Civil Aviation Act 1949 (Overseas Territories) Order 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/592 |
| Year | 1969 |
1969 No. 592
CIVIL AVIATION
The Civil Aviation Act 1949 (Overseas Territories) Order 196923rdApril 1969
29thApril 1969
30thApril 1969
At the Court at Windsor Castle, the 23rd day of April 1969
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by section 66 of the Civil Aviation Act 1949(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1.—(1) This Order may be cited as the Civil Aviation Act 1949 (Overseas Territories) Order 1969.
(2) This Order shall come into operation on 30th April 1969.
(3) The Orders set out in Schedule 1 to this Order are revoked in so far as they form part of the law of the territories specified in Schedule 3 to this Order:
Provided that nothing in this paragraph shall affect the operation of section 13 of the Civil Aviation Act 1949 as extended to the said territories by the Colonial Civil Aviation (Application of Act) Order 1952(b), which section is, for the sake of convenience, reproduced in paragraph 5 of Schedule 2 to this Order.
(4) Nothing in paragraph (3) of this Article shall affect—
(a) any Order in Council made under any enactment revoked by this Order;
(b) any instrument or other thing made or done or having effect under any of the enactments revoked by this Order or under any such Order as is mentioned in subparagraph (a) of this paragraph;
but any such Order or instrument or thing aforesaid shall, if and so far as in force immediately before the coming into force of this Order, continue in force (subject however, to any Order in Council or instrument or thing made or done after the coming into force of this Order) and so far as it could have been made or done under this Order shall have effect as if made or done under this Order.
(a) 1949 c. 67.
(b)S.I. 1952/868 (19521, p. 565).
(5) In this Article "instrument" includes any order, regulation, direction, instruction, rule or other requirement, any notice and any certificate, licence, validation or other authority.
(6) Any document referring to any enactment revoked by this Order shall be construed as referring to this Order or to the corresponding enactment in this Order.
2.—(1) In this Order unless the context otherwise requires—
"Central and Southern Line Islands" means the islands of Malden, Starbuck, Vostock, Caroline and Flint;
"Colony" means any of the colonies, protectorates or other territories mentioned in Schedule 3 to this Order, and includes the dependencies of a colony;
"Chicago Convention" means the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the seventh day of December 1944;
"Government Aerodrome" means an aerodrome under the control of the Governor and a naval, military or air force aerodrome;
"Governor" means the officer for the time being administering the Government of the Colony.
(2) In this Order references to "Her Majesty's dominions" shall be construed as though British protectorates and protected states and trust territories administered by the Government of any part of Her Majesty's dominions, formed part of Her Majesty's dominions.
(3) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament.
3. The provisions of sections 8, 9, 10, 11, 14, 27, 38, 40, 41, 51, 53, 57, 58, 59, 60, 61, 62 and 63 of the Civil Aviation Act 1949, adapted and modified as set out in Schedule 2 hereto, are hereby extended to the territories mentioned in Schedule 3 hereto.
W. G. Agnew.
SCHEDULE 1
Article 1(3).
ORDERS REVOKED
Order Reference
The Colonial Civil Aviation S.I. 1952/868 (1952 I, p. 565)
(Application of Act) Order 1952
The Colonial Civil Aviation S.I. 1953/591 (1953 I, p. 275)
(Application of Act) (Amendment)
Order 1953
The Colonial Civil Aviation S.I. 1953/1669 (1953 I, p. 277)
(Application of Act) (Amendment)
(No. 2) Order 1953.
The Colonial Civil Aviation S.I. 1954/830 (1954 I, p. 463).
(Application of Act) (Amendment)
Order 1954.
(a) 1889 c. 63.
Order Reference
The Colonial Civil Aviation S.I. 1955/709 (1955 I, p. 458).
(Application of Act) (Amendment)
Order 1955.
The Colonial Civil Aviation S.I. 1958/1514 (1958 I, p. 303).
(Application of Act) (Amendment)
Order 1958.
The Colonial Civil Aviation S.I. 1959/1052 (1959 I, p. 684).
(Application of Act) (Amendment)
Order 1959.
The Colonial Civil Aviation S.I. 1961/2317 (1961 III, p. 4271).
(Application of Act) (Amendment)
Order 1961.
The Colonial Civil Aviation S.I. 1965/980 (1965 I, p. 2419).
(Application of Act) (Amendment)
Order 1965.
Article 3.
SCHEDULE 2
PART II
REGULATION OF CIVIL AVIATION
General
Power to give effect to Chicago Convention and regulate air navigation.
1. Section 8.—(1) Her Majesty may by Order in Council make such provision as appears to Her to be requisite or expedient—
(a) for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or
(b) generally for regulating air navigation.
(2) Her Majesty may by Order in Council make provision—
(a) as to the registration of aircraft in the Colony;
(b) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the Order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified either in the Order or by the Governor;
(c) for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;
(d) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified either in the Order or by the Governor except in accordance with provisions in that behalf contained in the Order, and for the licensing of those employed at aerodromes licensed under the Order in the inspection or supervision of aircraft;
(e) as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving the Colony may fly, and as to the conditions under which aircraft may fly from one part of the Colony to another;
(f) as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be specified either in the Order or by the Governor;
(g) for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft;
(h) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph;
(i)for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;
(j) for regulating the making of signals and other communications by or to aircraft and persons carried therein;
(k) for regulating the use of the civil air ensign and any other ensign established by Her Majesty in Council for purposes connected with air navigation;
(l) for prohibiting aircraft from flying over such areas in the Colony as may be specified either in the Order or by the Governor;
(m) for applying, adapting or modifying, or enabling the Governor to apply, adapt or modify, the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried therein and for preventing smuggling by air, and for permitting, or enabling the Governor to permit, in connection with air navigation, subject to such conditions as appear to Her Majesty in Council, or to the Governor, as the case may be, to be requisite or expedient for the protection of the revenue, the importation of goods into the Colony without payment of duty;
(n) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the Order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
(o) for regulating, or enabling the Governor to regulate, the charges that may be made for the use of aerodromes licensed under the Order and for services provided at such aerodromes;
(p) for prescribing, or enabling the Governor to prescribe, the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by, or in pursuance of, the Order and in respect of any other matters in respect of which it appears to Her Majesty in Council, or to the Governor, to be expedient for the purpose of the Order to charge fees;
(q) for exempting from the provisions of the Order or any of them any...
To continue reading
Request your trial