13, 2009 CIVIL AVIATION ACT, 2009 CHAPTER 8 PART 1 88(10): words in definition of “airport charges” substituted (1.4.2001) by 2000 c. 38, s. 97, Sch. (7)The power of detention and sale conferred by this section in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in subsections (2) to (6) above include, except where the context otherwise requires, references to any such equipment and stores. Public Act 1990 No 98. The secretary of state has the power to designate aerodromes to which Section 88 will apply. 88(10)(11): Functions transferred (S.) (1.7.1999) by S.I. long time to run. Civil Aviation Act 1982 section 88(3) 11. 32266 GOVERNMENT GAZETTE, 27 MAY 2009 Act No. “aerodrome authority” in relation to any aerodrome, means the person owning or managing it; “airport charges” means charges payable to an aerodrome authority for the use of, or for services provided at, an aerodrome but does not include charges payable by virtue of [F6section 73 of the Transport Act 2000 [F7or penalties payable by virtue of section 38C or 78A of this Act]]; “aircraft documents”, in relation to any aircraft, means any certificate of registration, maintenance or airworthiness of that aircraft, any log book relating to the use of that aircraft or its equipment and any similar document; (a)as respects England and Wales, the High Court; and. Duties of Director 87. (2) Regulation 4 of the Civil Aviation (Chargeable Air Services Detention and Sale of Aircraft … Part I — Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. In addition to murder and conspiracy, the defendants, at the Pan Am Flight 103 bombing trial, were accused … The applicable instructions are the Technical Instructions for Safe Transport of Dangerous Goods by Air, as approved and published by the Council of the International Civil Aviation Organisation. 2; S.I. 1, C2S. Civil Aviation Act 1988 Act No. Consultation 92. Civil Aviation Act 1988 Act No. Date of assent 8 August 1990. Constitution and functions of CAA U.K. 2 Constitution of CAA. F1Words in s. 88(6)(d) substituted (1.4.2001) by 2000 c. 38, s. 97, Sch. gives to the authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due. 41 of 1946), and set out in the Second Schedule to this Act, and includes any amendments thereof and additions thereto ratified and proclaimed in accordance with paragraph (b) of sub-section (1) of section three. 2. Performance 93. (2)An aerodrome authority shall not detain or continue to detain an aircraft under this section by reason of any alleged default in the payment of airport charges if the operator of the aircraft or any other person claiming an interest therein—, (a)disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a)(i) above, that the charges in question were incurred in respect of that aircraft; and. 88. 5 para. 2 Commencement 2001/869, art. Geographical Extent: Where default is made in the payment of airport charges incurred in respect of any aircraft at an aerodrome to which this section applies, the aerodrome authority may, subject to the provisions of this section—, the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or, any other aircraft of which the person in default is the operator at the time when the detention begins; and. The materials contained on this website are for general information purposes only and are subject to the disclaimer. The FAA Act took safety rulemaking from the Civil Aeronautics Board (CAB) and entrusted it to the new Federal Aviation Agency. Responsibilities of Director Powers of Director 5 89. 40116. The Federal Aviation Act of 1958 (FAA Act) transferred the Civil Aeronautics Administration’s (CAA) functions to a new independent body, the Federal Aviation Agency, which had broader authority to address aviation safety. The power of detention conferred by this section in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under this section, be transferred by the aerodrome authority to the purchaser. An Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes. Civil Aviation Authority of Sri Lanka Act, No. working copy of the Civil Aviation Act 1982 ‘as amended’ and ‘as applied to the Isle of Man’. The Hovercraft Act 1968. Civil Aviation Act 1982, Section 39 is up to date with all changes known to be in force on or before 08 June 2020. , other than a district council in Scotland, or penalties payable by virtue of section 38C or 78A of this Act, as respects England and Wales, the High Court; and. 6 Pt. 2 The owner of an aircraft registered in the United Kingdom shall, as soon as practicable but not later than six months after the occurrence in any part of the world of a birth or See how this legislation has or could change over time. Civil Aviation Act 1982 section 88(1)(b) 10. S.O. (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence under section 3 committed outside India by any person. Offence of committing violence on board an aircraft in flight, etc.