UK Offence Report

Penalties

article 21(4) of The Air Navigation (Environmental Standards) Order 2002

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

4 If any person contravenes articles 4(2), 8(2), 9(2), 10(2), 17, 18(2) or

20 he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding the statutory maximum.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses intentionally, with intent to; which element that governs was not determined.

What would breach article 21(4)?

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 the thing the provision prohibits under the Air Navigation (Environmental Standards) Order 2002, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
Revoked
Revoked by
The Air Navigation (Environmental Standards For Non-Part 21 Aircraft) Order 2008
Made
26 March 2002
In force from
Not determined
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 note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order revokes and replaces the Air Navigation (Noise Certification) Order 1990, the Air Navigation (Aircraft and Aircraft Engine Emissions) Order 1986 and the Air Navigation (Aeroplane and Aeroplane Engine Emission of Unburned Hydrocarbons) Order 1988. It consolidates existing UK legislation on noise certification for supersonic aeroplanes, microlight aeroplanes and helicopters and aircraft emissions certification (dealing with fuel venting and emissions of smoke, unburned hydrocarbons, carbon monoxide and oxides of nitrogen) into one document, harmonises certain applicability dates with those in Annex 16 to the Convention on International Civil Aviation 1944, implements in United Kingdom legislation the most recent provisions in Annex 16 relating to carbon monoxide (CO) and oxides of nitrogen (NOx) and introduces new standards for the noise certification of certain helicopters and microlight aeroplanes. The Order continues: to require all microlight aeroplanes and specified supersonic aeroplanes and helicopters taking off and landing in the United Kingdom to have a valid noise certificate (unless flying in accordance with certain conditions set out in Part A of Schedule 3 to the Air Navigation Order 2000 or taking off or landing in a prescribed place) (article 4). to define the circumstances under which a noise certificate can be issued and its period of validity (article 5). to provide for the CAA, after consultation with the Secretary of State to issue exemptions from the noise certification requirements (article 7). to require that specified aircraft shall not land or take off in the United Kingdom unless certified as complying with prescribed standards relating to fuel venting (article 8). to require that specified aircraft shall not land or take off in the United Kingdom unless its engines are of a type which have been certified as complying with prescribed standards relating to smoke emissions and the emission of unburned hydrocarbons (articles 9 and 10). to except from the requirement to have emissions certification aircraft flying in accordance with certain conditions set out in Part A of Schedule 3 to the Air Navigation Order 2000 or aircraft taking off or landing in a prescribed place (article 12). to provide for the CAA after consultation with the Secretary of State to issue exemptions from the restrictions described in 3(iv) and 3(v) above and 4(v) below (article 13). to require the noise certificate to be carried and produced when required and make failure to do so an offence (article 14). to set out the offences in relation to noise certificates and emissions certification and the powers of the CAA relating to prevention (articles 17, 18 and 19). to set out the penalties for contravening the Order and the liabilities of offenders (articles 21 and 22). to set out the applicability of the Order to the Crown and visiting forces (article 23). to provide for the Order to have effect on aircraft registered in the United Kingdom wherever they are, on aircraft in the United Kingdom wherever they are registered, on the commanders of United Kingdom registered aircraft wherever they are and, in relation to any United Kingdom registered aircraft, any person being a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland wherever they are (article 24). The Order introduces new requirements as follows. The Order: prescribes new noise certification standards for specified helicopters being those contained in the July 1993 Edition of Volume I of Annex 16 to the Chicago Convention as amended by Amendment 6 dated 4th November 1999 (articles 4 and 5 and Schedule 2). prescribes new noise certification standards for microlight aeroplanes (articles 4 and 5 and Schedule 3), which are defined in Article 3. introduces the requirement that the flight manual of any aircraft first registered in the United Kingdom on or after 1st August 1986 (other than microlight aeroplanes) which require a noise certificate shall include the appropriate noise levels at the approved take off and landing weights (article 6). prescribes new standards in respect of smoke emissions and unburned hydrocarbons being those in Volume II of the July 1993 Edition of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4th November 1999, Supplement dated 31st December 1994 and amendment to Supplement dated 25th March 1999 (articles 9 and 10). introduces the requirement that specified aeroplanes shall not land or take off in the United Kingdom unless certified as complying with prescribed standards for emissions of carbon monoxide and oxides of nitrogen being those in Volume II of the July 1993 Edition of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4 November 1999, Supplement dated 31st December 1994 and amendment to Supplement dated 25th March 1999 (article 10). introduces a power of exemption from the requirements relating to nitrogen oxide (article 10). provides for the acceptance by CAA of reports from approved persons (article 25). tabulates the types of aircraft to which Part II of the Order applies and the dates from which the relevant standards in Volume I of Annex 16 became applicable (Schedule 2). Copies of Annex 16 to the Convention on International Civil Aviation (Volume 1—Aircraft Noise, 3rd edition and Volume II—Aircraft Engine Emissions, 2nd edition, both published in July 1993 by the International Civil Aviation Organisation) may be obtained from documedia Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG. A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department of Transport, Local Government and the Regions, Aviation Environmental Division, Zone 2/27 Great Minster House, 76 Marsham Street, London SW1P 4DR (Tel: 020 7944 4876 and Fax: 020 7944 2192). Copies are to be placed in the Libraries of each House of Parliament.

Read the full note and every offence in this instrument

Other offences in the same 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 0.92.

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