Air Navigation Act 1936
| Jurisdiction | UK Non-devolved |
| Citation | 1936 c. 44 |
Air Navigation Act, 1936
(26 Geo. 5 & 1 Edw. 8.) CHAPTER 44.
An Act to amend the law with respect to aviation and matters connected therewith.
[31st July 1936]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Provisions for the Development, Regulation and Control of Civil Aviation.
1 Agreements for subsidising air transport.
(1) The Secretary of State may, with the approval of the Treasury, agree to pay subsidies to any persons and to furnish facilities for their aircraft, in consideration of undertakings entered into by those persons with respect to the carriage by air of passengers or goods:
Provided that—
(a ) the aggregate amount of the subsidies payable under all the agreements made in pursuance of this section shall not exceed one million five hundred thousand pounds in any financial year; and
(b ) no subsidy shall be payable under any such agreement after the thirty-first day of December, nineteen hundred and fifty-three.
(2) Any sums required by the Secretary of State for the fulfilment of any agreement made in pursuance of this section shall be paid out of moneys provided by Parliament.
(3) It shall be a term of every agreement made in pursuance of this section between the Secretary of State and a company that no subsidy shall be payable under the agreement unless such directions as may have been given by the Secretary of State for securing that one or more of the directors of the company shall be a person or persons nominated by the Secretary of State are complied with.
(4) A copy of every agreement made in pursuance of this section shall, as soon as may be after the agreement is made, be laid before each House of Parliament and if either House, within fourteen days from the day on which a copy of such an agreement is laid before it, resolves that the agreement be annulled, the agreement shall thenceforth be void, without prejudice, however, to the making of a new agreement.
In reckoning any period of fourteen days for the purposes of this subsection, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses of Parliament are adjourned for more than four days.
(5) The Air Transport (Subsidy Agreements) Act, 1930 , shall cease to have effect; but this repeal shall not affect the validity of any agreement made in pursuance of that Act, and every such agreement shall, for the purposes of the proviso to subsection (1) of this section, be deemed to have been made in pursuance of this section.
2 Delegation of certain functions of Secretary of Stateas respects civil aviation.
(1) The Secretary of State may by order provide for delegating to a body appearing to him to be so constituted as to consist of—
(a ) persons substantially representative of the interests concerned with civil aviation (and in particular of operators, constructors and insurers of aircraft), and
(b ) two persons appointed by the Secretary of State, one as being an independent person and the other as being a person who has had not less than five years' professional experience as a pilot of civil aircraft,
such of the administrative functions of the Secretary of State with respect to the matters to which this subsection applies as may be specified in the order, and for entrusting to that body such advisory functions in connection with any of the said matters as may be so specified; and an order under this section may direct that any fees for the time being prescribed by an Order in Council under Part I of the principal Act in relation to matters with respect to which functions are delegated under this section to such a body as aforesaid, shall be paid to, and may be retained by, that body.
The matters to which this subsection applies are the design, construction and maintenance of aircraft, and matters connected therewith.
(2) An order under this section may contain such incidental and supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order, and may be varied or revoked by a subsequent order of the Secretary of State, but the revocation of such an order shall be without prejudice to the making of a new order under this section.
(3) No order delegating or entrusting any functions to such a body as aforesaid shall be made under this section unless, at least twenty days previously, a draft of the order has been laid before each House of Parliament, and if either House, within twenty days from the day on which a draft of such an order is laid before it, resolves that it is inexpedient that an order in terms of the draft should be made, no further proceedings shall be taken thereon, without prejudice, however, to the making of a new draft order.
In reckoning any period of twenty days for the purposes of this subsection, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses of Parliament are adjourned for more than four days.
(4) The Secretary of State may contribute such sums as he may, with the approval of the Treasury, determine, to the payment of any expenses which may be incurred by such a body as aforesaid for the purposes of an order under this section; and any sums required by the Secretary of State for making contributions under this subsection shall be paid out of moneys provided by Parliament.
3 Application to seaplanes of regulations as to ships.
(1) The power of His Majesty in Council under subsection (1) of section four hundred and eighteen of the Merchant Shipping Act, 1894 , to make regulations for the prevention of collisions at sea shall include power to make regulations for the prevention of collisions at sea—
(a ) between seaplanes on the surface of the water, and
(b ) between vessels and seaplanes on the surface of the water;
and the power of His Majesty in Council under subsection (1) of section twenty-five of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932 , to prescribe what signals shall be signals of distress and urgency shall include power to prescribe what signals shall be signals of distress and urgency in the case of seaplanes on the surface of the water; and accordingly the said sections and sections four hundred and nineteen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, as amended by any subsequent Act, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, except that—
(i) the reference in subsection (1) of the said section four hundred and eighteen to the Admiralty and the Board of Trade shall be construed as including a reference to the Secretary of State;
(ii) rules under subsection (2) of the said section twenty-five with respect to seaplanes shall not be made by the Board of Trade except after consultation with the Secretary of State;
(iii) for the purposes of subsection (2) of the said section four hundred and eighteen and for the purposes of the said section four hundred and twenty-four, sections four hundred and eighteen, four hundred and nineteen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, shall be deemed to be the only provisions of Part V of that Act relating to the collision regulations or otherwise relating to collisions; and
(iv) any references in subsection (3) of the said section twenty-five or in the said section four hundred and nineteen to the master or to the person in charge of the deck shall be construed as a reference to the pilot or other person on duty in charge of the seaplane.
In this subsection the expression ‘vessels’ has the same meaning as in the Merchant Shipping Act, 1894.
(2) For the purpose of the Dockyard Ports Regulation Act, 1865 , seaplanes when on the surface of the water shall be deemed to be vessels:
Provided that the persons on whose recommendation rules under section seven of that Act may be made shall, in the case of rules relating to seaplanes, include the Secretary of State.
(3) Any enactment which confers or imposes on a conservancy or harbour authority any power or duty to make byelaws for the regulation of ships or vessels shall be construed as if the power or duty so conferred or imposed included a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, and also a power to include in the byelaws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by the enactment in question to exercise as respects ships or vessels:
Provided that byelaws made by virtue of this subsection shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane.
(4) Where any enactment, whether by virtue of the last preceding subsection or not, confers or imposes on a conservancy or harbour authority a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, or to include in the byelaws such provisions as are mentioned in the said subsection, the following provisions shall have effect:—
(a ) in a case where the enactment provides that the byelaws shall not...
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