Civil Aviation (Route Charges for Navigation Services) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1797 |
1983 No. 1797
CIVIL AVIATION
The Civil Aviation (Route Charges for Navigation Services) Regulations 19835thDecember 1983
9thDecember 1983
1stJanuary 1984
Whereas in pursuance of tariffs approved under the Eurocontrol Convention (a) and under the Multilateral Agreement relating to the Collection of Route Charges concluded at Brussels on 8th September 1970(b) (being international agreements to which the United Kingdom is a party), the Secretary of State has determined rates of charges, as specified in the following Regulations, payable to the Eurocontrol Organisation in respect of navigation services provided for aircraft in the airspace hereinafter specified:
Now, therefore, the Secretary of State in exercise of his powers under section 73 of the Civil Aviation Act 1982(c) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and Operation
1. These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1983 and shall come into operation on 1st January 1984.
Revocation
2. The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3.—(1) In these Regulations—
"AIP" in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled "Aeronautical Information Publication" or "AIP" and published by a public authority of that country;
"FIR" means "Flight Information Region";
"Offshore installation" means any installation which is maintained, or is intended to be established, for underwater exploitation or exploration;
A "specified airspace" means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;
"United Kingdom Air Pilot" means a document so entitled in force at the date of the making of these Regulations and published by the Civil Aviation Authority.
(a) Cmnd. 2114.
(b) Cmnd. 4916.
(c) 1982 c.16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (1983 c.11).
(2) Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1980(a).
Charge to be paid to Eurocontrol
4.—(1) Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to the Organisation, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as "the charge") at the appropriate rate calculated in accordance with Regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.
(2) If the Organisation is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the Organisation that some other person is the operator; and from the time when the notice is given the Organisation shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
(3) The operator of an aircraft shall not be required to pay any charge to the Organisation under these Regulations in respect of a flight if he has previously paid to the Organisation in respect of that flight a charge of the same or a greater amount under the law of a country specified in Column 1 of Schedule 2 hereto.
Payment
5.—(1) The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in United States dollars.
(2) Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in foreign currency, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom.
(3) Nothing in this Regulation shall prevent the Organisation from accepting as a good discharge payment in currencies other than United States dollars or at places other than the principal office of the Organisation.
Calculation of the Charge
6.—(1) Except in the case of flights specified in Regulation 7 of these Regulations, the charge shall be calculated in United States dollars according to the following formula:—
r = N × U
where r is the charge for the flight, N is the number of service units relating to that flight and U is the...
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