Contravention of The Air Navigation (General) Regulations 2005

the instrument as a whole of The Air Navigation (General) Regulations 2005

Revoked
Strict liability
Set by another provision
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The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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

Contravening this instrument is an offence under article 265(5) and Schedule
13 of the Air Navigation Order 2016. 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 This is the text as originally made; later amendments are not shown here.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.

Doing what the provision prohibits, or failing to do what it requires under the Air Navigation (General) Regulations 2005.

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 article 265(5) and Schedule 13 of the Air Navigation Order 2016.

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.

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 (General) Regulations 2006
Revoked on: 30 March 2006
Made: 21 July 2005
In force from: 20 August 2005
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

These Regulations consolidate the Air Navigation (General) Regulations 1993, as amended by the Air Navigation (General) (Amendment) Regulations 1995, 1997, 2000, 2002 and 2003, the Air Navigation (General) (Second Amendment) Regulations 1999, and the Air Navigation (General) (Amendment) (No. 2) Regulations 2003. Those Regulations are revoked. In addition to minor, drafting amendments the Regulations make the following changes of substance— 1 Under Article 44(1) of the Air Navigation Order 2005 aeroplanes registered in the United Kingdom and flying for the purposes of public transport must comply with JAR-OPS 1 but the CAA may grant a permission under Article 44(5) in respect of such aeroplanes, authorising them to comply with the applicable provisions of Schedule 2 of these Regulations instead. Aeroplanes to which the CAA grants a permission under article 44(5) of the Air Navigation Order 2005 are required to comply with Schedule 2. This comprises public transport aeroplanes designated as aeroplanes of performance groups A, B, C, D, E, F, X and Z, the latter designation being intended for aeroplanes with no performance group classification in their certificates of airworthiness. (Regulation 5 and Schedule 2). 2 Regulations 7 to 12 of the Air Navigation (General) Regulations 1993, which specified prescribed performance criteria, have been transcribed to Schedule 2. The Schedule to the Air Navigation (General) Regulations 1993 has also been transcribed to, and is now paragraph 7 of Schedule 2. 3 Regulations 19, 20 and 21 of the Air Navigation (General) Regulations 1993 have been transcribed into Schedule 3 of these Regulations. Schedule 3 applies to helicopters, to which article 45(1) of the Air Navigation Order 2005 applies. This comprises public transport helicopters carrying out performance class 1, 2 and 3 operations. (Regulation 6 and Schedule 3) 4 The Regulations prescribe the capability and function for Mode S elementary surveillance and Mode S enhanced surveillance under paragraph 3 of Schedule 5 to the Air Navigation Order 2005. (Regulation 15) 5 Regulation 14 of the Air Navigation (General) Regulations 1993 (Certificates of Maintenance Review and of Release to Service—issued by maintenance engineers licensed by prescribed countries) has not been replicated in these Regulations. Copies of Document 7030/4-NAT Part 1, Rules of the Air, Air Traffic Services and Search and Rescue (ICAO Regional Procedures, Fourth Edition—1987) can be obtained from The Stationery Office at www.tso.co.uk and Annex 10 to the Chicago Convention can be obtained from Airplan Flight Equipment Limited at www.afeonline.com or from ICAO.

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 0.55.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.55 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 (General) Regulations 2005 Every offence this instrument creates, and its explanatory note
Transport: maritime, aviation, rail and harboursOther offences on the same subject
Offences created in 2005