Office of Public Sector Information
PART I continued CHAPTER II continued
(1) The Treasury or the Secretary of State with the Treasury’s approval may for the purposes of section 49, 50 or 58 appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.
(2) In accordance with directions given from time to time by the Treasury or by the Secretary of State—
(a) securities may be issued under section 49 or 58 to a nominee of the Secretary of State appointed for the purposes of that section, and
(b) a nominee of the Treasury or the Secretary of State appointed for the purposes of section 50 may acquire securities under that section.
(3) A person holding any securities as a nominee of the Treasury or the Secretary of State by virtue of this section must hold and deal with them (or any of them) on such terms and in such manner as may be specified in directions given by the Treasury or the Secretary of State.
(4) A direction of the Secretary of State under subsection (2) or (3) requires the Treasury’s consent.
Schedule 6 contains provisions about transfer schemes.
Schedule 7 contains provisions about tax.
(1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—
(a) company;
(b) company which wholly owns a company;
(c) company wholly owned by the CAA;
(d) company wholly owned by the Crown;
(e) a Northern Ireland Minister;
(f) securities;
(g) shares held by the Crown;
(h) subsidiary and wholly owned subsidiary;
(i) transferee;
(j) transferor.
(2) “Company” has the meaning given by section 735(1) of the [1985 c. 6.] Companies Act 1985 or Article 3 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.
(3) A company is wholly owned by the Crown at any time when all its shares are held by the Crown.
(4) Shares are held by the Crown if they are held—
(a) by a Minister of the Crown or his nominee,
(b) by a Northern Ireland Minister or his nominee,
(c) by a Northern Ireland department, or
(d) by a company of which all the shares are held by the Crown.
(5) “Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland.
(6) A company is wholly owned by the CAA at any time when it has no members except—
(a) the CAA and its wholly owned subsidiaries, or
(b) persons acting on behalf of the CAA or its wholly owned subsidiaries.
(7) A company which wholly owns another company is a company of which the other is a wholly owned subsidiary.
(8) The expressions “subsidiary” and “wholly owned subsidiary” have the meanings given by section 736 of the [1985 c. 6.] Companies Act 1985 or Article 4 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.
(9) “Securities” has the same meaning as in section 142 of the [1986 c. 60.] Financial Services Act 1986.
(10) A transferee is any person to whom anything is or is to be transferred by a scheme.
(11) A transferor is any person from whom anything is or is to be transferred by a scheme.
(12) The definitions in this section apply unless the contrary intention appears.
(1) The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in a managed area.
(2) No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA’s air navigation functions.
(3) The Secretary of State may nominate a member of the CAA for the purposes of this section, and a person so nominated must perform on the CAA’s behalf such of its air navigation functions as the Secretary of State may specify.
(4) The following provisions are not to apply to the CAA’s air navigation functions—
(a) section 7(1) of the [1982 c. 16.] Civil Aviation Act 1982 (Secretary of State’s power to prescribe functions not to be performed by a person on CAA’s behalf);
(b) paragraph 15 of Schedule 1 to that Act (CAA’s power to authorise a person to perform functions on its behalf).
(5) A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection.
(1) The Secretary of State may nominate a member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.
(2) Subsection (3) applies if—
(a) there is a difference of opinion between the national security nominee and the CAA,
(b) the difference of opinion relates to the CAA’s air navigation functions, and
(c) the national security nominee thinks that if the CAA’s opinion prevailed it could have an effect contrary to the interests of national security.
(3) In such a case—
(a) the CAA must refer the matter to the Secretary of State, and
(b) after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit.
(4) The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.
(1) Directions under section 66(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.
(2) The provision may include—
(a) provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;
(b) provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;
(c) provision requiring the CAA in specified circumstances to refer specified matters to the Secretary of State.
(3) If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c) he may give such directions to the CAA as he thinks fit.
(1) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
(2) In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
(3) If a direction is given under section 66(1) the CAA—
(a) must publish the direction in such manner as may be specified in regulations made by the Secretary of State;
(b) must set out the direction in the report made under section 21 of the [1982 c. 16.] Civil Aviation Act 1982 (annual report) for the accounting year in which the direction is given.
(4) If a direction is given under section 67(3) or section 68(3) the CAA—
(a) must set out the direction in the report made under section 21 of the [1982 c. 16.] Civil Aviation Act 1982 for the accounting year in which the direction is given, but
(b) must exclude a direction or part of a direction as to which the Secretary of State notifies the CAA that in his opinion it is against the national interest to set it out in the report.
(1) The CAA must exercise its air navigation functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) and (3).
(2) The CAA must exercise its air navigation functions in the manner it thinks best calculated—
(a) to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;
(b) to satisfy the requirements of operators and owners of all classes of aircraft;
(c) to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;
(d) to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section;
(e) to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;
(f) to take account of the interests of national security;
(g) to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification).
(3) If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
(4) The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.
(5) Section 4 of the [1982 c. 16.] Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its air navigation functions.
(1) The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—
(a) requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or
(b) requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
(2) A requirement may be made under subsection (1)(b) only if the person is carrying on a business.
(3) No person may be required under this section—
(a) to produce documents which he could not be compelled to produce in civil proceedings in the court;
(b) to supply information which he could not be compelled to supply in such proceedings.
(4) If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.
(7) An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—
(a) by the person in default, or
(b) if officers of a company or other association are responsible for its default, by those officers.
(8) A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
(9) A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(10) A reference to the court is to—
(a) the High Court in relation to England and Wales or Northern Ireland;
(b) the Court of Session in relation to Scotland.
(1) This section applies for the purposes of this Chapter.