— 19 of 2003 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be Substitution of section 17 of Act 47 of 1937, as amended by section 1 of Act 15 of 1953, section 8 of Act 43 of 1957, section 8 of Act 43 of 1962 and section 5 of Act 3 of 1972 30. Air Navigation (Dangerous Goods) (Amendment) Regulations 2011. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. However, Courts of Law will refer only to the source regulatory material. [F3(6A)In subsection (6) “the Cape Town Convention Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.]. The Airport (Byelaws) (Designation) Order 2011 comes into force on April 13 2011 and adds Shoreham Airport to the list of designated airports. (1) Section 88 of the Civil Aviation Act 1982. Commencement see section 1(2) Note. This section provides the Acts, regulations, associated legislative instruments and guidance material that forms the aviation regulatory framework in Australia. Responsibilities of Director Powers of Director 5 89. 7.4 Under Section 88(1) of the Civil Aviation Act 1982 the Company is entitled to detain and sell aircraft in respect of Airport Charges. Section 3 in The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 3. 1996/323, art. Return to the latest available version by using the controls above in the What Version box. Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011 Civil Aviation (Airport Charges) (Sale of Detained Aircraft) Regulations 1971/1134 regulation 3. The Aviation Security Act 1982 is an Act of Parliament of the United Kingdom Parliament which covers offences against the safety of aircraft; protection of aircraft, aerodromes, and air navigation installations against acts of violence; policing of airports; and funding.. 2015/912), reg. The Whole . Section 21(1) (at page 14) Section 21(1) of the Civil Service Act reads as follows: “(1) There shall be established a Special Tribunal which shall consist of the 2, F6S. The Director of Civil Aviation has, in terms of section 163(1) of the Civil Aviation Act, 2009 (Act No. 2007/598 (C. 25)) was made under section 14(3).. References. (1) Section 88 of the Civil Aviation Act 1982. Your agreement for an initial 15 day extension from the due date of the decision regarding this access request is sought. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civilon, Aviati establishment of the Nigerian Civil Aviation Authority; and for related matters We recognise the 88(6A) inserted (coming into force in accordance with reg. Consultation ... 2009 CIVIL AVIATION ACT, 2009 . 6(2) (with s. 106); S.I. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. B, 2009 CIVIL AVIATION ACT. 34 of 2002; Civil Aviation Act, No. (a) Act means section 516 of the Airport and Airway Improvement Act of September, 1982 (49 U.S.C. laid down in the Civil Aviation (Births, Deaths and Missing Persons) Regulations, 1948, as amended, made pursuant to Section 83 of the Civil Aviation Act, 1982. English law Mortgage and the ‘Lex Situs’ Rule: The principle that the validity of an English law … The Civil Aviation Act 1982 was an Act of Parliament to address evolving conditions, and currently governs air flight in the UK. Section 88(1) provides as follows: “Where default is made in payment of Airport Charges incurred in respect of any aircraft at an aerodrome to which this section applies the aerodrome B, 2009 CIVIL AVIATION ACT. (4)An aerodrome authority proposing to apply for leave to sell an aircraft under this section shall take such steps as may be prescribed—, (a)for bringing the proposed application to the notice of persons whose interests may be affected by the determination of the court thereon; and. It is edited by the Isle of Man Civil Aviation Administration. if the charges are not paid within 56 days of the date when the detention begins, sell the aircraft in order to satisfy the charges. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 9. Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011 An aerodrome authority shall not detain or continue to detain an aircraft under this section by reason of any alleged default in the payment of airport charges if the operator of the aircraft or any other person claiming an interest therein—, disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a)(i) above, that the charges in question were incurred in respect of that aircraft; and. This will ensure that the 1982 Act remains consistent with the Interpretation Act 1978 as amended by the Withdrawal Act. Appointment of acting Director 91. 12 No. 14. An Act to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and for matters connected therewith. may also experience some issues with your browser, such as an alert box that a script is taking a Assignment and delegation by Director 90. Britain. . Responsibilities of Director XX. of Mobile Workers in Civil Aviation Act (2005:426) is applicable. (10)This section applies to any aerodrome owned or managed by any government department . Note on Amendments A. 8. Words in s. 88(6)(d) substituted (1.4.2001) by, Words in s. 88(10) repealed (S.) (1.4.1996) by, S. 88(10): words in definition of “airport charges” substituted (1.4.2001) by, Words in s. 88(10) inserted (1.3.2007) by, S. 88(10)(11): Functions transferred (S.) (1.7.1999) by, The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. 