 2, or in a form to the like effect”.
3
Omit Schedule 2.
Charges connected with distress
4
In Schedule 5
a
in column (2) of the Table to paragraph 1 —
i
in relation to head A (visit where no levy is made), for “£20.00” substitute “£22.50”, and for “£15.00” substitute “£16.50”;
ii
in relation to head E (possession of goods), for “£12.50” substitute “£14.00” and for “£10.00” substitute “£11.00”; and
iii
in relation to head H (prior payment etc. ), for “£20.00” substitute “£22.50”; and
b
in sub-paragraph (1) of paragraph 2 (amounts in respect of levy) —
i
in paragraph (a), for “£20” substitute “£22.50”; and
ii
in paragraph (b), for “20 per cent” substitute “22.5 per cent”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
27th August 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Tax Credits Act 2002 (Commencement No.3 and Transitional Provisions and Savings) Order 2003.
2
In this Order–
“the 2002 Act ” means the Tax Credits Act 2002;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 .
Appointed day
2
The day appointed for the coming into force of–
a
section 1(3)(e) of the 2002 Act (abolition of increases in benefits in respect of children under sections 80 and 90 of the Contributions and Benefits Act);
b
section 60 of, and Schedule 6, to, the 2002 Act, insofar as they repeal the provisions specified in the Schedule to this Order,
is 6th April 2003.
Saving provision
3
1
Notwithstanding the coming into force of the specified provisions, the Contributions and Benefits Act and the Administration Act shall, in cases to which paragraph (2) applies, subject to paragraph (3), continue to have effect from the commencement date as if those provisions had not come into force.
2
This paragraph applies where a person–
a
is entitled to a relevant increase on the day before the commencement date; or
b
claims a relevant increase on or after the commencement date and it is subsequently determined that he is entitled to a relevant increase in respect of a period which includes the day before the commencement date.
3
The provisions saved by paragraph (1) shall continue to have effect until–
a
subject to sub-paragraph (c), where a relevant increase ceases to be payable to a person to whom paragraph (2) applies for a period greater than 58 days beginning with the day on which it was last payable, on the day 59 days after the day on which it was last payable; or
b
in any other case, subject to sub-paragraph (c), on the date on which entitlement to a relevant increase ceases;
c
where regulation 6(19) or (23) of the Social Security (Claims and Payments) Regulations 1987 applies to a further claim for a relevant increase, on the date on which entitlement to that relevant increase ceases.
4
In this article–
“the commencement date” means 6th April 2003;
“a relevant increase” means an increase under section 80 or 90 of the Contributions and Benefits Act;
“the specified provisions” means the provisions of the 2002 Act which are brought into force by article 2.
Transitional application of sections 37 and 39A of the Contributions and Benefits Act
4
For the purposes of the continuing application of sections 37 (widowed mother’s allowance) and 39A (widowed parent’s allowance) of the Contributions and Benefits Act in cases to which article 3(2) applies, those sections shall apply as if the amendments specified in paragraphs 26 and 28 of Schedule 3 to the 2002 Act had not come into force.
Transitional application of section 154 of the Administration Act
5
For the purposes of the continuing application of section 154(2)(c) of the Administration Act in cases to which article 3(2) applies, that section shall apply as if it had not been repealed in Schedule 6 to the 2002 Act and the reference to child benefit in that section shall be treated as including a reference to child tax credit under section 8 of the 2002 Act.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th March 2003
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
27th March 2003


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2003 and shall come into force on 16th December 2003.
Amendment of Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
Requirement for a flight data monitoring programme
3
1
After article 34 there shall be inserted:
Flight data monitoring, accident prevention and flight safety programme
34A
1
The operator of an aircraft registered in the United Kingdom flying for the purpose of public transport shall establish and maintain an accident prevention and flight safety programme.
2
The operator of an aeroplane registered in the United Kingdom with a maximum total weight authorised of more than 27,000 kg flying for the purpose of public transport shall on and after 1st January 2005 include a flight data monitoring programme as part of its accident prevention and flight safety programme.
