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Statutory Instrument 1989 No. 2257

The Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 2257

CIVIL AVIATION

The Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1989

Made1st December 1989
Laid before Parliament11th December 1989
Coming into force1st January 1990


    Whereas in pursuance of tariffs approved under the Eurocontrol Convention[1] and under the Multilateral Agreement relating to Route Charges concluded at Brussels on 12th February 1981 (being international agreements to which the United Kingdom is a party), the Secretary of State for Transport has determined the rates of charges, as specified in the following Regulations, payable to the Eurocontrol Organisation in respect of navigation services provided for aircraft:
    Now, therefore, the Secretary of State for Transport in exercise of his powers under section 73 (1)(a), (1A)(a) and (b), (4) and (6)(b)(i) of the Civil Aviation Act 1982[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations:
        1.    These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.
        2.    The Civil Aviation (Route Charges for Navigation Services) Regulations 1989[3] shall be amended as follows:

        (1)  "FIR"In regulation 3(1) before the definition of the expression there shall be added the following definition:

          ""ECUs" means European Currency Units being units of account defined by reference to more than one currency;".

        (2)  For the expression "United States dollars" wherever it appears there shall be substituted the expression "ECUs".

        (3)  

        Payment
            5.—(1)  The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in ECUs.

            (2)  Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in ECUs, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom.

            (3)  Nothing in this regulation shall prevent the Organisation from accepting as a good discharge payment other than in ECUs or at places other than the principal office of the Organisation.".

    For regulation 5 thereof there shall be substituted the following new regulation:
        (4)  

            8.—(1)  For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be -

          "(a)  Where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the Official Journal (Information and Notices) shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document; and

          (b)  Where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.

            (2)  
          (a)  Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

          (b)  Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.".

    For regulation 8 thereof there shall be substituted the following new regulation-
        (5)  For Schedule 2 thereof shall be substituted Schedule 1 to these Regulations.

        (6)  For Schedule 3 thereof there shall be substituted Schedule 2 to these Regulations.


Signed by the authority of the Secretary of State for Transport

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Transport

1st December 1989




Notes:

[1] Cmnd. 8662.

[2] 1982. c.16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11), section 73(1A) was added by section 1 of the Civil Aviation (Air Navigation Charges) Act 1989 (c. 9).

[3] S.I. 1989/303.

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