1980 and section 3 of Act 27 of 1982 29. civil aviation amendment act 1982 elizabeth ii 1982 chapter 1 Dec 06, 2020 Posted By Edgar Wallace Library TEXT ID e61763a6 Online PDF Ebook Epub Library elizabeth ii 1982 chapter 1 nov 16 2020 posted by catherine cookson public library text id 7616ebe6 online pdf … Act No. Section 88 of the Civil Aviation Act 1982 confers on the owner or manager of an aerodrome to which that section applies a power to detain and sell aircraft in certain circumstances where airport charges have not been paid. For further information see ‘Frequently Asked Questions’. Section 2(1) aviation examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Civil Aviation Act 1990. (b)gives to the authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due. 200 provisions and might take some time to download. There are changes that may be brought into force at a … Act No. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)Where default is made in the payment of airport charges incurred in respect of any aircraft at an aerodrome to which this section applies, the aerodrome authority may, subject to the provisions of this section—, (i)the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or, (ii)any other aircraft of which the person in default is the operator at the time when the detention begins; and. Airport Byelaws (Designation) Order 2011 Civil Aviation Act 1982 section 88(1)(a) 9. 14 of 2010; Civil Aviation (Amendment) Act, No. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. III para. In subsection (6) “the Cape Town Convention Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015. The CAA defines “British-controlled aircraft”. 12 of 2018; Carriage By Air Act, No. 63 of 1988 as amended This compilation was prepared on 8 May 2003 taking into account amendments up to Act No. U.K. (1) There shall continue to be a body corporate called the Civil Aviation Authority (in this Act referred to as “ the CAA ”), which shall be constituted in accordance with the following provisions of this section. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Civil Aviation Act 1982, Section 88 is up to date with all changes known to be in force on or before 05 February 2021. for the purposes of Section 88 of the Civil Aviation Act 1982 from the date incurred until payment in full is made; (b) the said lien shall not be lost by reason of the Aircraft departing from any land in the control of the Company (including the Airport) but shall continue to … Revised legislation carried on this site may not be fully up to date. (1) Section 88 of the Civil Aviation Act 1982. The Civil Aviation Safety Regulations 1998 (CASR) and Manuals of Standards (MOSs) are available on the Federal Register of Legislation. Section 15AA of the Act states that the period of time for dealing with a request may be extended with the applicant’s agreement, but for no more than 30 days. 2009 PART3 DIRECTOR OF CIVIL AVIATION AUTHORITY 85. However, this guidance will also be applicable to any aerodrome with a consultation process and others with an interest in consultative procedures. 200 provisions and might take some time to download. Under section 88 of the Civil Aviation Act 1982, a government or local authority airport, or an airport specifically designated by order, may detain any aircraft in respect of which any … 5. amended, and paragraph (ff) was inserted, by section 47 of the Aviation and Maritime Security Act 1990. (6)The proceeds of any sale under this section shall be applied as follows, and in the following order, that is to say—. Act you have selected contains over (2) Regulation 4 of the Civil Aviation (Chargeable Air Services Detention and Sale of Aircraft for Eurocontrol) Regulations 2001, known as the Eurocontrol Regulations (3) Global Knafaim Leasing Limited v The Civil Aviation Authority [2010] EWHC 1348 (Admin). 51), F4Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. The secretary of state has the power to designate aerodromes to which Section 88 will apply. We are the leading resource for freely available Legislation in South Africa and are used daily by thousands of professionals and industry leaders. (11)The Secretary of State may, after consultation with any local authority which appears to him to be concerned, by order repeal any enactment in a local Act which appears to the Secretary of State to be unnecessary having regard to the provisions of this section or to be inconsistent therewith. in payment of any duty (whether of customs or excise) chargeable on imported goods or value added tax which is due in consequence of the aircraft’s having been brought into the United Kingdom; in payment of the expenses incurred by the aerodrome authority in detaining, keeping and selling the aircraft, including their expenses in