(2) The CAA’s air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 66(1).
(3) These are managed areas—
(a) the United Kingdom;
(b) any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to carry out activities with regard to air navigation.
(1) The CAA may specify—
(a) the amounts of, or methods of calculating, the charges which are to be paid by virtue of this section in respect of chargeable air services (or of such descriptions of those services as the CAA specifies),
(b) the operators and owners of aircraft (or descriptions of such operators and owners) who are to pay the charges,
(c) the persons (or descriptions of persons) to whom they are to be paid, and
(d) the currencies in which they are to be paid.
(2) On or after making specifications under subsection (1) the CAA may stipulate—
(a) that charges are to be dispensed with in cases of specified descriptions;
(b) that interest at a specified rate is to be paid on charges in respect of any period in which they are due but unpaid;
(c) that interest is to be paid with the charges or separately;
(d) that charges of a specified description are payable elsewhere than in the United Kingdom;
(e) that charges of a specified description are to be disposed of in a specified way when received.
(3) Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).
(4) But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.
(5) If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.
(6) If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.
(7) If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.
(8) Subsections (3) to (7) have effect subject to section 74.
(9) For the purposes of subsection (1)(c) persons include—
(a) Eurocontrol and other international organisations, and
(b) governments of countries or territories outside the United Kingdom.
(1) If the CAA makes specifications or stipulations under section 73—
(a) it must publish a notice containing them;
(b) they become effective as provided in the published notice.
(2) The CAA may amend or revoke any specifications or stipulations published under this section, and—
(a) it must publish a notice containing any amendment or revocation;
(b) the amendment or revocation becomes effective as provided in the published notice.
(3) An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.
(4) Publication under this section must be made—
(a) in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or
(b) in such other manner as the Secretary of State may provide by order.
(1) This section applies for the purposes of specifications under section 73(1).
(2) The CAA may specify—
(a) different amounts or methods in respect of different descriptions of services;
(b) different amounts or methods in respect of different classes or descriptions of aircraft;
(c) different amounts or methods in respect of different circumstances in which aircraft are used.
(3) In specifying amounts or methods the CAA must have regard to—
(a) tariffs which are approved under any international agreement to which the United Kingdom is a party;
(b) tariffs which in the CAA’s opinion are likely to be approved under any such agreement before or within one month after the date when the specifications are to take effect;
(c) tariffs which in the CAA’s opinion are likely to be approved, before or within one month after the date when the specifications are to take effect, under any international agreement to which the United Kingdom is likely to be a party before or within one month after that date.
(4) Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.
(5) A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.
(6) A description of operators and owners may be so general as to refer to all operators and owners.
(7) Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.
(1) Liability to pay a charge by virtue of section 73 arises whether or not—
(a) the aircraft concerned is registered in the United Kingdom;
(b) it is in the United Kingdom when the services concerned are provided;
(c) the services concerned are provided from a place in the United Kingdom.
(2) A charge payable by virtue of section 73 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).
(3) A court in any part of the United Kingdom has jurisdiction to hear and determine—
(a) a claim for a charge or interest payable by virtue of section 73;
(b) a claim, by a person appearing to the court to have an interest in the matter, that a charge which by virtue of that section must be disposed of in a particular way has not been disposed of in that way.
(4) Subsection (3) applies even if the person against whom the claim is made is not resident within the court’s jurisdiction.
(1) For the purposes of this Chapter chargeable air services are services which—
(a) fall within subsection (2), and
(b) are not excepted air services (as defined in subsection (3)).
(2) These services fall within this subsection—
(a) air traffic services provided in respect of the United Kingdom;
(b) air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;
(c) air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;
(d) services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;
(e) air traffic services which do not fall within paragraph (d) and for which Eurocontrol is to collect charges under the Eurocontrol agreement.
(3) These are excepted air services—
(a) air traffic services provided by the owner or manager of an aerodrome or by his employee;
(b) air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.
(4) A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).
(5) The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.
(1) This section applies if—
(a) an amount of a charge is specified under section 73(1) in respect of a service falling within section 77(2)(d) or (e), and
(b) under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
(2) In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
(3) References to an amount include references to a method of calculating an amount.
(1) The CAA—
(a) must exercise its powers under section 73 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
(b) in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
(2) The CAA must exercise its powers under section 73 in relation to services falling within section 77(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.
(1) If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 77(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(2) If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 77(2)(e), he must (so far as practicable) ensure that the information is given to Eurocontrol.
(3) But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
(4) If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
(5) If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
(6) The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.
(1) The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 73.
(2) The regulations may require operators or owners of aircraft or managers of aerodromes—
(a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified;
(b) to preserve the records for a specified period;
(c) to produce relevant records for inspection by specified persons at specified times;
(d) to provide specified particulars of relevant records to specified persons.
(3) Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.
(4) The persons who may be specified under subsection (2)(c) or (d) are—
(a) in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol;
(b) in the case of other charges, officers of the CAA or of the organisation, government or other person to whom the charges are payable.
(5) The requirements may be imposed on the operator or owner of an aircraft whether or not—
(a) it is registered in the United Kingdom;
(b) it is in the United Kingdom when the services concerned are provided;
(c) the services concerned are provided from a place in the United Kingdom.
(6) A record includes (in addition to a record in writing)—
(a) a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
(b) a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
(c) a photograph.
(7) An Air Navigation Order is an Order in Council under section 60 of the [1982 c. 16.] Civil Aviation Act 1982.
(8) In subsection (4)—
(a) a reference to officers of the CAA includes a reference to persons authorised to act as such officers;
(b) a reference to officers of Eurocontrol includes a reference to persons authorised to act as such officers.
Transport Act 2000