The Civil Aviation (Documentary Evidence) Regulations 1972

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.