UK Offence Report

Contravention of The Air Navigation (General) Regulations 2006

the instrument as a whole of The Air Navigation (General) Regulations 2006

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 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 This is the text as originally made; later amendments are not shown here.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.

  1. Doing what the provision prohibits, or failing to do what it requires under the Air Navigation (General) Regulations 2006.

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.

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
6 March 2006
In force from
30 March 2006
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and replace the Air Navigation (General) Regulations 2005 (S.I. 2005/1980). They have been made principally to rectify defective drafting in those Regulations. The principal changes made in these Regulations, when compared with the Air Navigation (General) Regulations 2005, are as follows— 1 The enabling powers in the Air Navigation Order 2005 recited in the preamble are corrected. 2 Regulation 4 (load sheets particulars and weighing requirements) of the Air Navigation (General) Regulations 2005 has been divided into four regulations: particulars of load sheets; weighing requirements – passengers, crew and hand baggage; weighing requirements – hold baggage; and load sheets – additional provisions. (Regulations 4, 5, 6 and 7) 3 The reference in regulation 10(3) (previously regulation 7(3) of the Air Navigation (General) Regulations 2005) to the flight manual or performance schedule, in relation to the definition of “specified”, has been simplified. 4 Regulation 13 of the Air Navigation (General) Regulations 2005 has been divided into two regulations: Minimum Navigation Performance and Height Keeping Specifications; and North Atlantic Minimum Navigation Performance Specification Airspace. (Regulations 16 and 17) 5 References in Schedule 2 and 3 of the Air Navigation (General) Regulations 2005 to “aerodrome at which it is intended to land” have, for consistency, been replaced by “aerodrome of intended destination” in Schedules 1 and 2. 6 Schedules 2 and 3 of the Air Navigation (General) Regulations 2005 are now Schedules 1 and 2 respectively of these Regulations. 7 Paragraph 7 of Schedule 2 of the Air Navigation (General) Regulations 2005 has been divided into two separate paragraphs: “aeroplanes of which the specified maximum total weight authorised exceeds 5,700 kg or of which the specified maximum total weight authorised does not exceed 5,700 kg and the wing loading of the aeroplane exceeds 20lb per square foot or the stalling speed of the aeroplane in the landing configuration exceeds 60 knots”; and “aeroplanes of which the specified maximum total weight authorised does not exceed 5,700 kg and the wing loading of the aeroplane does not exceed 20lb per square foot or the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots”. (Paragraphs 7 and 8 of Schedule 1) 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