connection with the application to the court; in payment of the airport charges which the court has found to be due; in payment of any charge in respect of the aircraft which is due by virtue of, section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order), (with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations). The secretary of state has the power to designate aerodromes to which Section 88 … Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 2, F7Words in s. 88(10) inserted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. Turning this feature on will show extra navigation options to go to these specific points in time. Consultation 92. For more information see the EUR-Lex public statement on re-use. 40103(e), prohibiting the grant of exclusive rights for the use of any landing area or air navigation facility on which Federal funds have been expended (formerly section 308 of the Federal Aviation Act of 1958, as amended). Britain. Bills On Civil Aviation; Primary Legislation. Assignment and delegation by Director 90. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. (c)that the aircraft which the authority seek leave to sell is liable to sale under this section by reason of the default. Responsibility for air traffic control in the UK passed to NATS in the run-up to the establishment of its public-private partnership in 2001. Ministry: Ministry of Civil Aviation: Enforcement Date: 15-11-1982: Notification: 15th November 1982, vide notification No. There are changes that may be brought into force at a future date. 13 para. The primary piece of legislation that covers drones is the Civil Aviation Act 1982 and the Air Navigation Order 2009 made under the Act. 7. CIVIL AVIATION ACT 1988 - SECT 28 CASA must issue AOC if satisfied about certain matters (1) If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if: (a) CASA is satisfied that the applicant has complied with, or is capable of complying with, the safety rules; and (b) CASA is satisfied about the following matters in relation to the applicant's organisation: This date is our basedate. (6) In section 75(5) the reference to a fine on the standard scale was substituted by virtue of section 46 of the Criminal Justice Act 1982 (c. 48). Civil Aviation Act 1982 section 88(6) 13. (b) respects Scotland, the Court of Session. (a)in payment of any duty (whether of customs or excise) chargeable on imported goods or value added tax which is due in consequence of the aircraft’s having been brought into the United Kingdom; (b)in payment of the expenses incurred by the aerodrome authority in detaining, keeping and selling the aircraft, including their expenses in connection with the application to the court; (c)in payment of the airport charges which the court has found to be due; (d)in payment of any charge in respect of the aircraft which is due by virtue of [F1section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order)]; and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale [F2(with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations)]. The power conferred by this section to detain an aircraft in respect of which charges have been incurred may be exercised on the occasion on which the charges have been incurred or on any subsequent occasion when the aircraft is on the aerodrome on which those charges were incurred or on any other aerodrome owned or managed by the aerodrome authority concerned. Appointment of acting Director 91. that the aircraft which the authority seek leave to sell is liable to sale under this section by reason of the default. Use this menu to access essential accompanying documents and information for this legislation item. 2 para. (1) 49 U.S.C. 6. Nor do they apply within the 63 of 1988 as amended This compilation was prepared on 8 May 2003 taking into account amendments up to Act No. Information on specific regulatory topics is available via the topic links. 12 No. An Act to repeal the Civil Aviation Act Cap. Chicago on the seventh day of December, 1944, and adopted by section two of the Aviation Amendment Act, 1946 (Act No. Powers of Director 89. A number of recent changes to aviation-related legislation have taken place. Indicates the geographical area that this provision applies to. Section 88 of the Civil Aviation Act 1982 confers on the owner or manager of an aerodrome to which that section applies a power to detain and sell aircraft in certain circumstances where airport charges have not been paid. 2, Sch. III para. 2015/912), Local Government Act 1985 (c. 51, SIF 81:1), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 46 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be 51), F3S. This section came into force on 8 November 2006. Section 88(1) provides as follows: “Where default is made in the payment of Airport Charges incurred in respect of any aircraft at an Consultation ... 