3
The sole objective of such a programme shall be the prevention of accidents and incidents. It shall not be its purpose to apportion blame or liability. Each programme shall be designed and managed to meet that objective.
2
In Part A of Schedule 12 to the Air Navigation Order 2000, in the column headed “Article of order”, after “34” there shall be inserted “34A” and adjacent thereto in the column headed “Subject matter” there shall be inserted “Requirement for flight data monitoring, accident prevention and flight safety programme”.
Air traffic controller licensing
4
1
After article 88 there shall be inserted:
Duty of person in charge to satisfy himself as to competence of controllers
88A
The holder of an approval under article 88 shall not permit any person to act as an air traffic controller or to act as a student air traffic controller in the provision of the service under the approval unless:
a
such person holds an appropriate licence; and
b
the holder has satisfied himself that such person is competent to perform his duties.
.
2
For articles 92, 93 and 94 there shall be substituted:
Grant and renewal of air traffic controller licences and student air traffic controller licences
92
1
a
Subject to sub-paragraphs (b), (c) and (d) the CAA shall grant licences, subject to any conditions it thinks fit, of any of the classes specified in Part A of Schedule 9 to this Order, authorising an applicant to act as an air traffic controller or a student air traffic controller in the United Kingdom.
b
Before granting a licence the CAA must be satisfied that the applicant is:
i
a fit person to act as such a controller in the United Kingdom, and
ii
qualified by reason of his knowledge, experience, skill and physical and mental fitness to act in the capacity to which the licence relates, for which purpose he shall furnish such evidence and undergo such examinations, assessments and tests (including in particular medical examinations) and undertake such courses of training as the CAA may require of him.
c
Subject to article 81, a licence shall remain in force for the period indicated therein, not exceeding any period specified in Schedule 9 for that licence.
d
If no period is indicated in the licence it shall remain in force, subject to article 81, for the lifetime of the holder.
e
A licence may be renewed by the CAA from time to time upon its being satisfied that the applicant is a fit person and qualified as specified in sub-paragraph (1) (b).
f
A licence shall not be granted to any person who is under the minimum age specified for that licence in Part A of Schedule 9.
g
A licence granted under this article shall not be valid unless the holder has signed it in ink with his ordinary signature.
2
The CAA may include in a licence granted under this article, subject to such conditions as it thinks fit, any of the ratings and endorsements specified in Part B of Schedule 9 to this Order, upon its being satisfied that the applicant is qualified as specified in paragraph (1) (b) (ii) to act in the capacity to which the rating or endorsement relates, and such rating or endorsement shall be deemed to form part of the licence.
3
The holder of a licence shall, upon such occasions as the CAA may require, submit himself for such examinations, assessments and tests (including in particular medical examinations) and furnish such evidence as to his knowledge, experience, competence and skill and undergo such courses of training, as the CAA may require.
Approval of courses, persons and simulators
93
For the purposes of this Part of this Order the CAA may:
a
approve any course of training or instruction;
b
authorise a person to conduct such examinations, assessments or tests as it may specify;
c
approve a person to provide any course of training or instruction; and
d
approve a simulator.
Prohibition of unlicensed air traffic controllers and student air traffic controllers
94
1
Subject to paragraphs (3) and (4), a person shall not act as an air traffic controller or hold himself out, whether by use of a radio call sign or in any other way, as a person who may so act unless he is the holder of, and complies with the terms of:
a
a valid student air traffic controller’s licence granted under this Order and he is supervised in accordance with the privileges of the licence specified in Part A of Schedule 9 to this Order;
b
an appropriate air traffic controller’s licence granted under this Order; or
c
a valid air traffic controller’s licence so granted which is not appropriate but he is supervised as though he were the holder of a student air traffic controller’s licence so granted.
2
A person shall not act as an air traffic controller unless he has identified himself in such a manner as may be notified.
3
A licence shall not be required by any person who, acting in the course of his employment, passes on instructions or advice when instructed to do so by the holder of an air traffic controller’s licence which entitles that holder to give such instructions or advice.
