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· Control of Air Traffic
· Certification of operators of
aircraft
· Personnel Licensing
· Noise Certification
· Certification of airworthiness of
aircraft
· Licensing of aerodromes
· Approval of persons and
equipment
· Approval of schemes for the
regulation of flight times
· Validation of any certificate or
licence
Other functions were later added,
such as receiving of MORs.
However, there seems to be nothing
that permits an ANO to specify who
enforces it. There is also some
question as to whether the provision
for an ANO is actually made under
powers granted by Section 60, which
means it is not an ANO as defined,
and may not be enforceable. Note
also that, although the ANO may
prohibit you from engaging in Air
Navigation, certain activities are
nothing to do with the subject, as
they take place outside chocks
on/chocks of (or rotor start to
rundown). Filling in Tech Logs is
arguably one.
Anyway, as the above functions are
specified by subordinate legislation,
there is no power to be concerned
with anything not mentioned. There
are two reasons for this.
The first is that those activities
would be ultra vires anyway, and the
second concerns the CAA being
funded by charges schemes, that is,
other peoples' money. Funds utilised
for anything not authorised are
improperly used, technically being
misappropriation of funds. At first sight,
it might seem that the CAA could
use its funds to bring prosecutions,
but the problem is that prosecutions
(criminal ones, anyway) are brought
by the Crown (R v Fred Bloggs, for
instance) so these activities would
have to be specifically allowed under
the terms of sect 20 (2) of the Civil
Aviation Act 1982. The bringing of
criminal prosecutions has not been
conferred on the CAA by ANO, and
it cannot be because it is not listed in
278 Operational Flying
Section 3 of the Civil Aviation Act
1982 as a conferrable function (see
above). Anyway, Section 2 (4)
declares that the CAA is not to be
regarded as an agent of the Crown.
Close inspection of Section 2 also
discloses that the CAA is a juristic
person (e.g. artificially created),
meaning that it is very definitely
subject to the ultra vires doctrine, so
the burden of proof falls upon that
person to prove its right to do
anything, the reverse position of a
natural person, who is innocent until
proven guilty—the end result of this
is that an offence must be proved
beyond reasonable doubt in every respect
before a prosecution brought by a
juristic person can be upheld against
a natural one (i.e. you).
Any natural person (say an
investigator) laying information
before a court on behalf of a juristic
one (say, the CAA) must be duly
authorised. This is Rule 4 (1) of the
Magistrates Courts Rules 1981,
which is in fact an instruction to
officers of those courts to ensure
that such is the case. If he's found
out then (or later) not to be
authorised for any reason, then the
person who laid the information
could actually be considered to be
the prosecutor, which means the
wrong person is on the charge sheet
and possibly without proper
authority to bring charges anyway.
The ANO consists of Articles and
Schedules, the latter being
amplifications of the former, so
where an Article would require an
aircraft to carry markings, the related
Schedule would spell out how they
are to be made and positioned.
Authorised Persons
An Authorised Person is one who
has been given authority by the CAA
to perform certain functions on its
behalf. Paragraph 15 of Schedule 1
to the Civil Aviation Act 1982 permits
the CAA to authorise any
member or employee of it to do so.
Because of the constraints of
subordinate legislation, the activities
of Authorised Persons must be
restricted to those within the CAA's
responsibility, that is, those in
Section 3 of the enabling Act.
CAA Resolution 21, dated 5 June
1975, notes that a quorum for
authorising anyone to perform
functions on its behalf is one
member (a quorum is a minimum
number of people). Therefore, a
minimum of one member of the
Board of the CAA must form a
Board Meeting to do this. Thus, the
appointment of an Authorised
Person must be made by at least one
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