Key takeaways
- Two key UK statutory instruments which apply to Bermuda, the British Virgin Islands and the Cayman Islands are amended.
- The Air Navigation (Overseas Territories) Order 2013 is amended to, among other things, bring the provisions in line with the Cape Town Convention and compliance with current ICAO standards.
- The Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 is revoked and replaced by The Air Navigation (Overseas Territories) (Environmental Standards) Order 2024 with significant amendments relating to noise and emissions certificates.
Both of the New Orders apply to various overseas territories, including Bermuda, the British Virgin Islands and the Cayman Islands.
Introduction
On 10 April 2024 two new statutory instruments came into force in the United Kingdom. The Air Navigation (Overseas Territories) (Amendment) Order 2024 (the "2024 Amendment Order") (which amends The Air Navigation (Overseas Territories) Order 2013 (as amended) (the "2013 Order")). Along with the Air Navigation (Overseas Territories) (Environmental Standards) Order 2024 (the "2024 Environmental Order", together with the 2024 Amendment Order, the "New Orders") (which revokes and replaces the Air Navigation (Overseas Territories) (Environmental Standards) Order 2014 (as amended)).
Both of the New Orders apply to various overseas territories, including Bermuda, the British Virgin Islands and the Cayman Islands (the "Overseas Territories").
The 2024 Amendment Order
The 2024 Amendment Order includes new provisions which relate to:
- access to aerodromes for the purposes of enforcement;
- the regulation of small and large unmanned aircraft;
- written confirmation being provided to the pilot in command when carrying weapons of war;
- the reporting of dangerous goods being carried; and
- use of digital or electronic signatures in respect of certificates, licences or approvals.
Of most significance however, are the revised provisions regarding when the Governor (being the person administering the Government of the relevant Overseas Territory) may cancel the registration of an aircraft. The Governor may cancel the registration as soon as practicable if satisfied that either: (a) a person wishes and is entitled to procure the de-registration of the aircraft; or (b) subject to any transitional provisions under the laws of the relevant territory in respect of Article 60 of the Cape Town Convention, that a person wishes, and is entitled, under the law of the relevant territory, to procure the de-registration of the aircraft in accordance with Article IX of the Protocol to the Cape Town Convention. In practical terms, the deregistration of an aircraft which does not satisfy the relevant requirements for registration will be deregistered as soon as possible but the New Orders effectively provide up to three months allowing time for any deficiency in the registration eligibility to be rectified where possible.
The 2024 Amendment Order also incorporates the latest definitions within the Chicago Convention (as defined below) and Procedures for Air Navigation Services and ensures compliance with the International Civil Aviation Organisation Standards. The 2024 Amendment Order aligns the regulatory framework for civil aviation in the British Overseas Territories with the latest minimum safety standards of aviation ensuring that the United Kingdom's obligations under the Chicago Convention are met.
The 2024 Environmental Order
The 2024 Environmental Order again entrenches certain requirements from the Convention on International Civil Aviation 1944 (the "Chicago Convention"). The significant amendments under the 2024 Environmental Order relate to the requirement to have a noise and an emissions certificate and the relevant "applicable standards" which must be met in order to receive such certificate.
Noise Certificate
A noise certificate is required (and must be carried in flight unless the flight begins and ends at the same aerodrome in the relevant Overseas Territory) by any aircraft, whether registered in or outside of an Overseas Territory, that flies or intends to fly into an Overseas Territory.
So long as the Governor is satisfied that the aircraft complies with the applicable noise standard (being those prescribed in the Convention), they may issue a noise certificate. Such certificate may have conditions attached to it. It should be noted however that a noise certificate is no longer valid where the certificate is suspended, revoked, the aircraft is changes in any way which affects its ability to comply with noise standards or there is a breach of any condition imposed.
There are certain exceptions for aircraft registered in an Overseas Territory as the Governor may, subject to the payment of any prescribed fee, exempt any noise regulated aircraft from needing a certificate or requiring them to hold such certificate when in flight.
Emissions Certificate
It is also necessary for an aircraft that is registered in an Overseas Territory to have an emissions certificate from the Governor certifying that the aircraft complies with the applicable emissions standards (again, being those as specified in the Convention). For aircraft that are registered outside of the relevant Overseas Territory, such aircraft may not fly unless it has been certified by the state in which it is registered under requirements not less stringent than the applicable emissions standards.
The Governor may, subject to the payment of any prescribed fee, exempt any aircraft or class or aircraft registered in an Overseas Territory from the requirement to have an emissions certificate. As is also the case with the exemption relating to the noise certificate, any exemption issued must be in writing issued in a form specified by the relevant Governor and may be subject to such conditions as such Governor thinks fit.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
