I have today (24 January 2022) published the draft Air Navigation (Amendment) Order 2022 and an accompanying explanatory memorandum. This draft instrument amends the Air Navigation Order 2016 (S.I. 2016/765) (“the Air Navigation Order”) to update references to Regulation (EC) No 216/2008 on common rules in the field of civil aviation, which has been repealed and replaced.
The air navigation order implements the UK’s obligations under the convention on international civil aviation and regulates aspects of aviation safety. It provides regulatory and enforcement powers for the Civil Aviation Authority needed in respect of retained aviation safety legislation. In a number of places, the air navigation order cites provisions of the “basic regulation”, which is defined in Schedule 1 of the Air Navigation Order as Regulation (EC) No 216/2008. However, Regulation (EC) No 216/2008 was repealed and replaced by Regulation (EU) 2018/1139, which has been retained in UK domestic law.
Therefore, the air navigation order currently contains outdated references to repealed legislation, which need to be amended. The draft instrument published today will ensure that the air navigation order is able to operate as intended, by accurately citing the correct retained legislation.
This instrument is an order in council and will follow the negative (annulment) procedure. Paragraph 14 of schedule 8 to the European Union (Withdrawal) Act 2018 requires a draft of this instrument to be published at least 28 days before it is laid. This is because the air navigation order was originally made under powers that included the European Communities Act 1972.
The draft instrument and accompanying explanatory memorandum is available.