1. A [F1non-Part-21] aircraft may fly for a purpose set out in paragraph 2 subject to the conditions set out in paragraphs 3 to 6 whether or not it is registered in accordance with article 24(1) when there is not in force—U.K.
(a)in the case of an aircraft which is so registered, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered; or
(b)in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issued or rendered valid under the law of the United Kingdom or a permit to fly issued by the CAA for that aircraft.
Textual Amendments
F1Word in Sch. 3 Pt. 1 Ch. 2 para. 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), reg. 1, Sch. 1 para. 79(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
2. The purposes referred to in paragraph 1 are—U.K.
(a)experimenting with or testing the aircraft (including any engines installed on the aircraft) or any equipment installed or carried in the aircraft;
(b)enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft or the issue of a permit to fly;
(c)demonstrating and displaying the aircraft, any engines installed on the aircraft or any equipment installed or carried in the aircraft with a view to its sale or of other similar aircraft, engines or equipment;
(d)demonstrating and displaying the aircraft to employees of the operator;
(e)the giving of flying training to or the testing of flight crew employed by the operator or the training or testing of other persons employed by the operator and who are carried or are intended to be carried under sub-paragraph 6(a);
(f)proceeding to or from a place at which any experiment, inspection, repair, modification, maintenance, approval, test or weighing of the aircraft, the installation of equipment in the aircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraph (a), (b), (c), (d) or (e); or
(g)proceeding to or from a place at which the installation of furnishings in, or the painting of the aircraft is to be undertaken.
3. The flight must be operated by a person approved by the CAA for the purposes of these conditions and subject to any additional conditions which may be specified in such an approval.U.K.
4. If not registered in the United Kingdom—U.K.
(a)the aircraft must be marked in a manner approved by the CAA for the purposes of these conditions; and
(b)articles 67, 79, 226, 229 and 235 must be complied with in relation to the aircraft as if it were registered in the United Kingdom.
5. No person may act as pilot in command of the aircraft except a person approved for the purpose by the CAA.U.K.
6. The aircraft must not carry any cargo, or any persons other than the flight crew except the following—U.K.
(a)persons employed by the operator who during the flight carry out duties or are tested or receive training in connection with a purpose specified in paragraph 2;
(b)persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft for carrying out during the flight duties in connection with a purpose so specified;
(c)persons approved by the CAA under article 268 as qualified to supply reports for the purposes of article 38;
(d)persons other than those carried under the preceding provisions of this paragraph who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;
(e)cargo which comprises equipment carried in connection with a purpose specified in sub-paragraph 2(f); or
(f)persons employed by the operator or persons acting on behalf of the manufacturers of component parts of the aircraft (including its engines) or of equipment installed in or carried in the aircraft in connection with a purpose specified in sub-paragraph 2(f) which persons have duties in connection with that purpose.