Page:The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018 (UKSI 2018-321 qp).pdf/12

 Paragraphs (1) and (3) of regulation 18 implement paragraph 5.13 of Annex 13 and require the Chief Inspector to reopen a safety investigation where new and significant evidence becomes available. Paragraph (2), which empowers the Chief Inspector to reopen a safety investigation for any other reason where the Chief Inspector considers it appropriate to do so, is a purely domestic provision. In both cases, the Chief Inspector must not reopen a safety investigation which has been delegated to the AAIB without the prior consent of the head of the investigation authority which delegated it.

Regulation 19 repeals subsection (1A) of the Civil Aviation Act 1982 (1982 c. 16), in order to reflect the repeal (by Regulation 996/2010) of Council Directive 94/56/EC of 21st November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents (OJ No L 319, 12.12.1994, p 14).

Regulations 20 to 28 specify the acts and omissions that contravene these Regulations. Regulation 29 provides that subsection (5) of section 75 of the Civil Aviation Act 1982 (penalties) applies to all of those provisions, irrespective of whether they are made under section 75.

Copies of Annex 13 of the Chicago Convention can be accessed via the website of the International Civil Aviation Organization (at https://store1.icao.int/index.php/annex-13-aircraft-accident-and-incident-investigation-english-printed-13532.html) as a priced publication.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside the instrument at www.legislation.gov.uk. © Crown copyright 2018

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