4
A licence shall not be required by any person who acts in the course of his duty as a member of any of Her Majesty’s naval, military or air forces or a visiting force.
Privileges of an air traffic controller licence or a student air traffic controller licence
94A
Subject to article 94B, and to any conditions of the licence granted or renewed under article 92, a licence shall entitle the holder to:
a
perform the functions specified in Section 1 of Part A of Schedule 9 to this Order under the heading ‘Privileges’ and
b
perform the functions of any rating or endorsement included in the licence as specified in Part B of the said Schedule.
Maintenance of validity of ratings and endorsements
94B
1
The holder of an air traffic controller’s licence shall not be entitled to exercise the privileges of a rating or endorsement contained in such a licence unless the licence includes a unit licence endorsement specifying that the rating or endorsement is valid for the aerodrome or place, and the sector or operational position at which, and the surveillance equipment (if any) with which, he so acts.
2
A unit licence endorsement may be entered in a licence either by the CAA or by the holder of an air traffic controller licence which includes an examiner licence endorsement.
Obligation to notify rating ceasing to be valid and change of unit
94C
1
Subject to paragraph (2), when a rating contained in an air traffic controller licence ceases to be valid for a sector or operational position the holder of the licence shall forthwith notify the person who is approved pursuant to article 88 of this Order to provide an air traffic control service for that sector or operational position.
2
When a rating contained in an air traffic controller licence ceases to be valid for a sector or operational position and is not valid for any other sector or operational position the holder of the licence shall notify the CAA and forward his licence to the CAA, or a person approved by the CAA for the purpose, who shall endorse the licence accordingly and return it to the holder.
3
Whenever a person ceases to act as an air traffic controller at a particular unit he shall notify the CAA and forward his licence to the CAA, or a person approved by the CAA for the purpose, who shall endorse the licence accordingly and return it to the holder.
Requirement for medical certificate
94D
1
a
On the basis of the medical examination referred to in article 92(1)(b) and (3), the CAA, or any person approved by it as competent to do so, may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that the applicant or holder of a licence granted or renewed under article 92 has been assessed as fit to perform the functions to which the licence for which he is applying or which he holds relates.
b
The certificate shall, subject to article 81 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
2
The holder of an air traffic controller’s licence shall not act as an air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).
3
The holder of a student air traffic controller’s licence shall not act as a student air traffic controller unless his licence includes a medical certificate issued and in force under paragraph (1).
Appropriate licence
94E
1
A licence shall not be an appropriate licence for the purposes of this Part of this Order unless it includes valid ratings, endorsements and certificates which authorise the holder to provide the type of air traffic control service for the sector or operational position for which it is being provided and with the type of surveillance equipment being used (if any).
2
A rating included in an air traffic controller licence shall not be valid unless the licence contains a unit licence endorsement specifying that the rating is valid for the aerodrome or place and the sector or operational position at which, and the surveillance equipment (if any) with which, the service is to be provided.
Failing exams
94F
A person who, on the last occasion when he was examined, assessed or tested for the purposes of this Part of this Order, failed the examination, assessment or test shall not be entitled to act in the capacity for which that examination, assessment or test would have qualified him had he passed.
Use of simulators
94G
1
No part of any examination, assessment or test undertaken for the purposes of this Part of this Order or Schedule 9 to this Order or any training which has been approved under article 93 shall be undertaken in a simulator unless that simulator has been approved by the CAA.
2
Such an approval shall be in writing and may be granted subject to such conditions as the CAA thinks fit.
Acting as an air traffic controller etc
94H
1
For the purposes of this Part and Schedule 9 to this Order:
a
“to act as an air traffic controller” shall mean the supervision of a student air traffic controller and the unsupervised giving of instructions or advice or both instructions and advice by means of radio signals (whether directly or indirectly via a person acting in accordance with article 94(3) of this Order) to aircraft in the interests of safety; and
b
“to act as a student air traffic controller” shall mean acting as an air traffic controller under the supervision of another person.
.
