Power to prevent aircraft flying

article 11(2) of The Air Navigation (Noise Certification) Order 1987

Revoked
Strict liability
Transport: maritime, aviation, rail and harbours

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 If the operator or the commander of an aircraft fails without reasonable excuse to comply with
a direction given to him pursuant to paragraph (1) of this article, he shall be guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds: an operator
Conduct: breaching the provision
Fault element: Strict liability
Burden of proof: An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an operator meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

2 If the operator or the commander of an aircraft fails without reasonable excuse to comply with a direction given to him pursuant to paragraph (1) of this article, he shall be guilty of an offence.

What would breach article 11(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

Doing what the provision prohibits, or failing to do what it requires under the Air Navigation (Noise Certification) Order 1987.

Penalty

Mode of trial: Not determined
Maximum fine: Not determined
Maximum prison (summary): Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status: Revoked
Revoked by: The Air Navigation (Noise Certification) Order 1990
Revoked on: 1 August 1990
Made: 18 December 1987
In force from: 1 January 1988
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

This Order revokes and replaces the Air Navigation (Noise Certification) Order 1986. In addition to some minor and drafting amendments the following changes are made— The standards specified in Part V of Schedule 1 which applied to propeller driven aeroplanes with a maximum total weight authorised of 5,700 kg or less are applied to propeller driven aeroplanes with a maximum total weight authorised of 9,000 kg or less which conform to a prototype aeroplane or a derived version in respect of which an application for a certificate of airworthiness was made before 1st January 1988 (article 6(8)(a)). New standards specified in Part VI of Schedule 1 are introduced for propeller driven aeroplanes having a maximum total weight authorised of 9,000 kg or less which conform to a prototype or derived version of an aeroplane in respect of which an application for a certificate of airworthiness was made on or after 1st January 1988. Where an application for a certificate of airworthiness in respect of such an aeroplane is made before 1st January 1993 and the aeroplane is unable to meet the standards specified in Part VI of Schedule 1, the standards specified in Part V of Schedule 1 shall apply (article 6(8)(b)). The standards specified in Parts I, II and IV of Schedule 1 which applied to propeller driven aeroplanes with a maximum total weight authorised of more than 5,700 kg are applied to propeller driven aeroplanes with a maximum total weight authorised of more than 9,000 kg (articles 6(5), (6) and (7)). The standards specified in Part VIII of Schedule 1 which applied to microlight aeroplanes registered in the United Kingdom on or after 1st April 1986 are extended to every other microlight aeroplane (article 6(12)(b)) unless it was registered in the United Kingdom before 1st April 1986 when the standards of Part VII of Schedule 1 apply (article 6(12)(a)). The publication British Civil Airworthiness Requirements Section N — Noise Issue 4 referred to in article 3 can be purchased from the Civil Aviation Authority, Greville House, 37 Gratton Road, Cheltenham, Glos GL50 2BN.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Statutory Instruments, &C Commons · 26 November 1987
Ordered, That the draft Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 1987 be referred to a Standing Committee on Statutory Instruments, &c. That the draft Air Navigation (Noise Certification) Order 1987 be referred to a Standing Committee on Statutory Instruments, &c. That the draft Adoption (Northern Ireland) Order 1987 be referred to a Standing Committee on Statutory Instruments, &c.— [Mr. Durant.]
Civil Aviation Commons · 10 December 1987
That the draft Air Navigation (Noise Certification) Order 1987, which was laid before this House on 23rd November, be approved.— [Mr. Dorrell.]
Air Navigation (Noise Certification) Order 1990 Lords · 19 July 1990
The noble Viscount said: My Lords, this order is intended to replace the Air Navigation (Noise Certification) Order 1987. It is the sixth of its kind. As well as carrying forward the provisions of the previous order, it introduces the terms of a European Community directive on aircraft noise which effectively rules out the addition of further so called chapter 2 aircraft to the fleets of EC member states. As in the…

Other offences in the same instrument

Penaltiesarticle 14(3)
Penaltiesarticle 14(4)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis: the provision says a person is “guilty of an offence”
Confidence: 0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Air Navigation (Noise Certification) Order 1987 Every offence this instrument creates, and its explanatory note
Transport: maritime, aviation, rail and harboursOther offences on the same subject
Offences created in 1987