Air Navigation (Third Amendment) Order 1988
Jurisdiction | UK Non-devolved |
Citation | SI 1988/251 |
1988 No. 251
CIVIL AVIATION
The Air Navigation (Third Amendment) Order 1988
Made 17th February 1988
Laid before Parliament 25th February 1988
Coming into force 21th March 1988
At the Court at Buckingham Palace, the 17th day of February 1988
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 60 (other than sub-section (3)(r)) and 102 of the Civil Aviation Act 19821and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1. This Order may be cited as the Air Navigation (Third Amendment) Order 1988 and shall come into force on 21st March 1988.
Amendment of the Air Navigation Order 1985
2. The Air Navigation Order 1985 (“the principal Order”)2shall be amended as follows:
(1) Article 62 of the principal Order is hereby amended—
(a)
(a) by the deletion of the words “the appropriate authority” wherever they occur therein and the substitution of the words “the Civil Aviation Authority”;
(b)
(b) by the insertion, at the beginning of paragraph (1) thereof, of the words “Subject to paragraph (4) of this article,”; and
(c)
(c) by the deletion of the existing paragraph (4) thereof and the substitution of the following:
“4 The provisions of article 62A of this Order shall have effect, in place of the provisions of this article, in relation to permits to which that article applies.”.
(2) The following new article shall be inserted immediately after article 62 of the principal Order as article 62A thereof:—
“Revocation, suspension or variation of permissions, etc granted under article 83 or article 84
62A.—(1) Subject to the provisions of this article, the Secretary of State may revoke, suspend or vary any permit to which this article applies.
(2) Save as provided by paragraph (3) of this article, the Secretary of State may exercise his powers under paragraph (1) only after notifying the permit-holder of his intention to do so and after due consideration of the case.
(3) If, by reason of the urgency of the matter, it appears to the Secretary of State to be necessary for him to do so, he may provisionally suspend or vary a permit to which this article applies without complying with the requirements of paragraph (2) of this article; but he shall, in any such case, comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either—
(a)
(a) revoke the provisional suspension or variation of the permit; or
(b)
(b) substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional...
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