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Civil Aviation Act 1971

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Regulation of provision of accommodation in aircraft

26Regulation of provision of accommodation in aircraft

(1)Provision may be made by regulations for securing that a person does not in the United Kingdom—

(a)make available, as a principal or an agent, accommodation for the carriage of persons or cargo on flights in any part of the world ; or

(b)hold himself out as a person who, either as a principal or an agent or without disclosing his capacity, may make such accommodation available,

unless he is the operator of the relevant aircraft or holds and complies with the terms of a licence issued in pursuance of the regulations or is exempted by or under the regulations from the need to hold such a licence.

(2)Regulations made for the purposes of the preceding subsection may contain such provisions as the Secretary of State, after consultation with the Authority, considers appropriate for those purposes and may, without prejudice to the generality of the preceding provisions of this subsection, include provision—

(a)as to the circumstances in which licences shall or shall not be issued in pursuance of the regulations;

(b)as to the terms of licences, which may include terms as to the minimum charges which are to be made and the goods, services and other benefits which are or are not to be furnished by any person whatsoever under or in connection with any contract which includes provision for the making available of accommodation on flights to which the licences in question relate ;

(c)for the variation, suspension and revocation of licences ;

(d)for appeals against refusals, variations, suspensions or revocations of licences to lie to a prescribed body or person (which may be a court, a Minister of the Crown, a body or person constituted or appointed by or under the regulations or such other body or person as the Secretary of State thinks fit) and for applying the provisions of any enactment, with or without modifications, in relation to such appeals ;

(e)for imposing penalties for contraventions of the regulations not exceeding in the case of each contravention a fine of £400 on summary conviction and a fine and imprisonment for a term not exceeding two years on conviction on indictment;

(f)for repealing, either wholly or in relation to prescribed cases, so much of subsection (5) of section 21 of this Act as begins with the word " and " at the end of paragraph (a) and in subsection (6) of that section the words from " and for the purpose " onwards ;

and section 38(2) of the [1889 c. 63..] Interpretation Act 1889 (which relates to the effect of repeals) shall apply to a repeal made by virtue of paragraph (f) of this subsection as if it were made by an Act passed after this Act.

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