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Statutory Instrument 1994 No. 2325

The Civil Aviation (Canadian Navigation Services) Regulations 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 2325

CIVIL AVIATION

The Civil Aviation (Canadian Navigation Services) Regulations 1994

Made6th September 1994
Laid before Parliament9th September 1994
Coming into force1st October 1994

    The Secretary of State, in exercise of his powers under sections 73(1)(a), (3), (4), (6)(a) and (9) and 74(4)(a) and (5) of the Civil Aviation Act 1982[1] and of all other powers enabling him in that behalf, and with the consent of the Treasury in respect of regulations 4 and 5, hereby makes the following Regulations:
    Citation and Commencement
        1.    These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) Regulations 1994 and shall come into force on 1st October 1994.
    Interpretation
        2.    In these Regulations "authorised person" means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases and other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989[2].
    Revocation
        3.    The Regulations specified in Schedule 1 hereto are hereby revoked.
    Charges for services provided by the Government of Canada
        4.—(1)  The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows:
       (a) in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Flight Information Region other than a flight described in sub-paragraph (d) of this paragraph, a charge of $129.44 Canadian; and
       (b) in respect of each flight between any two points one of which is in Europe (including Iceland) or Greenland in the course of which the aircraft makes use of such services, being services provided by the Edmonton Area Control Centre other than a flight described in sub-paragraph (d) of this paragraph, a charge of $92.02 Canadian; and
       (c) in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain air navigation services by way of telecommunication services provided by or on behalf of the Government of Canada other than a flight described in sub-paragraph (d) of this paragraph, a charge of $53.68 Canadian; and
       (d) in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a), (b) and (c) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used.

        (2)  The charges specified in sub-paragraphs (a), (b) and (c) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
    Dispensations
        5.    The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
    Detention and sale of aircraft for unpaid charges
        6.    Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations take such steps as are necessary to detain, pending payment, either:
       (a) 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
       (b) any other aircraft of which the person in default is the operator at the time when the detention begins;
    and if the charges are not paid within 56 days of the date when the detention begins, the CAA may sell the aircraft in order to satisfy the charges.
        7.    The CAA or authorised person concerned shall not detain, or continue to detain an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations 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 regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
       (b) gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
        8.    The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
        9.    The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 of these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
        10.    The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say:
       (a) in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
       (b) in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
       (c) in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
       (d) in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
    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.
        11.    The power of detention and sale conferred by these Regulations 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 regulations 7 to 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
        12.    The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
        13.    The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982[3] for the time being applies.
        14.    Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
    Disposal by the CAA of charges received under these Regulations
        15.    The CAA shall remit to the Government of Canada such sums as it may receive under these Regulations.



Brian S. Mawhinney

Secretary of State, Department of Transport

31st August 1994
We consent to the making of these Regulations.

Andrew Mitchell

Tim Wood

Two of the Lord's Commissioners of Her Majesty's Treasury

6th September 1994




Notes:

[1] 1982 c. 16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11). The expression "prescribed" is defined in section 105(1).

[2] S.I. 1989/2004, to which there are amendments not relevant to these Regulations.

[3] Section 88(10) was amended by section 83(5) and Part 1 of Schedule 6 to the Airports Act 1986 (c. 31).

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