Consequential amendments to the Air Navigation Order 2000
5
1
In article 129(1):
a
in the definition of ‘Aerodrome control service’ there shall be inserted at the end “or any aircraft transferred from approach control in accordance with procedures approved by the CAA;”;
b
after the definition of ‘Aeronautical radio station’ there shall be inserted:
“Air control” means an aerodrome control service excluding that part of the aerodrome control service provided by ground movement control;
;
c
for the definition of ‘Area control service’ there shall be substituted:
“Area control service” means an air traffic control service for any aircraft which is flying neither in nor in the vicinity of an aerodrome traffic zone;
;
d
after the definition of ‘Granted in accordance with JAR-FCL’ there shall be inserted:
“Ground movement control” means that part of an aerodrome control service provided to an aircraft while it is on the manoeuvring area or apron of an aerodrome;
;
e
in the definition of ‘licence’ before “includes” there shall be inserted “in relation to a flight crew licence;”;
f
after the definition of ‘Obstacle limitation surfaces’ there shall be inserted:
“Offshore service” means an air traffic control service for any aircraft flying to or from offshore oil and gas installations and for other aircraft operating in the vicinity of these aircraft in airspace specified for this purpose in the manual of air traffic services;
“Operational position” means a position provided and equipped for the purpose of providing a particular type of air traffic control service;
;
g
after the definition of ‘Small rocket’ there shall be inserted:
“Special tasks service” means an air traffic control service for any aircraft flying for the purposes of research and development of aircraft, aircraft equipment or aircraft systems and which is not flying in accordance with normal aviation practice and for other aircraft in the vicinity of these aircraft and;
;
h
after the definition of ‘Telecommunication system’ there shall be inserted:
“Terminal control service” means an air traffic control service for any aircraft flying in, departing, or intending to fly within a terminal control area while it is in the terminal control area or any sector adjacent thereto and is specified for this purpose in the manual of air traffic services;
.
2
For Schedule 9 there shall be substituted:
SCHEDULE 9
Article 92
Air Traffic Controllers — Licences, Ratings and Endorsements
PART A: LICENCES
1
Air Traffic Controller Licence
1
Minimum Age and Period of Validity
a
Minimum Age — 20 years
b
No maximum period of validity
2
Privileges
Subject to paragraphs (b) and (c), the holder of the licence shall be entitled to
act as an air traffic controller for any sector or operational position for which a valid rating and unit licence endorsement are included in the licence;
exercise the privileges of an Examiner Licence Endorsement and On the Job Training Instructor Licence Endorsement included in the licence; and
exercise the privileges of a Student Air Traffic Controller licence.
2
Student Air Traffic Controller Licence
1
Minimum Age and Period of Validity
a
Minimum Age — 18 years
b
Period of Validity — 2 years
2
Privileges
The holder of the licence shall be entitled to act as a student air traffic controller under the supervision of another person who is present at the time and who:
is the holder of an air traffic controller’s licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller and
holds an On the Job Training Instructor Licence Endorsement.
PART B: RATINGS, RATING ENDORSEMENTS AND LICENCE ENDORSEMENTS
1
Inclusion of ratings, rating endorsements and licence endorsements
Ratings, rating endorsements and licence endorsements of the classes contained in paragraphs 3 and 4 below may be included in an air traffic controller licence (other than a student air traffic controller licence) granted under article 92 of this Order and, subject to the provisions of this Order and of the licence, the inclusion of a rating, rating endorsement or licence endorsement shall have the consequences respectively specified.
2
Exercise of more than one function
a
Subject to sub-paragraph (b), the holder of an air traffic controller licence which includes ratings of two or more of the types specified in paragraph 3 of this Part of this Schedule shall not at any one time perform the functions specified in respect of more than one of those ratings.
b
The functions of the following ratings may be exercised at the same time:
i
an Aerodrome Control Instrument Rating and an Approach Control Procedural Rating; and
ii
an Aerodrome Control Instrument rating and an Approach Control Surveillance Rating, provided that the holder shall not exercise the functions of any Radar Rating Endorsement, Surveillance Radar Approach Rating Endorsement or Precision Approach Radar Rating Endorsement included in the Approach Control Surveillance Rating.
c
When a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway is being provided under an Approach Control Surveillance Rating, no other function under the Approach Control Surveillance Rating shall be exercised at the same time.