2009 CIVIL AVIATION ACT, 2009 . Different options to open legislation in order to view more content on screen at once. An aerodrome authority proposing to apply for leave to sell an aircraft under this section shall take such steps as may be prescribed—, for bringing the proposed application to the notice of persons whose interests may be affected by the determination of the court thereon; and. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. Notwithstanding the repeal of section 6 of the Civil Aviation... Lighthouse authorities. There are also “rules of the air” that apply to airspace over the UK, as discussed below. 2, F2Words in s. 88(6) added (23.3.2015 coming into force in accordance with reg. (b)for affording to any such person an opportunity of becoming a party to the proceedings on the application; and, if leave is given, the aerodrome authority shall secure that the aircraft is sold for the best price that can reasonably by obtained. This section applies to any aerodrome owned or managed by any government department . . Appointment and removal of Director K6. 1, C1S. The Whole ILO is a premium online legal update service for major companies and law firms worldwide. Appointment of acting Director 91. Section 88 of the Civil Aviation Act 1982 (Clause 4.1) A further right to detain aircraft may be given to specific individuals by CAA authorisation, issued under the Air Navigation Order made pursuant to Section 60 of the Civil Aviation Act 1982, the Airport authority reserves the CIVIL AVIATION ACT 1988 TABLE OF PROVISIONS Long Title PART I--PRELIMINARY 1.Short title 2.Commencement 3.Interpretation 3AA.When a New Zealand AOC with ANZA privileges is in force for Australia 3A.Main object of this Act 4.Application to state aircraft 4A.Application to aircraft subject to 83 bis agreements 5.Act to bind Crown 6.Extension to external Territories 7. Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. 2009 PART3 DIRECTOR OF CIVIL AVIATION AUTHORITY 85. (b) Secretary means the Secretary of the Interior. No versions before this date are available. Section 88 of the Civil Aviation Act 1982 confers on the owner or manager of an aerodrome to which that section applies a power to detain and sell aircraft in certain circumstances where airport charges have not been paid. (12)Nothing in this section shall prejudice any right of an aerodrome authority to recover any charges, or any part thereof, by action. Changes that have been made appear in the content and are referenced with annotations. Halsbury's Statutes, This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Section 88(1) of the Civil Aviation Act 1982 entitles airport companies to detain aircraft for the non-payment of Airport Charges. Cnnnict of interest PART4 Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. The first date in the timeline will usually be the earliest date when the provision came into force. The Whole Act you have selected contains over 200 provisions and might take some time to download. In addition, Section 92 of the Civil Aviation Act 1982, (CAA) provides for courts to have jurisdiction in respect of offences committed on British-controlled aircraft whilst “in flight” outside the United Kingdom and United Kingdom airspace. The CAA defines “British-controlled aircraft”. Air Navigation (Dangerous Goods) (Amendment) Regulations 2011. that a sum is due to the authority for airport charges; that default has been made in the payment thereof; and. The Secretary of State may, after consultation with any local authority which appears to him to be concerned, by order repeal any enactment in a local Act which appears to the Secretary of State to be unnecessary having regard to the provisions of this section or to be inconsistent therewith. Section 2(1) aviation examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 8 Pt. The provisions contained in Section 10b, Section 13, first paragraph, Section 13a and Section 14, third paragraph, second sentence do not apply when the Working Time, etc. Schedule 9 to the Civil Aviation Act 1971. The Civil Aviation Act 2006 (c 34) is an Act of the Parliament of the United Kingdom.. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. Section 23 of the Civil Aviation Act 1982. There are changes that may be brought into force at a future date. 126(4), Sch. An aerodrome authority shall not sell an aircraft under this section without the leave of the court; and the court shall not give leave except on proof—. 14; S.I. Section 14 - Short title, commencement and extent. Performance 93. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 88. 5 para. The Air Navigation (Dangerous Goods) (Amendment) Regulations 2011 amend the Air Navigation (Dangerous Goods) Regulations 2002 and revoke the Air Navigation (Dangerous Goods) (Amendment) Regulations 2009. Sixteen members ) 13 of designated aerodromes to which section 88 civil aviation act 1982 88 ( 6A ) (. Is a premium online legal update service for major companies and Law firms worldwide to. Any sale under this section by reason of the Civil Aviation ( ). 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