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The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Amendment of Article 2 of Regulation (EU) No 2018/1139
This section has no associated Explanatory Memorandum

84.—(1) Article 2 (scope) is amended as follows.

(2) In paragraph 1—

(a)in point (a), for “the Agency or a Member State” substitute “the CAA”;

(b)in point (b)—

(i)in point (i)—

(aa)for “a Member State” substitute “the United Kingdom”;

(bb)for “the Member State” substitute “the United Kingdom”;

(ii)in point (ii) for “territory to which the Treaties apply” substitute “United Kingdom”;

(iii)in point (iii)—

(aa)for “a Member State” substitute “the United Kingdom”;

(bb)for “territory to which the Treaties apply” substitute “United Kingdom”;

(cc)for “that territory” substitute “the United Kingdom”;

(c)in points (c) and (e), for “territory to which the Treaties apply” substitute “United Kingdom”;

(d)in point (f), omit “Union and”;

(e)in point (g), for “the Single European Sky” substitute “United Kingdom”;

(f)for point (h), substitute “the design of airspace structures”.

(3) In paragraph 3—

(a)in point (a), for “a Member State” substitute “the United Kingdom”;

(b)below point (d)—

(i)in the subparagraph commencing “As regards”—

(aa)in the first place it occurs, for “Member States” substitute “the CAA in relation to civil aviation, and the Secretary of State in relation to military aviation”;

(bb)in the second place it occurs, for “Member States” substitute “The CAA or the Secretary of State (as the case may be)”;

(c)omit the subparagraph commencing “Without prejudice”.

(4) In paragraph 4—

(a)in the first subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(b)in point (a), in both places it occurs, for “Agency” substitute “CAA”;

(c)in point (c), for the words from “accordance with” to the end substitute “the United Kingdom”;

(d)after point (c), in the subparagraph commencing “This Regulation”—

(i)for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(ii)for “Agency” substitute “CAA”.

(5) In paragraph 5, for the words from “and Article 7(5)” to “Member States” substitute “the Secretary of State”.

(6) In paragraph 6—

(a)in the first subparagraph—

(i)for “A Member State” substitute “The Secretary of State”;

(ii)for “where it considers” substitute “where the Secretary of State considers”;

(b)in the third subparagraph—

(i)for “Member State concerned” substitute “Secretary of State”;

(ii)for “the Commission and the Agency” substitute “the CAA”;

(iii)for “its decision” substitute “a decision”;

(iv)for “provide them” substitute “provide the CAA”;

(v)in point (c), for “its decision” substitute “the decision”;

(c)omit the fourth subparagraph;

(d)in the fifth subparagraph—

(i)for the words from the start to “Member State” substitute “The Secretary of State”;

(ii)omit the words from “In such cases” to the end;

(e)omit the sixth and seventh subparagraphs.

(7) In paragraph 7—

(a)in the first subparagraph—

(i)at the start, for “Member States” substitute “The CAA”;

(ii)omit “Member States concerned ensure that”;

(b)in the second subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(c)omit the third, fourth and fifth subparagraphs;

(d)in the sixth subparagraph—

(i)at the start, for “Member States” substitute “The CAA”;

(ii)for “they have exempted” substitute “it has exempted”;

(iii)for “the Member State concerned” substitute “the CAA”;

(iv)omit the words from “In that case” to the end;

(e)omit the seventh subparagraph.

(8) In paragraph 8—

(a)at the start for “A Member State” substitute “The CAA”;

(b)in points (a), (b) and (c), for “Member State” substitute “CAA”;

(c)below point (iii), in the subparagraph commencing “However”, for “Member States” substitute “the CAA”.

(9) In paragraph 9—

(a)for “a Member State” substitute “the CAA”;

(b)for “the territory of that Member State” substitute “the United Kingdom”;

(c)for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(d)for “Member State concerned” substitute “CAA”;

(e)in the last place it occurs, for “Member State” substitute “CAA”.

(10) In paragraph 10—

(a)omit the first subparagraph;

(b)in the second subparagraph, for the words from “the national law” to the end substitute “the Air Navigation Order 2016”.

(11) In paragraph 11—

(a)in the first subparagraph—

(i)for the words from “provisions” to “paragraph 8” substitute “enactment”;

(ii)for “that decision” substitute “an exemption decision under paragraph 8”;

(b)omit the second subparagraph;

(c)in the third subparagraph—

(i)for “A Member State” substitute “The CAA”;

(ii)omit the second sentence;

(d)omit the fourth subparagraph;

(e)in the fifth subparagraph, for “a Member State” substitute “the CAA”.

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