The Transport Act 2000 (Amendment) Order 2001

Statutory Instruments

2001 No. 492

CIVIL AVIATION

The Transport Act 2000 (Amendment) Order 2001

Made

21st February 2001

Laid before Parliament

22nd February 2001

Coming into force

1st April 2001

The Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred by section 77(5) of the Transport Act 2000(1), after consultation as required by section 103(11) of that Act with the Civil Aviation Authority (there being at the time when this Order is made no holders of licences under Chapter I of Part I of that Act), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Transport Act 2000 (Amendment) Order 2001 and shall come into force on 1st April 2001.

Amendment of section 77 of the Transport Act 2000

2.—(1) Section 77 of the Transport Act 2000 (chargeable air services) shall be amended as follows.

(2) In subsection (3)(a) at the end there shall be added the words “other than services which fall within subsection (3A)”.

(3) After subsection (3) there shall be inserted the following—

“(3A) Air traffic services fall within this subsection if—

(a) they are services for which Eurocontrol is to collect charges under the Eurocontrol agreement, and

(b) they are provided by the owner or manager of an aerodrome or by his employee under a contract or other arrangement made by the owner or manager with the CAA and the CAA in making that contract or other arrangement is acting in pursuance of its air navigation functions (within the meaning of Chapter III).”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Bob Ainsworth

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

21st February 2001

Explanatory Note

(This note is not part of the Order)

This Order amends section 77 of the Transport Act 2000 (chargeable air services) to extend the meaning of “chargeable air services”.

The effect of the amendments is that air traffic services which are provided by the owner or manager of an aerodrome or by his employee are chargeable air services if—

(a) they are services for which Eurocontrol is to collect charges under the multilateral agreement relating to route charges signed at Brussels on 12th February 1981; and

(b) they are provided under contract or other arrangement made by the owner or manager and the Civil Aviation Authority where, in making that contract or other arrangement, the Civil Aviation Authority is acting in the performance of functions with regard to air navigation which it is directed to perform pursuant to section 66(1) of the Act.

(1)

2000 c. 38.