Why is the Air Navigation Order an Order and not an Act?

[BroomstickPilot]

Hi Guys,

As we all know, the prime piece of aviation legislation has always been the 'Air Navigation Order'. The fact that this is an 'Order' and not an 'Act' suggests that it was enacted by the Queen in Council, rather than the Queen in Parliament.

To the best of my recollection, the use of Orders in Council as a method of legislating was always the method used for emergency situations such as, for example, preparing a declaration of war or dealing with a major civil disaster, if there was insufficient time to recall Parliament during recess.

If I am right, then I would have expected the 'Order' to be replaced with an 'Act' as soon as Parliament was reconvened and able to deal with the matter. So why do we still have an Air Navigation 'Order' rather than an Air Navigation Act?

Broomstick.

[BizJetJock]

There is an Air Navigation Act - it establishes the CAA's powers to regulate aviation. The day to day business of giving legal force to the rules they propose is done by the Secretary of State for Transport putting the ANO through the system. Amendments are placed in the House of Commons library for a period (two weeks I think) and if no objections are raised it is passed. If any MP does object it has to be debated in Parliament which really puts a spanner in the timetable, so there is pressure on the guys at Gatwick (official title "the servants of the Authority") to get things right first time - legally speaking as opposed to operationally.
This system is how most of UK government works. If you go to www.hmso.com you will find a section "Statutory Instruments", and you will see that there are literally hundreds of them!
I think that the fact I know this officially qualifies me as sad:{

[Spitoon]

Just to show that Jock is not the only saddo around, the legislation that establishes the CAA and gives it its powers is the Civil Aviation Act 1982. But beware, some aspects were changed by the Transport Act 2000.

[BroomstickPilot]

BizJetJock & Spitoon,

Thank you both for replying. Please forgive me for the delay in coming back: I have been away for a week or so.

BizJetJock's reply, while providing information about how the ANO is managed, does not explain why this piece of primary legislation has been an Order in the first place and not an Act.

Spitoon's reply points out that there is an Air Navigation Act that establishes the powers of the CAA, but this too does not answer the question.

I do know about statutory instruments (as I have enforced a good many of them in my time). But all the statutory instruments I have been involved with have all been Regulations made under a piece of primary legislation which has always been an Act, never an Order.

(Incidentally, the only sado around here is ME)!

So why was the ANO framed as an Order and not as an Act?

Anybody?

Broomstick.

[180 Too Fower]

Cor blimey BroomstickPilot......what else do you talk about on the flightdeck:zzz:
To answer your question....I don't know, anyway I must go off and watch some paint drying:E

[BroomstickPilot]

180 Two Fower,
Like I say, 180, the only sado round here is me!
Broomstick.

[BizJetJock]

Basically, so that they don't have to go through a full parliamentary debate when they change the minimum size of a left handed knurled flangebracket from 1inch to 25.4mm:8

[matkat]

Is it not that if it was an act instead of an order it would be harder to ammend? as the ANO is ammended every few years.Hope this is correct as I seem to remember that there was some reason.

[chrisbl]

The primary legislation is the Civil Aviation Act 1982 from which the ANO follows.

Much of our legislation is based upon an enabling Act allowing for Statutory Instruments to be raised with the detail and for subsequent amendments.

Another example is the case of Building Regulations which are again set out in SIs enabled by the Building Act 1984. Building regs are being intoduced now which were not even concieved 21 years ago.

[BroomstickPilot]

Yes, Chrisbl,

An Act is primary legislation and most Acts create powers for the the minister concerned to create regulations which are dependent for their force upon the Act under which they were made.

However, so far as I'm aware Orders in Council are also primary legislation, enacted not by Parliament, but by the Privy Council. They are not mere statutory instruments.

Usually Orders are the means of producing primary legislantion to deal with some emergency. So why has an order been employed for the ANO, which is not an emergency measure, when an Act could just as easily have been made?

Broomstick.

[BizJetJock]

Ahh! I understand the question now - the answer is that Orders are Statutory Instruments. The current ANO (as amended) is SI 2000 no1562. See www.opsi.gov.uk/si/si2000/20001562.htm
Happy reading!

[BroomstickPilot]

Thanks, BizJetJock,

I'll take a look at that.

Broomstick.