For the purposes of the Air Navigation Order 20161, 'commercial operation' means any flight by a small unmanned aircraft except a flight for public transport, or any operation of any other aircraft except an operation for public transport2:
(1) which is available to the public3; or
(2) which, when not made available to the public (a) in the case of a flight by a small unmanned aircraft, is performed under a contract between the SUA operator and a customer, where the latter has no control over the remote pilot; or (b) in any other case, is performed under a
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