Westminster Policy News & Legislative Analysis

UK unmanned aircraft offences and police powers from Jan 2026

Ministers have made the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (SI 2025/1284), signed on 10 December 2025 and in force from 1 January 2026. Approved by both Houses under the affirmative procedure, the instrument applies across England, Wales, Scotland and Northern Ireland and re‑bases offences on the UK Implementing Regulation (Commission Implementing Regulation (EU) 2019/947 as retained in UK law).

Regulation 2 creates operator offences tied directly to the three categories of flight. An operator must not cause or permit a flight unless the open‑category requirements in Article 4 and Part A of the Annex are fully met, a valid specific‑category authorisation is in place-through an operational authorisation, a LUC with appropriate privileges or an Article 16 authorisation-or the UAS and the operator are certified under Article 6. Beyond these gateways, operators commit an offence if they breach listed ‘relevant requirements’, including registering, displaying the operator registration number, reporting safety‑related occurrences, designating a remote pilot, ensuring pilot competence and maintaining geo‑awareness updates.

For specific‑category operations conducted under an operational authorisation, operators must follow operational procedures and limitations, assign a remote pilot or set responsibilities for autonomous operations, ensure pilot competency, maintain an operations manual, comply with any limitations and conditions, keep records, allow access to those records and use certified equipment where required. Where relying on LUC privileges, operators must maintain the scope and privileges granted, keep an effective operational control system, undertake operational risk assessment, keep LUC records and provide access for oversight.

Regulation 3 creates parallel offences for remote pilots. A remote pilot must not fly unless, at take‑off, they reasonably consider that the open‑category rules will be met, or the flight is covered by a valid specific‑category authorisation, or the UAS and operator are certified. Remote‑pilot ‘relevant requirements’ include observing the maximum operating height, having and carrying proof of the required competency, completing prescribed safety checks including verifying the manufacturer’s maximum take‑off mass, being fit to fly, maintaining visual line of sight and discontinuing the flight when circumstances require, observing airspace restrictions and keeping clear of emergency response activity. Additional duties apply in the specific category, including fitness to fly, competence and proof, safety checks, complying with authorised limitations and mitigations, following operator procedures, respecting airspace restrictions and avoiding emergency response operations.

Regulation 4 introduces an owner offence specific to certified aircraft. The owner of an unmanned aircraft that must be certified under Article 6 may not cause or permit flight unless the aircraft has first been registered in accordance with Article 14(7) of the Implementing Regulation.

Penalties are structured by offence. For the principal operator and remote‑pilot offences in regulations 2(2) and 3(2), the penalty on summary conviction is a fine in England and Wales and a fine up to level 5 on the standard scale in Scotland and Northern Ireland. For contraventions of defined ‘relevant requirements’ under regulations 2(3) and 3(3), fines vary by duty: up to level 2 for failures to carry proof of competency; up to level 3 for specified competency or mass‑related checks and for certain operator obligations including registration, display, record‑keeping and access to records; and up to level 4 for other listed breaches. Failing to register a certified aircraft under regulation 4(2) attracts a fine up to level 3.

Organisational liability is explicit. Where a body corporate commits an offence with the consent, connivance or neglect of a director, manager, secretary or similar officer, that individual is also liable. A statutory due‑diligence defence applies where the contravention resulted from a cause not avoidable by the exercise of reasonable care.

The instrument operates alongside the fixed‑penalty scheme in Schedule 10 to the Air Traffic Management and Unmanned Aircraft Act 2021. Where an offence is prescribed under that Schedule, fixed penalties continue to apply in place of prosecution where appropriate.

Consequential amendments move offences from the Air Navigation Order 2016 into this instrument. Articles 265A to 265C are omitted, as are penalties in article 265F(1) to (4) and a cross‑reference in article 23. Paragraph (6) of article 265D on minimum age is omitted and a redundant definition of ‘LUC’ is removed from Schedule 1. This consolidates the offence framework and aligns the terminology with the Implementing Regulation.

Police and prison‑authority powers are updated to track the new offence structure. Section 93(4A) of the Police Act 1997 is amended so that authorisations to interfere with property can reference offences under regulations 2(2) and 3(2) and the specified remote‑pilot requirement offences. In the Air Traffic Management and Unmanned Aircraft Act 2021, section 14 and Schedules 8 and 9 are amended to replace ANO cross‑references with the new Regulations, preserving powers to stop and search where a constable reasonably suspects relevant unmanned aircraft offences, and to require evidence of competency, operator registration details and consents or authorisations for specific or certified flights.

For operators, the practical preparation is administrative but important ahead of 1 January 2026. Open‑category flyers should confirm registration and display arrangements, safety‑occurrence reporting, designation of remote pilots, the appropriate competency for the sub‑category being flown and that geo‑awareness data are current. Specific‑category operators should verify current operational authorisations or LUC privileges, ensure any limitations and mitigations are embedded in procedures and check that record‑keeping and access arrangements meet the listed requirements.

Remote pilots should expect routine checks on competence and documentation. Proof of competency must be carried, the aircraft must remain within visual line of sight, pre‑flight checks must verify the manufacturer’s maximum take‑off mass, and flights must cease when conditions require. Airspace restrictions and emergency response activity are reaffirmed as bright‑line limits with express offence consequences if ignored.

The Department for Transport records that no, or no significant, impact on the private, voluntary or public sector is foreseen. The instrument was signed by the Parliamentary Under Secretary of State for Transport, Keir Mather, on 10 December 2025 and extends across the UK. It comes into force on 1 January 2026, or if made later, the day after making.

Definitions are carried through for clarity. A UAS operator is any person operating or intending to operate one or more UAS. A remote pilot is the individual responsible for the safe conduct of the flight, including monitoring and, where necessary, intervening during automated operations. Maximum take‑off mass is the manufacturer or builder set maximum including payload and fuel. A LUC is a light UAS operator certificate issued by the Civil Aviation Authority that can confer privileges to authorise certain operations without a separate operational authorisation.