Sixteenth Report of Session 2021–22 Contents

Appendix 1

S.I. 2021/879

Air Navigation (Amendment) Order 2021

1.By a letter dated 3rd November 2021, the Joint Committee on Statutory Instruments requested a memorandum on the following point:

In paragraph (a) of the definition of “relevant person” (new article 225A(7), inserted by Article 8), explain (1) what it is about the context that puts it beyond doubt who the “person in charge” of an existing en-route obstacle is and (2) how the person in charge is meant to know that they satisfy the criteria for being in charge?

2.The expression “person in charge” occurs in a number of places within substantive provisions of the Air Navigation Order 20161 (“the ANO”), namely articles 92, 180, 181, 183, 184, 185, 186, 203, 205, 206, 207, 210, 216, 222, 223 and 261. We note that this expression is used in a variety of contexts (e.g. in relation to aerodromes, air traffic control services, aeronautical radio stations, and air traffic service equipment).

3.Of particular relevance here are articles 222 (relating to the lighting of en-route obstacles) and article 223 (relating to the lighting of wind turbine generators in UK territorial waters), which also place requirements on the “person in charge”. Article 225A therefore uses the same expression in order to achieve consistency with the pre-existing and related provisions in articles 222 and 223.

4.“En-route obstacle” is defined in article 225A(7) as “any building, structure or erection, the height of which is 100 metres or more above ground level”. In most cases it will be clear who the person in charge is, for example the owner of the building, structure or erection or the person in occupation of such, where applicable. The current wording however allows for a degree of flexibility given the wide variety of obstacles that new article 225A covers. Potentially, the person in charge may also include the user of the obstacle (where, for example the obstacle is a crane) but could also be a site developer where the obstacle is in fact part of a construction site.

5.The Civil Aviation Authority (“CAA”) already has pre-existing guidance relating to certain obstacles. This guidance provides useful context in explaining how the new notification requirement may apply in practice.

6.Article 223 of the ANO relates to lighting of wind turbine generators in UK territorial waters, and also places obligations on the “person in charge”. Specific guidance in relation to wind turbines is published in the CAA document CAP 764.2 This includes guidance in relation to the lighting of wind turbine generators. The guidance sets out the expectation that it will be for the developer to comply with these requirements (see para 3.18).3

7.Where there has been a failure of any light required to be displayed by night (which is required to be repaired or replaced as soon as practicable by the person in charge pursuant to article 223(7) ),4 the CAA considers that the operator of the offshore wind farm to be the appropriate person to notify the Aeronautical Information Service to ensure that those involved in flight operations are informed (see para 3.23 onwards of the guidance).

8.Similarly, specific guidance in relation to cranes is published in the CAA document CAP 1096,5 which is directed at crane users. Furthermore, guidance from the Construction Plan-hire Association6 (which existed before the introduction of the notification requirement in article 225A) advises that “(the) responsibility for notification to aerodromes and/or the CAA, together with the lighting of tower cranes, rests with the hirer of the crane (Principal or other contractor), however the supplier of the crane should assist the hirer by reminding him of his obligations”.

9.The CAA are raising awareness of the new legislation more widely with key stakeholders (e.g. RenewableUK, Construction Plant-hire Association etc.), and have published guidance on the en-route obstacle notification process on their website.7 Details of the changes introduced by the Order have also been publicised on the CAA’s Skywise site which provides tailored news, notifications and alerts.8 Further information is also available in Aeronautical Information Circular P 067/2021 which sets out the legislation and procedures for notifying en-route obstacles to the CAA.9

10.With time the CAA should start receiving more and more en-route obstacle notifications. They will use this information to review the way this is working in practice and to assess whether they need to elaborate on, or provide more, guidance about this.

11.The CAA are in the process of creating a consolidated document explaining all types of obstacle notifications, referring to relevant publications, requirements and policies, which will be made available on their website in due course.

Department for Transport

9 November 2021

1 S.I. 2016/765

3 Paragraph 3.18 refers to article 220 of the Air Navigation Order 2009 (now revoked) where the requirements in relation to the lighting of wind turbine generators were previously set out.

4 The guidance refers to article 220(7) of the Air Navigation Order 2009 where the requirement to repair or replace a failed light was previously set out.

6 See “TIN 039 Operating Tower Cranes in the Vicinity of Aerodromes, Notification and En-route Obstacle Lighting” (January 2014) available at TCIG Technical Information Notes | Construction Plant-hire Association (cpa.uk.net)




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