UK Offence Report

Contravention of The Air Navigation (Fourth Amendment) Order 1999

the instrument as a whole of The Air Navigation (Fourth Amendment) Order 1999

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

61 of the Civil Aviation Act 1982. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

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 a person 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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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.

  1. Doing what the provision prohibits, or failing to do what it requires under the Air Navigation (Fourth Amendment) Order 1999.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 61 of the Civil Aviation Act 1982.

the penalty is in the parent Act, not in this instrument.

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.

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
Status not determined
Made
13 April 1999
In force from
14 May 1999
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order further amends the Air Navigation (No. 2) Order 1995. In addition to minor and drafting amendments, the following changes are made: Responsibilities in respect of airworthiness, radio equipment, radio licensing and flight crew licensing in connection with an aircraft may be discharged by the State of the operator of that aircraft rather than its State of registration in certain circumstances pursuant to Article 83 bis of the Chicago Convention (article 3). An airborne collision avoidance system which meets specified requirements must be carried by an aircraft flying in specified airspace within the United Kingdom (article 4). A flying display is defined. A person organising a flying display is termed a flying display director and must obtain permission of the Civil Aviation Authority. A pilot in a flying display must hold an appropriate pilot display authorisation granted by the Civil Aviation Authority or by the competent authority of a Member State of the Joint Aviation Authorities (article 5). Flight time, for the purpose of flight time limitation schemes, now includes time spent as the member of the crew of a military aircraft except for small aircraft operated under the auspices of the Royal Air Force Air Cadet Organisation (article 6). If a flight information service officer does not provide a service at a particular aerodrome or area control centre throughout a period of 90 days, the licence shall cease to be valid for that aerodrome or area control centre (article 7(2)). A flight information service includes the granting or refusing of permission to an aircraft to taxi on the apron or the manoeuvring area of an aerodrome or to a vehicle or person to go on the manoeuvring area of an aerodrome (article 7(8)). A serious incident is required to be notified to the Chief Inspector of Air Accidents and is not a reportable occurrence under the Order (article 8).

Read the full note and every offence in this instrument

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 0.54.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.54 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