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CHAPTER IV |
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CHARGES FOR AIR TRAFFIC SERVICES |
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Charges |
| Charges for services. |
66. - (1) The CAA may specify-
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(a) the amounts of charges which are to be paid by virtue of this section in respect of chargeable air traffic services (or of such descriptions of those services as the CAA specifies), |
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(b) the operators and owners of aircraft who are to pay the charges, |
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(c) the persons to whom they are to be paid, and |
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(d) the currencies in which they are to be paid. |
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(2) When it makes specifications under subsection (1) the CAA may also stipulate-
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(a) that charges are to be dispensed with in cases of specified descriptions; |
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(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; |
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(c) that interest is to be paid with the charges or separately; |
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(d) that charges of a specified description are payable elsewhere than in the United Kingdom; |
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(e) that charges of a specified description are to be disposed of in a specified way when received. |
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(3) Charges of the specified amounts must be paid in accordance with specifications made under subsection (1).
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(4) But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.
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(5) If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.
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(6) If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.
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(7) If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.
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(8) Subsections (3) to (7) have effect subject to section 67.
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(9) For the purposes of subsection (1)(c) persons include-
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(a) Eurocontrol and other international organisations, and |
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(b) governments of countries or territories outside the United Kingdom. |
| Publication, commencement, amendment and revocation. |
67. - (1) If the CAA makes specifications (or specifications and stipulations) under section 66-
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(a) it must publish a notice containing them; |
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(b) they become effective as provided in the published notice. |
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(2) The CAA may amend or revoke any specifications or stipulations published under this section, and-
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(a) it must publish a notice containing any amendment or revocation; |
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(b) the amendment or revocation becomes effective as provided in the published notice. |
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(3) A notice must be so framed that any amendment or revocation contained in it does not affect any liability incurred before the amendment or revocation becomes effective.
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(4) Publication under this section must be made-
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(a) in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or |
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(b) in such other manner as the Secretary of State may provide by order. |
| Specifications: supplementary. |
68. - (1) This section applies for the purposes of specifications under section 66(1).
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(2) The CAA may specify-
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(a) different amounts in respect of different descriptions of services; |
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(b) different amounts in respect of different classes or descriptions of aircraft; |
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(c) different amounts in respect of different circumstances in which aircraft are used. |
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(3) In specifying amounts the CAA must have regard to-
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(a) tariffs which are approved under any international agreement to which the United Kingdom is a party; |
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(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; |
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(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. |
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(4) The CAA may specify operators and owners of aircraft for which the services concerned are available, whether or not they are actually used or could be used with the equipment installed in the aircraft.
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| Liability, recovery etc. |
69. - (1) Liability to pay a charge by virtue of section 66 arises whether or not-
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(a) the aircraft concerned is registered in the United Kingdom; |
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(b) it is in the United Kingdom when the services concerned are provided; |
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(c) the services concerned are provided from a place in the United Kingdom. |
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(2) A charge payable by virtue of section 66 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).
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(3) A court in any part of the United Kingdom has jurisdiction to hear and determine-
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(a) a claim for a charge or interest payable by virtue of section 66; |
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(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. |
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(4) Subsection (3) applies even if the person against whom the claim is made is not resident within the court's jurisdiction.
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| Chargeable air traffic services. |
70. - (1) For the purposes of this Chapter chargeable air traffic services are-
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(a) air traffic services provided in respect of the United Kingdom; |
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(b) air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom; |
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(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; |
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(d) air traffic services for which Eurocontrol is to collect charges under the multilateral agreement relating to route charges signed at Brussels on 12 February 1981. |
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(2) The Secretary of State may by order amend the meaning of chargeable air traffic services for the purposes of this Chapter.
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Miscellaneous |
| Records. |
71. - (1) The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 66.
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(2) The regulations may require operators or owners of aircraft or managers of aerodromes-
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(a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified; |
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(b) to preserve the records for a specified period; |
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(c) to produce relevant records for inspection by specified officers at specified times; |
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(d) to provide specified particulars of relevant records to specified officers. |
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(3) Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.
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(4) The officers who may be specified under subsection (2)(c) or (d) are-
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(a) in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol; |
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(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. |
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(5) The requirements may be imposed on the operator or owner of an aircraft whether or not-
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(a) it is registered in the United Kingdom; |
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(b) it is in the United Kingdom when the services concerned are provided; |
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(c) the services concerned are provided from a place in the United Kingdom. |
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(6) An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
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(7) A record includes (in addition to a record in writing)-
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(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); |
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(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); |
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(8) An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.
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