Civil Aviation (Licensing) Act 1960

JurisdictionUK Non-devolved
Citation1960 c. 38


Civil Aviation (Licensing) Act, 1960

(8 & 9 Eliz. 2) 38

An Act to prohibit certain flying except under a licence or other authority and to repeal section twenty-four of the Air Corporations Act, 1949; 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:—

Licensing of certain flying

Licensing of certain flying

S-1 Establishment of licensing authority, and restriction of unlicensed flying.

1 Establishment of licensing authority, and restriction of unlicensed flying.

(1) There shall be established in accordance with the provisions of the Schedule to this Act an Air Transport Licensing Board (in this Act referred to as ‘the Board’) with the general duty of exercising their functions under this Act in such a manner as to further the development of British civil aviation.

(2) No aircraft shall be used on any flight for reward or in connection with any trade or business except under and in accordance with the terms—

(a ) of such certificate, if any, (in this Act referred to as an ‘air operator's certificate’) as any Order in Council for the time being in force under section eight of the Civil Aviation Act, 1949, may require the operator of the aircraft to hold for the purposes of such flights as that in question, being a certificate of his competence to secure that aircraft operated by him on such flights are operated safely; and

(b ) subject to subsection (3) of this section, of a licence granted to the operator of the aircraft by the Board under section two of this Act (in this Act referred to as an ‘air service licence’), being a licence authorising the operator to operate aircraft on such flights as that in question.

(3) The Minister may by regulations provide that paragraph (b ) of the last foregoing subsection shall not apply to flights of such descriptions as may be specified in the regulations, and may by instrument in writing exempt from the requirements of the said paragraph (b ) any other particular flight or series of flights.

(4) This section shall apply to—

(a ) any flight in any part of the world by an aircraft registered in the United Kingdom; and

(b ) any flight beginning or ending in the United Kingdom by an aircraft registered in such other country or territory, if any, as may be prescribed.

S-2 Air service licences.

2 Air service licences.

(1) Any application to the Board for the grant of an air service licence shall contain such particulars as may be prescribed; and, subject to the provisions of this section and of any relevant regulations under section five of this Act, the Board may at their discretion, after consulting with such persons, if any, as may be prescribed, either refuse the application or grant the applicant an air service licence for any air transport service or other purpose specified in the licence (being a service or other purpose proposed in the application with such modifications, if any, as the Board may think fit) for such term and subject to such conditions, if any, of the prescribed descriptions as may be so specified.

(2) In exercising their functions under this section the Board shall consider in particular—

(a ) whether they are satisfied that, having regard in particular to his experience and financial resources and, subject to subsection (4) of this section, to his ability to provide satisfactory equipment, organisation and staffing arrangements, and having regard also to any contravention in respect of aircraft operated by him of the provisions of section one of this Act, the applicant is competent, and a fit and proper person, to operate aircraft for the purposes for which he seeks an air service licence;

(b ) the provision made or proposed to be made against any liability in respect of loss or damage to persons or property which may be incurred in connection with aircraft operated by the applicant;

(c ) any unfair advantage of the applicant over other operators by reason of the terms and conditions of employment of his servants;

(d ) the existing or potential need or demand for any air transport service proposed;

(e ) in the case of any air transport service proposed, the adequacy of any similar service authorised by any air service licence already granted and the tariff, if any, in respect of that similar service;

(f ) the extent to which any air transport service proposed would be likely to result in wasteful duplication of, or in material diversion of traffic from, any air transport service which is being, or is about to be, provided under any air service licence already granted;

(g ) any capital or other expenditure reasonably incurred, or any financial commitment or commercial agreement reasonably entered into, in connection with the operation of aircraft on air transport services by any person (including the applicant) who is the holder of any air service licence already granted;

(h ) any objections or representations made in accordance with any relevant regulations under section five of this Act.

(3) The Minister and the Board shall from time to time consult together with regard to relations with other countries or territories affecting the exercise of the Board's functions; and if in the case of any application for an air service licence the Minister so directs in writing on the ground that any air transport service proposed in the application would in his opinion involve the negotiation with the government of some other country or territory of rights which it would be inexpedient for the time being to seek, the Board shall forthwith refuse that application so far as it relates to that service.

(4) For the purposes of paragraph (a ) of subsection (2) of this section, the Board shall not consider the matters in respect of which an air operator's certificate is required, that is to say, the competence of the applicant to secure that aircraft operated by him will be operated safely.

(5) Every air service licence authorising an air transport service shall include a provision with respect to the tariff to be charged in respect of that service, being—

(a ) in the case of a service between terminal points one of which is in the United Kingdom and the other of which is in the United Kingdom, one of the Channel Islands or the Isle of Man, a provision setting out that tariff;

(b ) in any other case, either a provision setting out that tariff or a provision specifying the manner in which that tariff is to be determined;

and in a case falling within paragraph (b ) of this subsection the licence shall be of no effect until the said provision has been confirmed by the Minister either without modification or with such modifications as he may think fit after consultation with such holders of air service licences and other persons as he may consider appropriate:

Provided that, in such cases or classes of cases as may be prescribed, this subsection shall have effect subject to such exceptions or modifications as may be prescribed in relation to the case or class of cases in question.

(6) The Minister may by order made by statutory instrument authorise the grant of an air service licence to any person specified in the order (being a person who provided air transport services before the date of the coming into force of subsection (2) of section one of this Act) in respect of any air transport service so specified for such term and subject to such conditions, if any, as may be so specified in relation to that service; and, without prejudice to their powers under section three of this Act, the Board shall grant that licence forthwith without any application being made therefor:

Provided that the Minister shall not make any order under this subsection after the expiration of the period of three months beginning with the said date.

(7) Except with the consent of the Minister, which may be granted either generally or in respect of a particular case or class of cases, the Board shall not grant an air service licence to any person who is not either—

(a ) a citizen of the United Kingdom and Colonies, a citizen of the Federation of Rhodesia and Nyasaland, a citizen of the State of Singapore or a British protected person; or

(b ) a body incorporated in the United Kingdom or in any part thereof, or in any of the Channel Islands, the Isle of Man, the said Federation, or a colony, protectorate or United Kingdom trust territory, being a body which in the opinion of the Board is substantially controlled by persons each of whom is either a citizen of the United Kingdom and Colonies, a citizen of the said Federation, a citizen of the said State or a British protected person.

(8) If, while an air service licence is in force and not later than the prescribed time before the expiry of the term for which it was granted, the holder thereof applies to the Board for the grant of a new air service licence in continuation thereof or in substitution therefor, then, without prejudice to the powers of the Board under section three of this Act, unless the application is withdrawn the first-mentioned licence shall not cease to be in force by reason of the expiry of the said term until the Board have given their determination on the application nor, if the application is refused or if any new licence granted differs in its terms from the first-mentioned licence, until—

(a ) the expiration of the period prescribed under section five of this Act for appealing against the Board's decision; and

(b ) if an appeal is duly made within that period, the determination or abandonment of the appeal; and

(c ) in the case of a successful appeal against a refusal of the application, the date of the coming into force of the new licence.

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