1. The Committee has considered the instruments set
out in the Annex to this Report and has determined that the special
attention of both Houses does not require to be drawn to any of
2. A memorandum from the Home Office in connection
with the Immigration (Suspension of Detainee Custody Officer Certificate)
Regulations 2001 (S.I. 2001/241) is printed in Appendix 1.
Air Traffic Services (Exemption)
Order 2001 (S.I. 2001/287)
3. The Committee draws the special attention of both
Houses to this Order on the ground that a term used within a definition
contained in the Order requires elucidation.
4. The Order authorises the provision of air traffic
services, within the vicinity of aerodrome traffic zones. It thus
grants an exemption under section 4 of the Transport Act 2000
from the offence of providing air traffic services in respect
of a managed area, which is created in section 3 of that Act.
5. Article 2 of the Order defines "aerodrome
traffic zone" separately for an aerodrome which is not on
an offshore installation and for one which is. However the term
"offshore installation" is not itself defined in the
Order. The Committee therefore asked the Department why it had
not defined the term, and asked for a definition of it.
6. The Department, in its memorandum printed in Appendix
2, explains that the expression "aerodrome traffic zone"
is intended to mirror, with limited modifications, the definition
of the same term in article 129(1) of the Air Navigation Order
2000 (S.I. 2000/1562); and that the meaning of "offshore
installation" in the Order with which the Committee is concerned
is intended to be exactly the same as in the Air Navigation Order.
However, the term "offshore installation" is not defined
in that Order, nor in either of the Acts which confer powers to
make that Order. A definition was given, however, in the predecessor
to the Air Navigation Order, the Air Navigation (No. 2) Order
1995 (S.I. 1995/1970), which stated that the term "offshore
installation" has the same meaning as in section 1 of the
Mineral Workings (Offshore Installations) Act 1971. However, that
definition was amended in a way which was no longer suitable for
the purposes of the Air Navigation Order from which the definition
was therefore removed.
7. Hence the Department decided that no definition
was required in either the Air Navigation Order 2000 or in the
Exemption Order. In the absence of an express definition the Department
notes that the term should be understood according to its ordinary
meaning, which, in the Department's view, is "a floating
structure or device which has been established for the carrying
on of activities to which the Mineral Workings (Offshore Installations)
Act 1971 formerly applied, that is mineral workings such as oil
or gas exploration or extraction". In the Committee's view
the ordinary meaning of the expression "offshore installation"
may be thought to be wider than the meaning intended by the Department,
which incorporates the particular features of a structure which
floats and which is used for mineral exploration or extraction.
The Committee therefore reports article 2 of the Order as requiring
the elucidation provided by the Department's memorandum.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back