5. (12)Nothing in this section shall prejudice any right of an aerodrome authority to recover any charges, or any part thereof, by action. [F3(6A)In subsection (6) “the Cape Town Convention Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.]. Schedule 9 to the Civil Aviation Act 1971. 8. (2) Regulation 4 of the Civil Aviation (Chargeable Air Services Detention and Sale of Aircraft … Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. of Mobile Workers in Civil Aviation Act (2005:426) is applicable. The CAA defines “British-controlled aircraft”. The secretary of state has the power to designate aerodromes to which Section 88 will apply. Notwithstanding the repeal of section 6 of the Civil Aviation... Lighthouse authorities. Nor do they apply within the 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. The Whole Act you have selected contains over 200 provisions and might take some time to download. 1) Order 2007 (S.I. 32266 GOVERNMENT GAZETTE, 27 MAY 2009 Act No. (3)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—. Civil Aviation Act 1982, Section 39 is up to date with all changes known to be in force on or before 08 June 2020. An Act to repeal the Civil Aviation Act Cap. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. The Whole Section 3 in The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 3. long time to run. Appointment of acting Director 91. 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. 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. Transport in 1987-88. Civil Aviation Act 1982 section 88(1)(a) 9. Note on Amendments A. that a sum is due to the authority for airport charges; that default has been made in the payment thereof; and. It is edited by the Isle of Man Civil Aviation Administration. 2215). . 4(1), Sch. . 2, F6S. The Civil Aviation Safety Regulations 1998 (CASR) and Manuals of Standards (MOSs) are available on the Federal Register of Legislation. Appointment and removal of Director K6. Chicago on the seventh day of December, 1944, and adopted by section two of the Aviation Amendment Act, 1946 (Act No. . 12 of 2018; Carriage By Air Act, No. Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011 6(3) (with s. 106); S.I. There are changes that may be brought into force at a … 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. 2, Sch. 9. 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. 7. 63 of 1988 as amended This compilation was prepared on 15 July 2011 taking into account amendments up to Act No. 1996/323, art. 14 of 2010; Civil Aviation (Amendment) 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. Air Navigation (Dangerous Goods) (Amendment) Regulations 2011. 13, 14, Sch. Use this menu to access essential accompanying documents and information for this legislation item. 2015/912), reg. Amendment of section 25 of Act 47 of 1937, as amended by section 10 of Act … Civil Aviation Act 1982, Section 88 is up to date with all changes known to be in force on or before 30 January 2021. III para. Appointment of acting Director 91. Date of assent 8 August 1990. The first date in the timeline will usually be the earliest date when the provision came into force. Your agreement for an initial 15 day extension from the due date of the decision regarding this access request is sought. Assignment and delegation by Director 90. 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. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription. 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. Duties of Director 87. 13, 2009 CIVIL AVIATION ACT, 2009 CHAPTER 8 PART 1 However, Courts of Law will refer only to the source regulatory material. 200 provisions and might take some time to download. You need to be logged in to make a comment. No changes have been applied to the text. 63 of 1988 as amended This compilation was prepared on 8 May 2003 taking into account amendments up to Act No. With Acts you are guaranteed the latest and most up to date resource for your legislative needs. The 2011 regulations came into force on March 4 2011 and state that the relevant technical instructions that must be complied with are the current 2010-2011 English-language version of such instructions. The FAA Act took safety rulemaking from the Civil Aeronautics Board (CAB) and entrusted it to the new Federal Aviation Agency. 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. 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. The Civil Aviation (Chargeable Air Services) (Records) Regulations 2001 govern the format and content of the aircraft movement log, which must be kept at any airport pursuant to section 88 of the Civil Aviation Act 1982. Offence of committing violence on board an aircraft in flight, etc.— The proceeds of any sale under this section shall be applied as follows, and in the following order, that is to say—. 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. 51), F4Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. Section 88(1) provides as follows: “Where default is made in the payment of Airport Charges incurred in respect of any aircraft at an 88(6A) inserted (coming into force in accordance with reg. Cnnnict of interest PART4 Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. (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). 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. 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 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. 8 Pt. 2007/598, art. 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. Transport Act 2000 Part 1 chapter iv section 73. We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters. 2, Sch. 1, C1S. More information is available about EU Legislation and UK Law. This date is our basedate. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 6 Pt. The materials contained on this website are for general information purposes only and are subject to the disclaimer. Part I — Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. (2) Before appointing the Director, the Board must consult the Minister. 