UK Offence Report

The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013

UK Statutory Instrument 2013 No. 2874 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
6 November 2013
In force from
12 December 2013
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Civil Aviation Act 1982, Her by section 2(2) of the European Communities Act 1972

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order amends the Air Navigation (Single European Sky) (Penalties) Order 2009 (S.I 2009/1735) (the 2009 Order) by adding provisions making it an offence: a to fail to comply with Articles 6, 7, 8, 9.2, 10.2, 11.2 or 11.5 of Commission Regulation (EU) No 255/2010 (OJ L 80, 26.3.2010, p.10) laying down common rules on air traffic flow management which concern obligations on air traffic service units, operators, and airport managing bodies, obligations concerning critical events, consistency between flight plans and airport slots, and monitoring of compliance to air traffic flow management measures; b for a local air traffic flow management unit, when requested by an airport slot coordinator or a managing body of a coordinated airport, to fail to provide the accepted fight plan of a flight operating at that airport, before that flight takes place; and c to fail to comply with an obligation imposed by an implementing rule drawn up under Article 3 of the interoperability regulation (Regulation (EC) No 552/2004; OJ L 96, 31.3.2004, p.26) and listed in Schedule 2 to the Single European Sky (National Supervisory Authority) Regulations 2013 (S.I. 2013/2620). A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale. In addition, this Order replaces reference to Commission Regulation (EC) No 2096/2005 with reference to the superceding Commission Implementing Regulation (EU) No 1035/2011 and updates the numbering in the 2009 Order accordingly. Article 8 requires the Secretary of State to review the operation and effect of the 2009 Order and publish a report within five years after this Order comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it. A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and is annexed to the Explanatory Memorandum which is available alongside this instrument at http://www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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