Civil Aviation (Eurocontrol) Act 1962
| Jurisdiction | UK Non-devolved |
Civil Aviation (Eurocontrol) Act, 1962
(10 & 11 Eliz. 2) CHAPTER 8
An Act to make provision in connection with the international convention relating to co-operation for the safety of air navigation, known as the Eurocontrol Convention; to provide for the recovery of charges for services provided for aircraft; to authorize the use of certain records as evidence in proceedings for the recovery of such charges or proceedings under the Air Navigation Order; and for purposes connected with the matters aforesaid.
Be it enacted by the Queen'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:—
1 The Convention and the Organisation.
(1) In this Act ‘the Convention’ means the International Convention relating to co-operation for the safety of air navigation (entitled Eurocontrol) concluded at Brussels on the thirteenth day of December, nineteen hundred and sixty (copies of which were laid before Parliament by command of Her Majesty on the thirteenth day of June, nineteen hundred and sixty-one); and ‘the Organisation’ means the European Organisation for the Safety of Air Navigation established by the Convention and therein referred to as Eurocontrol.
(2) Except where the context otherwise requires, references in this Act to the Organisation include references to the Permanent Commission for the Safety of Air Navigation and the Air Traffic Services Agency (in this Act referred to as the Agency) comprised in the Organisation.
2 Status and privileges of Eurocontrol.
(1) The Organisation shall have the legal capacity of a body corporate; and anything which may be required or authorised by law to be done by or to the Organisation may be done by or to the Agency on behalf of the Organisation.
(2) The Organisation shall be entitled to the exemptions and reliefs described in paragraphs 3 to 5 of the Schedule to the International Organisations (Immunities and Privileges) Act, 1950 (rates and taxes, import duties and import and export restrictions).
(3) Any rule of law relating to the inviolability of the official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty shall extend to the official archives of the Organisation, and to premises occupied by the Organisation wholly or mainly for the housing of its installations; and without prejudice to the foregoing provisions, no judgment or order of any court shall be enforced by the levying of execution or by diligence upon anything forming part of any such installations:
Provided that this subsection (except so far as it relates to execution or diligence) shall not preclude access to any premises, or the inspection of any record or document,—
(a ) by a constable or other person acting in the execution of a warrant or other legal process;
(b ) by a Court of Inquiry or an Inspector of Accidents acting in pursuance of regulations made under section ten of the Civil Aviation Act, 1949 (investigation of accidents); or
(c ) by a constable having reason to believe that an offence has been or is being or is about to be committed on the premises.
(4) In this section ‘installations’ means apparatus for locating, directing, affording navigational aid to, or otherwise communicating with aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid.
3 Provision of funds and facilities for Eurocontrol.
(1) The Minister may from time to time pay to the Organisation such sums on account of its expenses as he may with the consent of the Treasury determine, being sums for the payment of which Her Majesty's Government in the United Kingdom are liable under the Convention.
(2) The Minister or the Secretary of State may provide for the Organisation any land, premises, installations, equipment or services (including the services of personnel), whether within or without the United Kingdom, which may be required for the purposes of or in connection with the functions of the Organisation under the Convention.
(3) The following provisions of the Civil Aviation Act, 1949, that is to say—
(a ) section twenty-four (which enables the Minister to obtain rights over land in order to secure the safe and efficient use for civil aviation purposes of land which is vested in him or which he proposes to acquire); and
(b ) section twenty-six (which enables the Minister to exercise control over land in order to secure the safe and efficient use for civil aviation purposes of land, structures, works or apparatus vested in him or which he proposes to acquire or instal),
shall apply in relation to land, structures, works and apparatus vested in or occupied by the Organisation, or proposed to be acquired, occupied or installed by the Organisation, as they apply in relation to land, structures, works or apparatus vested in, or proposed to be acquired or installed by, the Minister.
(4) Any easements, servitudes or rights created by order under the said section twenty-four as extended by this section may be created in favour of the Organisation, and any reference in the said Act to an order for the creation of easements, servitudes or rights in favour of the Minister shall be construed accordingly.
(5) Any expenses incurred by the Minister or the Secretary of State by virtue of this section shall be defrayed out of moneys provided by Parliament, and any sums received from the Organisation by either of them in consideration of anything done under this section shall be paid into the Exchequer.
4 Charges for air navigation services.
(1) The Minister may by statutory instrument make regulations for requiring the payment to the Organisation or to the Minister of charges of such amounts as may be prescribed by the regulations in respect of navigation services provided for aircraft, being services provided by the Organisation in pursuance of the Convention, or provided by the Minister, as the case may be; and any sums received by the Minister under such regulations shall be paid into the Exchequer.
(2) The liability for any charges payable by virtue of regulations under this section may be imposed upon the operators of aircraft for which those services are available (whether or not they are actually used or could be used with the equipment installed in the aircraft) or upon the managers of aerodromes used by such aircraft, or partly upon those operators and partly upon those managers.
(3) The charges to be prescribed by any such regulations as aforesaid shall—
(a ) in the case of charges payable to the Organisation, be at such rates as the Minister may determine in pursuance of tariffs approved under the Convention;
(b ) in the case of charges payable to the Minister, be at such rates as the Minister may, with the consent of the Treasury, determine;
and the regulations may prescribe different charges in respect of aircraft of different classes or descriptions or in respect of aircraft used in different circumstances, and may dispense with charges in such cases as may be prescribed by or determined under the regulations.
(4) For the purpose of facilitating the assessment and collection of charges payable by virtue of regulations under this...
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