The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2999 |
| Year | 2007 |
2007 No. 2999
civil aviation
The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007
Made 19th October 2007
Laid before Parliament 22th October 2007
Coming into force 14th November 2007
The Secretary of State for Transport, in exercise of the powers conferred upon her by sections 71A and 102 and Schedule 13 of the Civil Aviation Act 19821and after consultation with the Civil Aviation Authority and the trustees of the Air Travel Trust as required by section 71B of that Act, makes the following Regulations.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 and, subject to paragraphs (2) and (3), come into force on 1st April 2008.
(2) The following regulations come into force on 14th November 2007—
(a)
(a) regulation 5(1);
(b)
(b) regulations 6(1) and 6(2);
(c)
(c) regulations 9(1) and 9(2);
(d)
(d) regulation 14; and
(e)
(e) to the extent required for the purposes of sub-paragraphs (a) to (d) and paragraph (3), regulations 12(3), 15, 16 and 19.
(3) Regulation 8(1) comes into force on 1st January 2008.
2.—(1) In these Regulations–
“ATOL Regulations” means the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 19952;
“end user” means a person who either—
(a) makes use of flight accommodation for travel in person; or
(b) without accepting any payment, provides flight accommodation to another person who uses that flight accommodation for travel in person;
“flight accommodation” means accommodation for the carriage of a person on a flight by an aircraft (whether or not registered in the United Kingdom) in any part of the world;
“LIBOR” means the rate at which three month sterling deposits are offered between leading banks in the London inter-bank market;
“licence” means an air travel organiser’s licence granted by the CAA under the ATOL Regulations;
“the operative date” means the date specified in regulation 1(1);
“the prescribed consultation requirements” means the requirements set out in regulation 15(1);
“passenger” excludes a child below the age of two who is not allocated a separate seat before boarding the aircraft;
“payment period” means a period determined in accordance with regulation 6;
“publish” means publish in accordance with regulation 16;
“quarter” means a period of three months commencing on 1st January, 1st April, 1st July and 1st October;
“relevant booking” means an offer—
(a) made by an end user to purchase flight accommodation for one or more persons on a flight; and
(b) which is accepted by an air travel organiser and constitutes an activity in respect of which that organiser is required to hold a licence;
“rate of contribution” means a rate of contribution determined in accordance with regulation 5;
“SBA” means a licence (a Small Business ATOL) which authorises the holder to accept relevant bookings which include not more than 500 passengers; and
“SBA renewal” means a SBA which commences within six weeks of the expiry of a previous licence, provided that the previous licence expired after the operative date.
(2) Any period of time specified in these Regulations by reference to days or months is exclusive of the first day and inclusive of the last day, unless the last day falls on—
(a)
(a) a Saturday, Sunday, Christmas Day or Good Friday; or
(b)
(b) any day appointed by law to be a bank holiday in any part of the United Kingdom,
in which case the period is exclusive of that day also.
Contributions to the Air Travel Trust
3. Subject to regulations 13 and 14, a person who applies for and who is granted a licence which commences on or after the operative date must make contributions to the Air Travel Trust in accordance with these Regulations.
Factors by reference to which contributions to the Air Travel Trust are to be calculated
4. Subject to regulation 8(1), the contributions to the Air Travel Trust payable by an applicant for or holder of a licence are calculated by reference to the number of passengers included in relevant bookings under the licence.
Setting the rates by reference to which contributions are to be calculated
5.—(1) The CAA must from time to time, after complying with the prescribed consultation requirements and with the approval of the Secretary of State, determine and publish—
(a)
(a) the rate of contribution for the purposes of each of regulations 7 and 8; and
(b)
(b) the date on which that rate comes into force.
(2) The date on which a rate of contribution comes into force must not be earlier than the expiration of a period of four weeks beginning with the date of publication.
Payment period
6.—(1) The CAA must from time to time, after complying with the prescribed consultation requirements, determine and publish—
(a)
(a) the payment period applicable to any description or class of licence holder;
(b)
(b) the date on which the application of the payment period commences.
(2) A payment period must be either one quarter or one month.
(3) If the CAA has determined that the payment period applicable to any description or class of licence holder is one quarter, the CAA may in the circumstances described in paragraph (4) determine that the payment period applicable to a particular licence holder falling within that description or class is one month.
(4) The circumstances referred to in paragraph (3) are that the licence holder is in breach of or appears to the CAA likely to breach any term of the licence.
(5) If the CAA—
(a)
(a) has determined in accordance with paragraph (3) that the payment period applicable to any particular licence holder is one month; and
(b)
(b) is satisfied that the circumstances described in paragraph (4) no longer apply,
the CAA may determine that the payment period applicable to that licence holder is one quarter.
(6) The date on which the application of a payment period commences shall not be earlier than the expiration of a period of four weeks beginning with the date of publication.
Contributions by holders of a licence (other than a SBA)
7. The holder of a licence (other than a SBA) must within six weeks of the end of each payment period pay to the CAA (or to such other person as the CAA may direct) the sum resulting from multiplying—
(a) the number of passengers included in relevant bookings under the licence during that payment period; by
(b) the rate of contribution in force at the beginning of that payment period.
Contributions by applicants for and holders of a SBA
8.—(1) An applicant for a SBA (other than a SBA renewal) must pay to the CAA (or to such other person as the CAA may direct), prior to the date of grant of the SBA, the sum calculated by multiplying—
(a)
(a) the number of passengers authorised to be included in relevant bookings under the SBA; by
(b)
(b) the rate of contribution in force on the date on which the SBA commences.
(2) Within six weeks of the date of commencement of a SBA renewal, the holder of that SBA must pay to the CAA (or to such other person as the CAA may direct) the sum calculated by multiplying—
(a)
(a) the number of passengers included in all relevant bookings made during the period of the immediately preceding SBA; by
(b)
(b) the rate of contribution in force on the date of commencement of the...
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