3
Ratings and rating endorsements
1
Aerodrome Control
a
An Aerodrome Control Visual Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an aerodrome control service at an aerodrome with no instrument approach or departure procedures.
b
An Aerodrome Control Instrument Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an aerodrome control service in accordance with the provisions of one or more of the following Rating Endorsements:
i
A Tower Control Rating Endorsement shall entitle the holder to provide an aerodrome control service at an aerodrome where the aerodrome control service is not divided into air control and ground movement control.
ii
A Ground Movement Control Rating Endorsement shall entitle the holder to provide a ground movement control service at an aerodrome where the aerodrome control service is divided into ground movement control and air control.
iii
A Ground Movement Surveillance Control Rating Endorsement shall entitle the holder of a Tower Control Rating Endorsement or a Ground Movement Control Rating Endorsement to use aerodrome surface movement and guidance systems in the provision of an aerodrome control service.
iv
An Air Control Rating Endorsement shall entitle the holder to provide an air control service at an aerodrome where the aerodrome control service is divided into ground movement control and air control.
v
An Aerodrome Radar Control Rating Endorsement shall entitle the holder of an Air Control Rating Endorsement or a Tower Control Rating Endorsement to use radar in the provision of an aerodrome control service to aircraft flying in the vicinity of the aerodrome.
Nothing in this Order shall prevent the holder of an Air Control Rating Endorsement or a Tower Control Rating Endorsement from using an aerodrome traffic monitor in the provision of an aerodrome control service, or prevent the holder of an Air Control Rating Endorsement from using aerodrome surface movement and guidance systems in the provision of an air control service.
2
Approach Control
a
An Approach Control Procedural Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an approach control service, without the use of any surveillance equipment.
b
An Approach Control Surveillance Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an approach control service with the use of surveillance equipment in accordance with the provisions of one or more of the following Rating Endorsements:
i
A Radar Rating Endorsement shall entitle the holder to use radar in the provision of an approach control service except for anything authorised by a specific rating endorsement below.
ii
A Surveillance Radar Approach Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide ground controlled non-precision radar approaches with the use of surveillance radar equipment.
iii
A Precision Approach Radar Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide ground controlled precision approaches using precision radar approach equipment.
iv
A Terminal Control Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a terminal control service.
v
An Offshore Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide an offshore service.
vi
A Special Tasks Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a special tasks service.
3
Area Control
a
An Area Control Procedural Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an area control service without the use of any surveillance equipment except for anything authorised by a specific rating endorsement below.
b
An Oceanic Control Rating Endorsement shall entitle the holder to provide an area control service in the Shanwick Oceanic Control Area.
c
An Area Control Surveillance Rating shall entitle the holder to act as an air traffic controller in the course of the provision of an area control service with the use of surveillance equipment in accordance with the provisions of one or more of the following Rating Endorsements.
i
A Radar Rating Endorsement shall entitle the holder to use radar in the provision of an area control service.
ii
A Terminal Control Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a terminal control service.
iii
An Offshore Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide an offshore service.
iv
A Special Tasks Rating Endorsement shall entitle the holder of a Radar Rating Endorsement to provide a special tasks service.
4
Licence Endorsements
a
An Examiner Licence Endorsement shall entitle the holder to sign a unit licence endorsement in respect of:
i
the air traffic control services that his air traffic controller licence entitles him to provide; or
ii
such other air traffic control services as the CAA may authorise for that holder.
b
An On the Job Training Instructor Licence Endorsement shall entitle the holder to supervise and give operational air traffic control instruction to the holder of a student air traffic controller or air traffic controller licence in relation to an air traffic control service which his air traffic controller licence entitles him to provide.
c
i
A Unit Licence Endorsement specifies the aerodrome or place at which the holder is entitled to exercise the privileges of his licence and the validity of any ratings or rating endorsements or unit licence endorsements included in the licence.
ii
A Unit Licence Endorsement is valid for the period of 12 months from the date of issue or date of renewal.
