The Civil Aviation (Canadian Navigation Services) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 2144

CIVIL AVIATION

The Civil Aviation (Canadian Navigation Services) (Amendment) Regulations 1995

Made

15th August 1995

Laid before Parliament

16th August 1995

Coming into force

1st September 1995

The Secretary of State for Transport, in exercise of the powers conferred by section 73(1)(a), (4) and (6)(a) of the Civil Aviation Act 1982(1) and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:

1.  These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Amendment) Regulations 1995 and shall come into force on 1st September 1995.

2.  The Civil Aviation (Canadian Navigation Services) Regulations 1994(2), shall be amended as follows:

(a) in regulation 4(1)(a) for “a charge of $129.44 Canadian” there shall be substituted “a charge of $142.10 Canadian”;

(b) in regulation 4(1)(b) for “a charge of $92.02 Canadian” there shall be substituted “a charge of $209.00 Canadian”; and

(c) in regulation 6 for the words “the CAA may sell the aircraft” there shall be substituted the words “the CAA may, subject to the provisions of the following regulations, sell the aircraft”.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

4th August 1995

We consent to the making of these Regulations

David Willetts

Simon Burns

Two of the Lord’s Commissioners of Her Majesty’s Treasury

15th August 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Aviation (Canadian Navigation Services) Regulations 1994 (“the Principal Regulations”) as follows:

1.  In respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of air navigation services provided by or on behalf of the Government of Canada within the Gander Flight Information Region, other than a flight described in regulation 4(1)(d) of the Principal Regulations, the charge is increased from $129.44 Canadian to $142.10 Canadian.

2.  In respect of each flight between any two points one of which is in Europe (including Iceland) or Greenland in the course of which the aircraft makes use of air navigation services provided by the Edmonton Area Control Centre, other than a flight described in regulation 4(1)(d) of the Principal Regulations, the charge is increased from $92.02 Canadian to $209.00 Canadian.

3.  The power conferred by regulation 6 of the Principal Regulations to sell aircraft is expressed to be subject to the provisions of the regulations which follow it. This is because paragraph 2(1)(c) of Schedule 2 to the Principal Regulations provides for the relevant notice to indicate that sale may take place either within a 56 day period or within 21 days of the date the notice is served, whichever is the later.

Charges under the Regulations are payable to the Civil Aviation Authority which is required to remit them to the Government of Canada.

(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).

(2)

S.I. 1994/2325.