55. In article 260 (meaning of public transport)—
(a)for paragraphs (1) and (2), substitute—
“(1) For the purposes of this Order and subject to Part 34, an aircraft in flight is flying on a public transport flight if—
(a)it is an A to A commercial air transport helicopter operation; or
(b)the conditions specified in paragraph (2) are satisfied.
(2) The conditions referred to in paragraph (1) are—
(a)the flight is not a flight for the purpose of commercial air transport; and
(b)(i)valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or
(ii)the flight is operated by the holder of a national air operator’s certificate, an EU-OPS air operator certificate or a Part-CAT air operator certificate and any passengers or cargo are carried gratuitously in the aircraft except for persons specified in paragraph (3) or cargo specified in paragraph (4).”; and
(b)in paragraph (3) for “or EU-OPS” substitute “, EU-OPS or the EASA Air Operations Regulation”.