Statutory Instrument 1994 No. 3055

The Civil Aviation (Joint Financing) Regulations 1994

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© Crown Copyright 1994

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1994 No. 3055

CIVIL AVIATION

The Civil Aviation (Joint Financing) Regulations 1994

The Secretary of State, in exercise of his powers under sections 73(1)(a), (3), (4), (6)(a) and (9) and 74(4)(a) and (5) and 102(2)(b) of the Civil Aviation Act 1982^[1], and of all other powers enabling him in that behalf, and with the consent of the Treasury in respect of regulations 4 and 5, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Civil Aviation (Joint Financing) Regulations 1994 and shall come into force on 1st January 1995.

Interpretation
    2.    In these Regulations "authorised person" means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases, and other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989^[2].

Revocation
    3.    The Regulations specified in Schedule 1 hereto are hereby revoked.

Charges for services provided by the Governments of Denmark and Iceland
    4.—(1)  In respect of each crossing between Europe and North America by an aircraft, wherever registered, in the course of which the aircraft is at any time north of the 45th parallel North between the meridians of 15° West and 50° West, the operator of the aircraft shall, upon completion of the crossing, pay to the CAA a charge of £40.70 computed as follows—

in respect of air navigation services provided by the Government of Denmark for such crossings £10.88;


in respect of air navigation services provided by the Government of Iceland for such crossings £29.82.

    (2)  If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Canada, Greenland and the United States of America, Greenland and Iceland or Iceland and Europe, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).

    (3)  If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Europe, Iceland and Canada or Iceland and the United States of Amercia, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, two thirds of the amount of the charges specified in paragraph (1).

    (4)  If an aircraft, wherever registered, without making a crossing for which a charge is specified in paragraph (1), (2) or (3), makes a crossing—
 (a) between any point and Europe, or
 (b) between any point and Iceland
in the course of which the aircraft does not cross the coast of North America but does cross the meridian of 30° West north of the 45th parallel North, the operator shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).

    (5)  If the CAA 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 CAA that some other person is the operator; and from the time when the notice is given the CAA 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 as if he were the operator.

    (6)  For the purposes of this regulation—
 (a) a crossing shall be counted whether or not the aircraft takes off or lands in the areas mentioned;
 (b) "Europe" shall not include Iceland or the Azores.

Dispensations
    5.    The CAA may dispense wholly or in part with any charge payable under regulation 4 of these Regulations, if it determines that it is proper to do so, having regard to all the circumstances of the case.

Detention and sale of the aircraft for unpaid charges
    6.    Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either,
 (a) the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
 (b) any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.

    7.    The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein—
 (a) disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
 (b) gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.

    8.    The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for -charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.

    9.    The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.

    10.    The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say—
 (a) in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
 (b) in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
 (c) in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
 (d) in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.

    11.    The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 and 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.

    12.    The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.

    13.    The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies.

    14.    Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.

Disposal by the CAA of charges received under the Regulations
    15.—(1)  Subject to paragraphs (2) and (3) of this regulation, the CAA shall remit to the Governments of Denmark and Iceland such sums as it may receive under these Regulations in respect of air navigation services provided respectively by those Governments.

    (2)  The CAA shall deduct from the sums so received a sum of 9.705% thereof and shall remit this sum to the International Civil Aviation Organisation in respect of air navigation services provided by that Organisation.

    (3)  The CAA may deduct from the sums so received and may retain as a fee a sum not exceeding 5% thereof.

Signed by authority of the Secretary of State for Transport

Goschen

Parliamentary Under Secretary of State, Department of Transport

23rd November 1994
We consent to the making of regulations 4 and 5 of these Regulations.

Tim Wood

Derek Conway

Two of the Lords Commissioners of Her Majesty's Treasury

29th November 1994

[1] 1982 c. 16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11). The expression "prescribed" is defined in section 105(1). back

[2] S.I. 1989/2004, to which there are amendments not relevant to these Regulations. back

Explanatory Note