3
In Schedule 12, Part A, in the column headed “Article of order”, after “87”, there shall be inserted “88A” and adjacent thereto in the column headed “Subject matter” there shall be inserted “Requirement for an approved provider of air traffic services to be satisfied as to competence of air traffic controllers”.
Deletion of references to aerodromes owned or managed by the CAA
6
The following shall be omitted:
a
In article 101(1)(b) “or an aerodrome owned or managed by the CAA,”;
b
In article 102 “(a) any aerodrome owned or managed by it; and”, “(b)” and “;” after the words “Government aerodrome”; and
c
In article 119(2) “or aerodrome owned or managed by the CAA”.
Mandatory reporting of bird strikes
7
After article 117 there shall be inserted:
Mandatory reporting of birdstrikes
117A
1
Subject to the provisions of this article, the commander of an aircraft shall make a report to the CAA of any birdstrike occurrence which occurs whilst the aircraft is in flight within the United Kingdom.
2
The report shall be made within such time, by such means and shall contain such information as may be prescribed and it shall be presented in such form as the CAA may in a particular case approve.
3
Nothing in this article shall require a person to report any occurrence which he has reported under article 117 of this Order or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that article.
4
A person shall not make any report under this article if he knows or has reason to believe that the report is false in any particular.
5
In this article “birdstrike occurrence” means an incident in flight in which the commander of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird.
.
Power to direct aircraft
8
In article 118(1)(a) for “or 60” there shall be substituted “60 or 65(2)”.
Penalty for endangering
9
1
In article 122, after paragraph (6), there shall be inserted:
7
If any person contravenes any provision specified in Part C of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.
.
2
In Schedule 12, Part B, the entries for articles 63 and 64 shall be omitted.
3
In Schedule 12, after Part B, there shall be inserted:
PART C —
PROVISIONS REFERRED TO IN ARTICLE 122(7)
Article of Order Subject Matter
63 Endangering safety of aircraft 64 Endangering safety of persons or property
Carriage of Class B Terrain Awareness and Warning Systems
10
1
In Schedule 4, paragraph 4:
a
in sub-paragraph (11)(a), in the column headed “Circumstances of Flight”, for “on or after 1st October 2001” there shall be substituted “on or after 1st January 2005” and adjacent thereto in the column headed “Scale of Equipment required” for “X(ii)” there shall be substituted “X(ii) or (iii)”.
b
in sub-paragraph (11)(b), in the column headed “Circumstances of Flight”, for “on or after 1st January 2005” there shall be substituted “on or after 1st January 2007” and adjacent thereto in the column headed “Scale of Equipment required” for “X(ii)” there shall be substituted “X(ii) or (iii)”.
2
In Schedule 4, paragraph 5, for Scale X there shall be substituted:
Scale X
Subject to paragraph (iv), a Ground Proximity Warning System being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water.
Subject to paragraph (iv), a Terrain Awareness and Warning System known as Class A, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including excessive closure rate to terrain, flight into terrain when not in landing configuration, excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazard warning function and a visual display.
Subject to paragraph (iv), a Terrain Awareness and Warning System known as Class B, being equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water, including a predictive terrain hazard warning function.
If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.
.
Minor Changes
11
1
In article 4(5) after “chartered” and after “charterer” there shall be inserted “by demise”.
2
In articles 84(3)(c) and 126(4) for “Joint Service Publication 318” there shall be substituted “Joint Service Publication 550”.
3
In article 104(8)(a) for “any public telecommunication system” there shall be substituted “any public electronic communications network”.
4
In article 129(1) “ “Telecommunication system” and “public telecommunication system” have the same meaning as in section 4 and 9(1) of the Telecommunications Act 1984” shall be omitted and after the definition of “Proficiency check” there shall be inserted ““Public electronic communications network” has the same meaning as in section 151 of the Communications Act 2003 ;”
A. K. Galloway
Clerk of the Privy Council