UK Offence Report

Offence of contravening Order

article 23(1) of The Air Navigation (Overseas Territories) (Environmental Standards) Order 2024

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

1 Subject to paragraph (2), any contravention of any provision of article 4, 5, 8, 9, 10, 13, 14, or 19(3) is an offence by the operator and the pilot-in-command of the aircraft to which the contravention relates.

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 This is the text as originally made; later amendments are not shown here.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

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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 23(1)?

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 (Overseas Territories) (Environmental Standards) Order 2024, 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
£2,500
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
Status not determined
Made
13 March 2024
In force from
10 April 2024
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 revokes and replaces the Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 (S.I. 2014/2926) as amended by the Air Navigation (Overseas Territories) (Environmental Standards) (Amendment) Order 2015 (S.I. 2015/236). The Order implements requirements in Annex 16, Volumes 1 (eighth edition), 2 (fifth edition) and 3 (first edition) to the Convention on International Civil Aviation 1944 (the “Chicago Convention”). Part 2 makes provision in respect of noise certification. Articles 4 and 5 provide that an aircraft may only fly with a valid noise certificate confirming that the aircraft meets the applicable noise standards specified in Volume 1 of Annex 16 to the Chicago Convention. Articles 6 and 7 prescribe the circumstances under which a noise certificate must be issued by the Governor and the validity of a noise certificate. Article 8 requires an aircraft to carry its noise certificate when flown anywhere within the Territory, whether that aircraft is registered in the Territory or is registered elsewhere. An aircraft registered elsewhere than in the Territory is also required to carry its noise certificate when landing or taking off in the Territory. Article 8(2) permits aircraft registered within the Territory to fly without a noise certificate for flights conducted within the Territory if that flight starts and ends at the same aerodrome. In such situations, the noise certificate may be kept at the aerodrome from which the flight starts and ends. Article 9 requires a noise certificate to be produced when required. Article 10 requires certain information, relating to noise certification, to be included in the flight manual of an aircraft registered in the Territory. Article 11 permits the Governor to issue exemptions from noise certification requirements. Article 12 enables the Governor to revoke, suspend or vary a noise certificate or exemption issued under this Order. Part 3 makes provision in respect of emissions certification. Articles 13 and 14 provide that an aircraft may only fly if it has been certified as complying with the applicable emissions standards in Volume 2 of Annex 16 to the Chicago Convention. Article 15 provides for the Governor to recognise the validity of emissions certification issued by the competent authority of another Contracting State or territory to which this order applies. Article 16 provides for the circumstances in which the Governor must endorse a Type Acceptance Certificate to the effect that an aircraft complies with the applicable emissions standards. Article 17 permits the Governor to issue exemptions from emissions certification requirements. Part 4 makes provision in respect of offences, penalties and powers. Article 18 allows the Governor to designate a person to carry out certain of the Governor’s functions under the Order. Articles 19 and 20 provide for powers for the Governor and authorised persons to prevent an aircraft from flying in contravention of the Order, to enter, inspect and to detain an aircraft, to have access to aerodromes for the purpose of determining whether or not a contravention has occurred or is likely to occur and to request the production of a noise certificate. Articles 21 to 23 set out various offences, including those in relation to noise certificates, emissions certification and exemptions and obstructing or contravening provisions of the Order and article 24 deals with the liability of certain offenders including bodies corporate. Article 25 sets out the penalties for offences under the Order. Articles 26 and 27 set out the applicability of the Order to the Crown and visiting forces and provide for the Order to have extra-territorial effect in certain circumstances. Article 28 provides a power for the Governor to make regulations prescribing fees payable for the purposes of issuing a noise certificate, a noise exemption or an emissions exemption. A full impact assessment has not been produced for this instrument as no, or no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside this instrument on www.legislation.gov.uk.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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