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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012448.html

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STATUTORY INSTRUMENTS


2001 No. 2448

CIVIL AVIATION

The Civil Aviation Authority (Amendment) Regulations 2001

  Made 9th July 2001 
  Laid before Parliament 10th July 2001 
  Coming into force 31st July 2001 

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by sections 7(1) and (2) and 102(1) and (2) of and paragraph 15 of Schedule 1 to the Civil Aviation Act 1982[1] and section 7(5) of the Transport Act 2000[2] and after consultation with the Council on Tribunals under section 8 of the Tribunals and Inquiries Act 1992[3], hereby makes the following Regulations:

     1. These Regulations may be cited as the Civil Aviation Authority (Amendment) Regulations 2001 and shall come into force on 31st July 2001.

    
2. The Civil Aviation Authority Regulations 1991[4] shall be further amended as follows:

    (1) In regulation 3(1) there shall be inserted at the end of the definition of "the person concerned" "and in relation to making air traffic directions or airspace policy directions, the person who has been directed"

    (2) In regulation 4(1) there shall be inserted at the beginning "Subject to regulation 31A(5)(d)".

    (3) In Regulation 5 there shall be inserted at the beginning "Subject to regulation 31A(5)(b)".

    (4) In regulation 6(1) after subparagraph (k) there shall be inserted:

    (5) In regulation 6(2) after "approval, authorisation or rating" there shall be inserted "or make an air traffic direction or an airspace policy direction".

    (6) In regulation 6(4)(b) after "or rating" there shall be inserted "or make an air traffic direction or an airspace policy direction under an Air Navigation Order".

    (7) For regulation 6(7) there shall be substituted:

    (8) In regulation 6(8)(a) after "Air Navigation Order" there shall be inserted "or making a provisional air traffic direction".

    (9) In regulation 9 after subparagraph (b) there shall be inserted:

    (10) After Part III there shall be inserted:





Signed by authority of the Secretary of State for Transport, Local Government and the Regions


David Jamieson
Parliamentary Under Secretary of State, Department of Transport, Local Government and the Regions

9th July 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


These regulations further amend the Civil Aviation Authority's Regulations 1991. The following principal changes are made:

    (1) Electronic publication by and service on the Authority is permitted (regulation 2(2), (3) and (10)).

    (2) The decisions of the Authority which are subject to review under Regulation 6 include the making of an air traffic direction under article 90A and an airspace policy direction under article 90B of the Air Navigation Order 2000[
5] as amended by the Air Navigation (Amendment) Order 2001[6]. A provisional air traffic direction is not subject to Regulation 6 review (regulation 2(4), (5), (6) and (8)).

    (3) A person requesting a review under Regulation 6 shall be entitled to an oral hearing. Any such hearing shall be held in public unless the Authority directs that it should be held in private (regulation 2(7)).

    (4) Reports of reportable occurrences may be made available to the provider of an air traffic control service (regulation 2(9)).

    (5) Where, pursuant to a condition of an air traffic services licence, any matter or question is referred for determination by one or more Members of the Authority, it shall be determined in accordance with the provisions of Part IIIA of these Regulations. The function of determination of questions that may arise under section 7(5) of the Transport Act 2000 is prescribed for the purposes of section 7(2) of the Civil Aviation Act 1982. Provision is also made for an appeal to the Secretary of State against a determination by the Authority (regulation 2(10)).


Notes:

[1] 1982 c. 16.back

[2] 2000 c. 38.back

[3] 1992 c. 53.back

[4] S.I. 1991/1672 to which there are amendments not relevant to these Regulations.back

[5] 2000/1562.back

[6] 2001/397.back



ISBN 0 11 029725 3


 © Crown copyright 2001

Prepared 24 July 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012448.html