Civil Aviation (Route Charges for Navigation Services) Regulations 1978

JurisdictionUK Non-devolved
CitationSI 1978/693
Year1978

1978 No. 693

CIVIL AVIATION

The Civil Aviation (Route Charges for Navigation Services) Regulations 1978

10thMay 1978

18thMay 1978

12thJune 1978

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 an international agreement 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 sections 4 and 7(1) of the Civil Aviation (Eurocontrol) Act 1962(c), section 15(3) of the Civil Aviation Act 1968(d), and paragraph 6 of Schedule 10 to the Civil Aviation Act 1971(e) 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 1978 and shall come into operation on 12th June 1978.

Interpretation

2.—(1) In these Regulations—

"Offshore installation" means any installation which is maintained, or is intended to be established, for underwater exploitation or exploration;

"United Kingdom Air Pilot" means a document published by the Authority and so entitled.

(2) Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1976(f) as amended (g).

(3) The Interpretation Act 1889(h) applies for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of Parliament and section 38(2) of that Act (which relates to the effect of repeals) shall apply to these Regulations as if the Regulations revoked by Regulation 3 of these Regulations were Acts of Parliament thereby repealed.

(a) Cmnd. 2114.

(b) Cmnd. 4916.

(c) 1962 c. 8.

(d) 1968 c. 61.

(e) 1971 c. 75.

(f) S.I. 1976/1783.

(g) There is no relevant amending instrument.

(h) 1889 c. 63.

Revocation

3. Subject to the provisions of Regulation 2(3) above, the Regulations contained in Schedule 1 hereto are hereby revoked.

Charge to be paid to Eurocontrol

4.—(1) Subject to the provisions of these Regulations the operator of any aircraft (whether or not registered in the United Kingdom) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in the airspace defined in Regulation 6 of these Regulations 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 7 or 8 of these Regulations.

(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) No charge shall be made in respect of such a flight...

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