Colonial Civil Aviation (Application of Act) Order, 1952
| Jurisdiction | UK Non-devolved |
| Citation | SI 1952/868 |
| Year | 1952 |
1952 No. 868
The Colonial Civil Aviation (Application of Act) Order, 195229thApril 1952
30thApril 1952
1stJuly 1952
At the Court at Windsor Castle, the 29th day of April, 1952
Present,
The Queen's Most Excellent Majesty in Council
Whereas in exercise of the powers vested in Him by virtue of the Air Navigation Acts, 1920(a) and 1936(b), and the Air Navigation Act, 1947(c), His late Majesty King George the Sixth was pleased to make the Colonial Air Navigation (Application of Acts) Orders, 1937(d) to 1947(e) (hereinafter referred to as the principal Order), extending certain of the provisions of the said Acts, adapted and modified as provided in the principal Order, to the territories therein mentioned:
And Whereas the Acts aforesaid (except certain provisions of the Air Navigation Act, 1936) were repealed and replaced by the Civil Aviation Act, 1949(f):
And Whereas by subsection (1) of section 66 of the Civil Aviation Act, 1949, it is provided that Her Majesty may by order in Council direct that any of the provisions of the said Act set out in Part II of the Ninth Schedule to the said Act shall extend with such exceptions, adaptations and modifications, if any, as may be specified in the Order in Council, to any such territory as is referred to in the said subsection (1):
And Whereas it is expedient to revoke the Colonial Air Navigation (Application of Acts) Orders, 1937 to 1947, and to extend certain of the provisions of the Civil Aviation Act, 1949, to the territories mentioned in the Second Schedule to this Order:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Civil Aviation Act, 1949, 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:—
Short title and commencement
1.—(1) This Order may be cited as the Colonial Civil Aviation (Application of Act) Order, 1952.
(2) This Order shall come into force on the first day of July, 1952.
(b) 26 Geo. 5 & 1 Edw. 8. c. 44.
(c) 10 & 11 Geo. 6. c. 18.
(d) S.R. & O. 1937/378; Rev. I, p. 1200; 1937, p. 141.
(e) S.R. & O. 1947/2738; Rev. I, p. 1200; 1947 I, p. 70.
(f) 12, 13 & 14 Geo. 6. c. 67.
Interpretation
2.—(1) In this Order unless the context otherwise requires—
"Colony" means any of the colonies, protectorates or other territories mentioned in the Second Schedule 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;
"The East African Territories" means the Colony and Protectorate of Kenya, Tanganyika and the Uganda Protectorate;
"The High Commission" means the East Africa High Commission established by the East Africa (High Commission) Order in Council, 1947(a).
(2) In this Order references to "Her Majesty's dominions" shall be construed as though British protectorates and protected states, and mandated 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(b), shall apply for the purposes of the interpretation of this Order as it applies for the purposes of the interpretation of an Act of Parliament and as if this Order were an Act of Parliament.
Application of Civil Aviation Act, 1949, to Colonial territories
3. The provisions of sections 8, 9, 10, 11, 13, 14, 19, 27, 38, 40, 41, 49, 51, 53, 57, 58, 59, 60, 61, 62 and 63 of the Civil Aviation Act, 1949, adapted and modified as set out in the First Schedule hereto, are hereby extended to the territories mentioned in the Second Schedule hereto.
Application of Civil Aviation Act, 1949, to East African Territories
4.—(1) Sections 8, 9, 10, 11, 13 and 14 of the Civil Aviation Act, 1949, as extended to the East African Territories by Article 3 of this Order, shall have effect in relation to each of those territories as if for references in the said Sections to the Governor there were substituted references to the High Commission.
(2) The High Commission may by order published in the Official Gazette of the High Commission declare that, subject to such limitations and conditions as may be prescribed by the order, any of the powers conferred or duties imposed upon the High Commission by virtue of paragraph (1) of this Article may be exercised or shall be performed in relation to any of the East African Territories by the Governor of that territory.
(3) Where by virtue of a declaration made under paragraph (2) of this Article any power may be exercised or any duty is to be performed by the Governor of any of the East African Territories then—
(a) the High Commission shall not exercise such power or perform such duty in relation to that territory; and
(b) in the exercise of such power or the performance of such duty the Governor may, in relation to that territory, revoke or vary any instrument
(a) S.R. & O. 1947/2863; Rev. XI, p. 695; 1947 I, p. 758.
(b) 52 & 53 Vict. c. 63.
or thing previously made or done by the High Commission to the same extent as such instrument or thing could, but for the provisions of sub-paragraph (a) of this paragraph, have been revoked or varied by the High Commission.
(4) (a) The High Commission may, by a further order published in like manner, revoke or vary any order made under paragraph (2) of this Article.
(b) Where, by reason that any such order has been so revoked or varied or has otherwise ceased to have effect, any power or duty ceases to be exercisable or is no longer to be performed by the Governor of any East African territory, any instrument made or other thing done by the Governor in the exercise or performance of such power or duty shall, if in force immediately before such revocation or variation, continue in force, but may be revoked or varied by the High Commission as if it had been made or done by the High Commission.
Interpretation in relation to East African Territories
5. Any reference to the Governor in sections 57, 58 or 59 of the Civil Aviation Act, 1949, as extended to the East African Territories by Article 3 of this Order, shall in relation to each of those territories be construed as including a reference to the High Commission.
Revocation
6.—(1) The following Orders are hereby revoked—
The Colonial Air Navigation (Application of Acts) Order, 1937(a);
The Colonial Air Navigation (Application of Acts) (Amendment) Order, 1937(b);
The Colonial Air Navigation (Application of Acts) (Amendment) Order, 1938(c);
The Colonial Air Navigation (Application of Acts) (Amendment) Order, 1947(d);
(2) Nothing in this revocation 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.
(3) In this Article "instrument" includes any order, regulation, direction, instruction, rule or other requirement, any notice and any certificate, licence, validation or other authority.
(4) 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.
F. J. Fernau.
(a) S.R. & O. 1937/378; Rev. I, p. 1200; 1937, p. 141.
(b) S.R. & O. 1937/1064; Rev. I, p. 1200; 1937, p. 153.
(c) S.R. & O. 1938/736; Rev. I, p. 1329; 1938 I, p. 32.
(d) S.R. & O. 1947/2738; Rev. I, p. 1200; 1947 I, p. 70.
SCHEDULE I
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...
To continue reading
Request your trial