2) by The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. Under Section 23, any information which relates to a particular person or organisation, and has been furnished to the CAA pursuant to an Air Navigation Order, must not be disclosed by the CAA unless such disclosure is authorised by one of the exceptions contained in Section 23 itself. 2, Sch. The document features frequently asked questions about the Civil Aviation Act 2012. Ministry: Ministry of Civil Aviation: Enforcement Date: 15-11-1982: Notification: 15th November 1982, vide notification No. Airport Byelaws (Designation) Order 2011 2 para. The Civil Aviation Act 2006 (Commencement No. Aerodromes1 to which section 35 of the Civil Aviation Act 1982 applies have a responsibility to provide facilities for consultation. 2015/912), reg. The Civil Aviation Act 2006 (c 34) is an Act of the Parliament of the United Kingdom.. (3) The proving flights, tests or demonstrations must be conducted or carried out under the supervision or observation of an authorised officer and in accordance with the requirements mentioned in the notice. Responsibilities of Director Powers of Director 5 89. Section 2(1) aviation examiner : amended , on 18 September 2004 , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No … (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. Section 88(1) of the Civil Aviation Act 1982 entitles airport companies to detain aircraft for the non-payment of Airport Charges. Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. There may be changes and effects to this Legislation not yet recorded or applied to the text. 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: 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. 8(2) (with reg. 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). Section 63(1) of the Airports Act 1986 provides that where an airport is either designated for the purposes of that section or is managed by the secretary of state, the airport operator may make byelaws for regulating the use and operation of the airport and the conduct of all persons within the airport. The primary piece of legislation that covers drones is the Civil Aviation Act 1982 and the Air Navigation Order 2009 made under the Act. Consultation 92. 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 (a)that a sum is due to the authority for airport charges; (b)that default has been made in the payment thereof; and. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. 2; S.I. Return to the latest available version by using the controls above in the What Version box. Air Navigation (Dangerous Goods) (Amendment) Regulations 2011. 1980 and section 3 of Act 27 of 1982 29. Assignment and delegation by Director 90. 2) by The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (S.I. 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 … This Act may be called the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982. 2, Sch. 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 on this topic please contact Austen Hall at Hogan Lovells by telephone (+44 20 7296 2000), fax (+44 20 7296 2001) or email (austen.hall@hoganlovells.com). Consultation 92. 88(10)(11): Functions transferred (S.) (1.7.1999) by S.I. (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). 2001/869, art. gives to the authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due. (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 … 2. 1, C2S. Bills On Civil Aviation; Primary Legislation. English law Mortgage and the ‘Lex Situs’ Rule: The principle that the validity of an English law … Duties of Director 87. . A number of recent changes to aviation-related legislation have taken place. Breaches of these aviation laws are criminal offenses, enforced by the CAA. Different options to open legislation in order to view more content on screen at once. 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. Civil Aviation Act 1988 Act No. 2009 PART3 DIRECTOR OF CIVIL AVIATION AUTHORITY 85. Performance 93. (10)This section applies to any aerodrome owned or managed by any government department . (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. The Director of Civil Aviation has, in terms of section 163(1) of the Civil Aviation Act, 2009 (Act No. This section came into force on 8 November 2006. Civil Aviation Act 1988 Act No. The Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011 came into force on April 13 2011 and amends the Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) Order 2009 by adding Cotswold Airport to the list of airports that have been designated for the purpose of Section 88 of the Civil Aviation Act 1982. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Information on specific regulatory topics is available via the topic links. (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. F4 or a local authority [F5, other than a district council in Scotland,] and to any other aerodrome designated for the purpose of this section by an order made by the Secretary of State; and in this section—. There are currently no additional references that you need to check. 6(2) (with s. 106); S.I. Turning this feature on will show extra navigation options to go to these specific points in time. 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 8 Pt. 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. Geographical Extent: (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. 5 para. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Civil Aviation Act 1982 section 88(6) 13. 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 … Civil Aviation Act 1982 section 88(3) 11. Civil Aviation Act 1990. (b) Secretary means the Secretary of the Interior. 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