Search Legislation

The Civil Aviation (Documentary Evidence) Regulations 1972

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Statutory Instruments

1972 No. 187

CIVIL AVIATION

The Civil Aviation (Documentary Evidence) Regulations 1972

Made

14th February 1972

Laid before Parliament

17th February 1972

Coming into Operation

1st April 1972

The Secretary of State, in exercise of the powers conferred upon him by section 6 of the Tokyo Convention Act 1967, section 19(4) of the Civil Aviation Act 1971 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Civil Aviation (Documentary Evidence) Regulations 1972 and shall come into operation on 1st April 1972.

2.  Subject to the provisions of Regulation 3(2) of these Regulations, the Civil Aviation (Documentary Evidence) Regulations 1969(1) are hereby revoked.

3.—(1) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

(2) Section 38(2) of the Interpretation Act 1889 (which relates to the effect of repeals) shall apply to these Regulations as if these Regulations were an Act of Parliament and as if the Regulations revoked by Regulation 2 of these Regulations were an Act of Parliament thereby repealed.

4.—(1) For the purposes of section 6 of the Tokyo Convention Act 1967 each person named in column 1 of the Schedule hereto is hereby designated for the purpose of certifying a document as being, or being a true copy of, or of part of, a document or record of a description appearing opposite their respective names in column 2 of the said Schedule.

(2) In any legal proceedings a document certified by the Civil Aviation Authority as being, or as being a true copy of, an instrument made by the Authority shall be evidence, and in Scotland sufficient evidence, of that instrument.

(3) In any legal proceedings it shall be evidence, and in Scotland sufficient evidence, of the publication of any notice or other matter by the Authority, to produce a copy, certified by the Authority, of the issue of the Authority's official record in which the notice or other matter appears.

5.  The Secretary of State and the Civil Aviation Authority are hereby designated for the purposes of section 5(1) of the Civil Aviation (Eurocontrol) Act 1962.

Michael Noble

Minister for Trade

Department of Trade and Industry

14th February 1972

SCHEDULEPerson designated for the purpose of certifying documents

Column 1Column 2
PersonDocuments and Records
The Secretary of StateAll documents issued and records kept by the Board of Trade or the Secretary of State in pursuance of an Order in Council made under section 8 of the Civil Aviation Act 1949.
The Civil Aviation AuthorityAll documents issued in pursuance of an Order in Council made under section 8 of the Civil Aviation Act 1949 by the Board of Trade, the Secretary of State, the Air Registration Board or by a person for the time being holding the office of Director of Aviation Safety or of Deputy to the said Director, or issued by the Air Transport Licensing Board in pursuance of the Civil Aviation (Licensing) Act 1960.

EXPLANATORY NOTE

These Regulations revoke and re-enact, with modifications, the Civil Aviation (Documentary Evidence) Regulations 1969.

Section 6(1) of the Tokyo Convention Act 1967 provides that a document purporting to be certified by such authority or person as may be designated for the purpose by regulations made by the Secretary of State as being, or being a true copy of, or of part of, a document issued or record kept by a Minister, a government department, officer of a government department or the Air Registration Board or the Air Transport Licensing Board in pursuance of an Order in Council made under section 8 of the Civil Aviation Act 1949, or in pursuance of the Civil Aviation (Licensing) Act 1960, shall be evidence of the matters referred to in that document. These Regulations designate the person who may certify such documents.

The Regulations also designate the Secretary of State and the Civil Aviation Authority for the purposes of section 5(1) of the Civil Aviation (Eurocontrol) Act 1962, which, as amended by section 6(2) of the Tokyo Convention Act 1967, provides for the use as evidence in any legal proceedings of records made by designated authorities and persons which purport to show the position of an aircraft or the terms or content of any message or signal transmitted to or received from an aircraft by such authorities or persons.

Pursuant to section 19(4) of the Civil Aviation Act 1971 these Regulations also provide that in any legal proceedings production of a certified copy of an instrument made by the Authority or of the relevant issue of the Authority's official record shall be evidence of the instrument or of the publication by the Authority of any matter.

(1)

(1969 III, p. 5475).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources