Civil Aviation (Licensing)
Act, 1960 (Channel Islands) Order, 1961
Jersey Order in Council 7/1961
“CIVIL AVIATION (LICENSING) ACT, 1960 (CHANNEL ISLANDS)
ORDER, 1961”,
AVEC
ACTE DE LA COUR ROYALE
Y RELATIF.
(Enregistré le 12 avril 1961).
CIVIL AVIATION (LICENSING) ACT, 1960 (CHANNEL ISLANDS) ORDER, 1961.
____________
A LA COUR ROYALE DE L’ILE DE
JERSEY.
____________
L’An 1961, le 12e jour d’Avril.
____________
MONSIEUR
LE DÉPUTÉ BAILLI ayant présenté
à la Cour: -
1° Un Ordre de Sa Très Excellente Majesté en
Conseil en date du 24 Mars, 1961, transmettant pour enregistrement et publication
dans l’Ile copie de certain Acte de Parlement passé dans les 8e et 9e années du
Règne de Sa Majesté la Reine Elizabeth II, chapitre 38, intitulé: -
“The Civil
Aviation (Licensing) Act, 1960”, et
2° Un Ordre de Sa Très Excellente Majesté en
Conseil en date dudit jour 24 Mars, 1961, intitulé: -
“The Civil
Aviation (Licensing) Act, 1960 (Channel
Islands) Order, 1961” ;
LA COUR, vu son Acte en
date du 4 Avril, 1961, référant lesdits Ordres et ledit Acte de Parlement aux
États, ainsi que certain Acte des États en date du 11 Avril, 1961, à ce sujet,
conformément aux conclusions du Procureur Général de la Reine, a ordonné que
tant lesdits Ordres que ledit Acte de Parlement soient enregistrés sur les
records de cette Ile et publiés par l’Officier au lieu ordinaire, à jour de
marché, afin que toutes personnes puissent en avoir connaissance.
P.E. LE COUTEUR,
Greffier Judiciaire.
“CIVIL AVIATION (LICENSING) ACT, 1960 (CHANNEL ISLANDS)
ORDER, 1961.
____________
At
the Court at Buckingham
Palace.
____________
The
24th day of March, 1961.
Present
The Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY, in pursuance of the powers
conferred upon Her by subsections (1) and (2) of section eleven of the Civil Aviation
(Licensing) Act, 1960, (hereafter in this Order referred to as
“the Act of 1960”), is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows:
-
1. The provisions of the Act of 1960 shall
extend to the Channel Islands with the modifications
and adaptations specified in the Schedule to this Order.
2. In this Order the expression “Channel Islands” means the Bailiwicks of Jersey and Guernsey and the territorial waters adjacent thereto.
3. There shall be paid out of the moneys provided
by Parliament sums which are required to be paid for any purpose in consequence
of the making of this Order.
4. The Interpretation Act, 1889,
shall apply to the interpretation of this Order as it applies to the
interpretation of an Act of Parliament.
5. This Order may be cited as the Civil Aviation
(Licensing) Act, 1960 (Channel Islands) Order, 1961, and shall
come into operation on the thirtieth day of March, 1961, save that the
extension of section seven of the Act of 1960 shall not come into operation
until the first day of January, 1962.
W.G. AGNEW.
SCHEDULE
MODIFICATIONS AND ADAPTATIONS
1. Any reference to
the Civil Aviation
Act, 1949, shall be
construed as a reference to that Act as extended to the Channel Islands by the Civil Aviation Act (Channel
Islands) Order, 1953 ;
any reference to the Air Corporations Act, 1949,
shall be construed as a reference to that Act as extended to the Channel
Islands by the Air
Corporations Act (Channel Islands) Order, 1953 ; and any reference to the Act of 1960 shall be
construed as a reference to that Act as extended to the Channel Islands by this
Order.
2. In subsection (4)
of section one, in paragraph (a)
after the words “United Kingdom” there shall be inserted the words “or the
Channel Islands”, and in paragraph (b)
for the words “United Kingdom” there shall be substituted the words “Channel
Islands”.
3. In subsection (1)
of section four, after the words “United Kingdom” in the first place where they
occur there shall be inserted the words “or the Channel Islands”.
4. In subsection (4)
of section five, for the words from “shall be subject to annulment” to the end
of the subsection there shall be substituted the following words: -
“shall not come into force in the Bailiwick of Jersey or the
Bailiwick of Guernsey until it has been registered by the Royal Court of Jersey
or the Royal Court of Guernsey, as the case may be”.
5. In section six –
(a) in subsection (1), paragraph (a) shall be omitted and for the words “(b) on conviction on indictment” there
shall be substituted the words “on conviction” ;
(b) in subsection (2), for the words “United Kingdom”
there shall be substituted the words “Channel Islands”
and the words “and any person who is the holder of an aerodrome licence” and the word “summary” shall be omitted ;
(c) in subsection (3), the word “summary” shall
be omitted ;
(d) in subsection (4), paragraph (a) shall be omitted and for the words “(b) on conviction on indictment” there
shall be substituted the words “on conviction” ;
(e) in subsection (5), the word “summary” shall
be omitted ; and
(f) in subsection (6), the words from “In this
subsection” to the end of the subsection shall be omitted.
6. In section seven –
(a) in subsection (1), after the word
“prescribed” there shall be inserted the words “as respects the Bailiwick of Jersey by
Act of the States of Jersey, and as respects the Bailiwick of
Guernsey by Ordinance of the States of Guernsey”, and for the words “United
Kingdom or the territorial waters thereof” there shall be substituted the words
“Channel Islands” ; and
(b) in subsection (2), the word “summary” shall
be omitted.
7. In section nine –
(a) in paragraph (a), the words “section four (which provides for the appointment of
regional committees by the said Corporation)” shall be omitted, and for the
words in the last brackets of the paragraph there shall be substituted the
following words “(which relates to Orders in Council under section thirteen of
the Civil Aviation
Act, 1949)” ;
(b) paragraphs (b) and (c) shall be
omitted.
CHAPTER 38
An Act to prohibit certain flying except under a licence or other authority and to repeal section
twenty-four of the Air
Corporations Act, 1949 ; and for purposes connected with the
matters aforesaid.
[2nd June, 1960].
BE
it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows: -
Licensing of certain flying
ESTABLISHMENT OF LICENSING AUTHORITY, AND RESTRICTION OF UNLICENSED
FLYING
1.-(1) There shall be established in accordance with
the provisions of the Schedule to this Act an Air Transport Licensing Board (in
this Act referred to as “the Board”) with the general duty of exercising their
functions under this Act in such a manner as to further the development of
British civil aviation.
(2) No aircraft shall be
used on any flight for reward or in connection with any trade or business
except under and in accordance with the terms –
(a) of such certificate, if any, (in this Act
referred to as an “air operator’s certificate”) as any Order in Council for the
time being in force under section eight of the Civil Aviation Act, 1949, may require the operator of the aircraft to hold for
the purposes of such flights as that in question, being a certificate of his
competence to secure that aircraft operated by him on such flights are operated
safely ; and
(b) subject to subsection (3) of this section, of
a licence granted to the operator of the aircraft by
the Board under section two of this Act (in this Act referred to as an “air
service licence”), being a licence
authorising the operator to operate aircraft on such
flights as that in question.
(3) The Minister may by
regulations provide that paragraph (b)
of the last foregoing subsection shall not apply to flights of such
descriptions as may be specified in the regulations, and may by instrument in
writing exempt from the requirements of the said paragraph (b) any other particular flight or series
of flights.
(4) This section shall apply
to –
(a) any flight in any part of the world by an
aircraft registered in the United
Kingdom ; and
(b) any flight beginning or ending in the United Kingdom
by an aircraft registered in such other country or territory, if any, as may be
prescribed.
AIR SERVICE LICENCES
2.-(1) Any application to the Board for the grant of
an air service licence shall contain such particulars
as may be prescribed ; and, subject to the provisions of this section and of
any relevant regulations under section five of this Act, the Board may at their
discretion, after consulting with such persons, if any, as may be prescribed,
either refuse the application or grant the applicant an air service licence for any air transport service or other purpose
specified in the licence (being a service or other
purpose proposed in the application with such modifications, if any, as the
Board may think fit) for such term and subject to such conditions, if any, of
the prescribed descriptions as may be so specified.
(2) In exercising their
functions under this section the Board shall consider in particular –
(a) whether they are satisfied that, having
regard in particular to his experience and financial resources and, subject to
subsection (4) of this section, to his ability to provide satisfactory
equipment, organisation and staffing arrangements,
and having regard also to any contravention in respect of aircraft operated by
him of the provisions of section one of this Act, the applicant is competent,
and a fit and proper person, to operate aircraft for the purposes for which he
seeks an air service licence ;
(b) the provision made or proposed to be made
against any liability in respect of loss or damage to persons or property which
may be incurred in connection with aircraft operated by the applicant ;
(c) any unfair advantage of the applicant over
other operators by reason of the terms and conditions of employment of his
servants ;
(d) the existing or potential need or demand for
any air transport service proposed ;
(e) in the case of any air transport service
proposed, the adequacy of any similar service authorised
by any air service licence already granted and the
tariff, if any, in respect of that similar service ;
(f) the extent to which any air transport
service proposed would be likely to result in wasteful duplication of, or in
material diversion of traffic from, any air transport service which is being,
or is about to be, provided under any air service licence
already granted ;
(g) any capital or other expenditure reasonably
incurred, or any financial commitment or commercial agreement reasonably
entered into, in connection with the operation of aircraft on air transport
services by any person (including the applicant) who is the holder of any air
service licence already granted ;
(h) any objections or representations made in
accordance with any relevant regulations under section five of this Act.
(3) The Minister and the
Board shall from time to time consult together with regard to relations with
other countries or territories affecting the exercise of the Board’s functions
; and if in the case of any application for an air service licence
the Minister so directs in writing on the ground that any air transport service
proposed in the application would in his opinion involve the negotiation with
the government of some other country or territory of rights which it would be
inexpedient for the time being to seek, the Board shall forthwith refuse that
application so far as it relates to that service.
(4) For the purposes of
paragraph (a) of subsection (2)
of this section, the Board shall not consider the matters in respect of which
an air operator’s certificate is required, that is to say, the competence of
the applicant to secure that aircraft operated by him will be operated safely.
(5) Every air service licence authorising an air
transport service shall include a provision with respect to the tariff to be
charged in respect of that service, being –
(a) in the case of a service between terminal
points one of which is in the United Kingdom and the other of which is in the
United Kingdom, one of the Channel Islands or the Isle of Man, a provision
setting out that tariff ;
(b) in any other case, either a provision setting
out that tariff or a provision specifying the manner in which that tariff is to
be determined ;
and in a case falling within paragraph (b) of this subsection the licence shall
be of no effect until the said provision has been confirmed by the Minister
either without modification or with such modifications as he may think fit
after consultation with such holders of air service licences
and other persons as he may consider appropriate :
Provided that, in such cases or classes of cases as may be
prescribed, this subsection shall have effect subject to such exceptions or
modifications as may be prescribed in relation to the case or class of cases in
question.
(6) The Minister may by
order made by statutory instrument authorise the
grant of an air service licence to any person
specified in the order (being a person who provided air transport services
before the date of the coming into force of subsection (2) of section one of
this Act) in respect of any air transport service so specified for such term
and subject to such conditions, if any, as may be so specified in relation to
that service ; and, without prejudice to their powers under section three of
this Act, the Board shall grant that licence
forthwith without any application being made therefor :
Provided that the Minister shall not make any order under this
subsection after the expiration of the period of three months beginning with
the said date.
(7) Except with the consent
of the Minister, which may be granted either generally or in respect of a
particular case or class of cases, the Board shall not grant an air service licence to any person who is not either –
(a) a citizen of the United Kingdom and Colonies,
a citizen of the Federation of Rhodesia and Nyasaland, a citizen of the State
of Singapore or a British protected person ; or
(b) a body incorporated in the United Kingdom or
in any part thereof, or in any of the Channel Islands, the Isle of Man, the
said Federation, or a colony, protectorate or United Kingdom trust territory,
being a body which in the opinion of the Board is substantially controlled by
persons each of whom is either a citizen of the United Kingdom and Colonies, a
citizen of the said Federation, a citizen of the said State or a British
protected person.
(8) If, while an air service
licence is in force and not later than the prescribed
time before the expiry of the term for which it was granted, the holder thereof
applies to the Board for the grant of a new air service licence
in continuation thereof or in substitution therefor, then, without prejudice to
the powers of the Board under section three of this Act, unless the application
is withdrawn the first-mentioned licence shall not
cease to be in force by reason of the expiry of the said term until the Board
have given their determination on the application nor, if the application is
refused or if any new licence granted differs in its
terms from the first-mentioned licence, until –
(a) the expiration of the period prescribed under
section five of this Act for appealing against the Board’s decision ; and
(b) if an appeal is duly made within that period,
the determination or abandonment of the appeal ; and
(c) in the case of a successful appeal against a
refusal of the application, the date of the coming into force of the new licence.
REVOCATION, SUSPENSION AND VARIATION OF LICENCES
3.-(1) Subject to any relevant regulations under
section five of this Act, an application for the revocation, suspension or
variation of an air service licence may be made to
the Board at any time by any of the persons prescribed in pursuance of
paragraph (b) of subsection (1)
of that section.
(2) Whether or not any
application or representation has been made to the Board for the purpose, if in
the case of any person who is the holder of an air service licence
the Board are at any time no longer satisfied as mentioned in paragraph (a) of subsection (2) of section two of
this Act, they shall, as may appear to them appropriate in the circumstances,
revoke, suspend or vary that licence.
(3) Without prejudice to the
last foregoing subsection, if at any time the Board are satisfied, whether or
not any application or representation has been made to them for the purpose,
that it is right and proper so to do, they may revoke, suspend or vary any air
service licence.
(4) Subsections (2) to (4)
of section two of this Act shall have effect with the necessary modifications
in relation to the Board’s functions under the two last foregoing subsections
as they have effect in relation to their functions under the said section two.
(5) If any air service licence is revoked, suspended or varied by the Board
otherwise than on the application of the holder of the licence,
the revocation, suspension or variation shall not take effect until the
expiration of the period prescribed under section five of this Act for the
making of an appeal against the Board’s decision nor, if an appeal is duly made
during that period, until the determination or abandonment of the appeal.
ADVISORY FUNCTIONS OF BOARD
4.-(1) It shall be the duty of the Board to consider
any representation from any person relating to, or to facilities in connection
with, air transport services by means of aircraft registered in the United Kingdom,
or with respect to the tariff or other charges in respect of any such service
or facilities :
Provided that the Board shall not be required by this subsection to
consider any representation if in their opinion –
(a) the representation is frivolous or vexatious
; or
(b) the matters to which the representation
relates have already been sufficiently considered by the Board ; or
(c) the matters to which the representation
relates are for the time being regulated by an international agreement to which
Her Majesty’s Government in the United
Kingdom is a party.
(2) When the Board have
considered any such representation as aforesaid, they shall report to the
Minister upon their conclusions, and shall make such recommendations to the
Minister in connection with those conclusions as they think expedient :
Provided that this subsection shall not apply to any representation
made in connection with an application for the grant of an air service licence or for the purposes of the Board’s functions under
section three of this Act.
REGULATIONS
5.-(1) Without prejudice to any other power to make
regulations conferred by this Act, the Minister shall by regulations make provision
–
(a) for requiring, except in such circumstances,
if any, as may be specified in the regulations, publication of notice of the
making of any application for the grant, revocation, suspension or variation of
an air service licence and for the making of
objections or representations with respect to any such application ;
(b) as to the persons entitled to be heard by the
Board at any meeting to consider the grant, revocation, suspension or variation
of any such licence ;
(c) for conferring a right to appeal to the
Minister from any decision of the Board with respect to any air service licence or any application for such a licence
upon the holder of or applicant for the licence and
upon such other persons, if any, as may be specified in the regulations, and
generally as to such appeals, including in particular provision as to the time
by which any such appeal must be made, the other persons, if any, to be made
parties thereto, and the liability of any of the parties in respect of costs or
expenses incurred in connection therewith ;
(d) for the making of representations to the
Minister by the Government of the Isle of Man or by the States of Jersey or
Guernsey as respects any such decision of the Board as is mentioned in the last
foregoing paragraph, and for applying in relation to those representations,
with such modifications as the Minister thinks fit, any provision relating to
appeals contained in this Act or in any regulations made thereunder ;
(e) for requiring the payment to the Board in
connection with air service licences or applications
relating thereto of such fees determined in such manner as the regulations may
with the approval of the Treasury provide.
(2) Without prejudice as
aforesaid, the Minister may by regulations make provision –
(a) as to the form and manner in which any
application, objection or representation shall be made to the Board ;
(b) with respect to the furnishing by persons
making an application, objection or representation to the Board of information
or documents relevant thereto ;
(c) as to the liability of any of the persons
heard by virtue of paragraph (b)
of subsection (1) of this section at any meeting of the Board in respect of
costs or expenses incurred in connection with that hearing ;
(d) with respect to the provision by holders of
air service licences or air operator’s certificates
of statistical or other information with respect to their operations to which
the licence or certificate relates ;
(e) as to the circumstances, if any, in which an
air service licence shall or may be transferred or
treated as if granted to a person other than the person to whom it was granted
;
(f) with respect to the surrender for
cancellation or variation of air service licences ;
(g) generally as to the procedure of the Board ;
(h) for the setting up of regional advisory
committees for the purpose of advising the Board on matters relating to their
functions under this Act with particular regard to the circumstances and
requirements of particular areas, and for the payment by the Minister of travelling
or other expenses reasonably incurred by any person as a member of any such
committee.
(3) Any power to make
regulations conferred by this Act shall include power to make different
provision for different circumstances and to make such incidental or
supplementary provision as appears to the Minister necessary or expedient for
giving effect to the purposes of this Act.
(4) Any power to make
regulations conferred on the Minister by this Act shall be exercisable by
statutory instrument, and any such instrument shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
ENFORCEMENT OF LICENSING PROVISIONS
6.-(1) If an aircraft is used on any flight in
contravention of subsection (2) of section one of this Act, the operator of the
aircraft, and if any other person, whether by negotiating a contract or
otherwise howsoever, made available facilities for travel or the consignment of
goods on that flight knowing or having reasonable cause to suspect that the
flight would be in contravention of the said subsection (2), that other person
also, shall be guilty of an offence and be liable –
(a) on summary conviction, to a fine not
exceeding five hundred pounds, or to imprisonment for a term not exceeding
three months, or to both such a fine and such imprisonment ;
(b) on conviction on indictment, to a fine of
such amount as the court may think fit, or to imprisonment for a term not
exceeding two years, or to both such a fine and such imprisonment.
(2) For the purpose of
securing compliance with the requirements of section one of this Act, the
Minister or anyone acting under his authority may require any person who, in
the United Kingdom, whether by providing an aircraft or negotiating a contract
or otherwise howsoever, makes available, or offers, facilities for travel or
the consignment of goods upon any journey by air, and any servant or agent of
any such person, and any person who is the holder of an aerodrome licence, to provide the Minister with all such information
or documents in his possession or control relating to the journey or proposed
journey as may be specified in the requirement; and any person who wilfully fails to comply with any requirement under this
subsection shall be guilty of an offence and be liable on summary conviction to
a fine not exceeding one hundred pounds.
(3) If the holder of any air
service licence or air operator’s certificate fails
without reasonable cause to comply with any requirement of any regulations with
respect to the provision of information made by virtue of paragraph (d) of subsection (2) of section five of
this Act, he shall in respect of each such failure be guilty of an offence and
liable on summary conviction to a fine not exceeding one hundred pounds.
(4) If any person, in
furnishing any information under this Act, furnishes any information which to
his knowledge is false in any material particular or recklessly furnishes any
information which is false in any material particular, he shall be guilty of an
offence and be liable –
(a) on summary conviction, to a fine not
exceeding one hundred pounds, or to imprisonment for a term not exceeding three
months, or to both such a fine and such imprisonment ;
(b) on conviction on indictment, to a fine not
exceeding five hundred pounds, or to imprisonment for a term not exceeding two
years, or to both such a fine and such imprisonment.
(5) If any person fails
without reasonable cause to comply with any requirement duly made of him under
this Act to surrender an air service licence for
cancellation or variation, he shall be guilty of an offence and be liable on
summary conviction to a fine not exceeding fifty pounds.
(6) Where an offence under
this section committed by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect on the
part of, any director, manager, secretary or other similar officer of the body
corporate or any person who was purporting to act in any such capacity, he, as
well as the body corporate, shall be guilty of that offence and be liable to be
proceeded against and punished accordingly.
In this subsection, the expression “director”, in relation to a
body corporate established by or under any enactment for the purpose of
carrying on under national ownership any industry or part of an industry or
undertaking, being a body corporate whose affairs are managed by its members,
means a member of that body corporate.
(7) Any offence under this
section shall, for the purpose of conferring jurisdiction, be deemed to have
been committed in any place where the offender may for the time being be.
Prohibition of aerial advertising
PROHIBITION OF AERIAL ADVERTISING AND PROPAGANDA
7.-(1) Save in such circumstances as may be
prescribed, no aircraft while in the air over any part of the United Kingdom or the territorial
waters thereof shall be used, whether wholly or partly, for emitting or
displaying any advertisement or other communication in such a way that the
advertisement or communication is audible or visible from the ground.
(2) Any person who uses an
aircraft, or knowingly causes or permits an aircraft to be used, in
contravention of the foregoing subsection shall be guilty of an offence and be
liable on summary conviction –
(a) in the case of a first conviction of an
offence under this section, to a fine not exceeding one hundred pounds ;
(b) in any other case, to a fine not exceeding
two hundred pounds, or to imprisonment for a term not exceeding three months,
or to both such a fine and such imprisonment ;
and subsections (6) and (7) of section six of this Act shall apply
to any offence under this subsection as they apply to any offence under that
section.
General
EXPENSES OF, AND REPORTS BY, BOARD
8.-(1) The Minister shall provide the Board with
such accommodation and equipment as appears to him to be necessary or expedient
for the exercise of their functions and shall also provide from among his
officers and servants such number of persons to act as officers or servants of
the Board as he may from time to time with the approval of the Treasury think
fit ; and any expenditure incurred by the Board with the approval of the
Minister shall be defrayed by the Minister.
(2) The Board shall furnish
the Minister with such accounts and other information relating to the discharge
of their functions as he may from time to time require, and shall, as soon as
may be after the end of each year, make a report to the Minister as to the
exercise and performance of their functions under this Act in that year, which
shall cover any particular matters on which the Minister has requested them to
report ; and the Minister shall lay a copy of every such report before each
House of Parliament.
(3) Any expenditure incurred
by the Minister in consequence of the provisions of this Act shall be defrayed
out of moneys provided by Parliament; and any fees received under this Act by
the Board shall be paid by the Board to the Minister, who shall pay them into
the Exchequer.
REPEAL OF CERTAIN ENACTMENTS
9. The following provisions are hereby
repealed, that is to say –
(a) in the Air Corporations Act,
1949, sections twenty-four
(except subsection (2) thereof) and twenty-five (which relate to the
reservation of certain air services to the British Overseas Airways
Corporation, the British European Airways Corporation and their associates),
section four (which provides for the appointment of regional committees by the
said Corporation) and subsection (3) of section seven (which relates to one of
the provisions repealed by the next following paragraph) ;
(b) in the Civil Aviation Act, 1949, section twelve (which provides for the constitution
and functions of the Air Transport Advisory Council) and section thirteen
(which empowers Her Majesty to make provision for the licensing of air
transport and commercial flying by Order in Council) ;
(c) the entries relating to the said Advisory
Council in Part II of the First Schedule to the House of Commons
Disqualification Act, 1957, and in the said Part II as
substituted by the Third Schedule to that Act.
INTERPRETATION
10. In this Act, unless the context otherwise
requires, the following expressions have the following meanings respectively,
that is to say –
“aerodrome licence” means a licence granted in respect of an aerodrome by virtue of
section eight of the Civil Aviation Act, 1949 ;
“air operator’s certificate” has the meaning assigned by paragraph (a) of subsection (2) of section one of
this Act ;
“air service licence” means a licence under section two of this Act ;
“air transport service” means the carriage of passengers or of
mails or other cargo by air for reward ;
“the Board” means the Air Transport Licensing Board established in
pursuance of subsection (I) of section one of this Act ;
“British protected person”, “colony”, “protectorate” and “United
Kingdom trust territory” have the same meanings respectively as in the British Nationality Acts,
1948 and 1958 ;
“flight” means a journey by air beginning when the aircraft takes
off and ending when the aircraft next alights thereafter ;
“the Minister” means the Minister of Aviation ;
“operator”, in relation to an aircraft, means the person for the
time being having the business management of that aircraft, and cognate
expressions shall be construed accordingly ;
“prescribed” means prescribed by the Minister by regulations under
this Act ;
“reward”, in relation to any flight by an aircraft, includes any
form of consideration received or to be received wholly or partly in respect of
or in connection with that flight, irrespective of the person by or to whom the
consideration has been or is to be given ;
“tariff”, in relation to any air transport service, means the fares
or freight rates (including any charges for the carriage of mails) to be
charged and any conditions upon which those fares or freight rates depend.
POWER TO EXTEND PROVISIONS OF ACT TO CERTAIN OVERSEAS TERRITORIES
11.-(1) Her Majesty may by Order in Council direct
that any of the provisions of this Act shall extend with such exceptions,
modifications and adaptations, if any, as may be specified in the Order –
(a) to any of the Channel
Islands or to the Isle of Man ;
(b) to any colony, protectorate or United Kingdom
trust territory.
(2) An Order in Council made
by virtue of paragraph (a) of
the foregoing subsection may provide for the payment of sums out of moneys
provided by Parliament for any purpose for which sums are required to be so
paid in consequence of the exercise of the powers conferred by this section.
(3) Any Order in Council
made under this section may be varied or revoked by a subsequent Order in
Council so made.
(4) For the avoidance of
doubt, it is hereby declared that, without prejudice to any provision of any
Order in Council under this section extending paragraph (b) of section nine of this Act to any of
the territories mentioned in subsection (1) of this section, the repeal by the
said paragraph (b) of section
thirteen of the Civil
Aviation Act, 1949, shall not
affect the operation of the said section thirteen as extended to any of those
territories by an Order in Council made before the commencement of this Act
under section sixty-six or sixty-seven of the said Act of 1949.
CITATION, COMMENCEMENT AND EXTENT
12.-(1) This Act may be cited as the Civil Aviation
(Licensing) Act, 1960.
(2) This Act and the Civil Aviation Act, 1949,
may be cited together as the Civil Aviation Acts, 1949 and 1960.
(3) This Act shall come into
force on such day as the Minister may by order made by statutory instrument
appoint, and different days may be appointed for different purposes of this
Act.
(4) It is hereby declared
that this Act extends to Northern
Ireland.
SCHEDULE
THE AIR TRANSPORT LICENSING BOARD
1. The Board shall
consist of not less than six nor more than ten members appointed by the
Minister, who shall also appoint two of those members to be chairman and deputy
chairman respectively of the Board.
2. Subject to the
provisions of this Schedule, the chairman, the deputy chairman and each of the
other members of the Board shall hold and vacate his office in accordance with
the terms of the instrument appointing him.
3. The Minister –
(a) shall pay to any member of the Board such
remuneration (whether by way of salary or fees) and such allowances as the
Minister may with the approval of the Treasury determine ; and
(b) in the case of any member of the Board with
respect to whom the Minister may with the said approval determine, shall make
such provision for the payment of a pension to or in respect of that member as
he may so determine ;
and the Minister shall, as soon as possible after the establishment
of the Board, lay before each House of Parliament a statement of the
remuneration and allowances that are or will be payable under this paragraph to
the members of the Board ; and if any subsequent determination made by him
under this paragraph involves any departure from the terms of that statement or
if a determination so made provides for the payment of a pension to or in
respect of any member of the Board, the Minister shall, as soon as possible
after the determination, lay a statement thereof before each House of
Parliament.
4. In Part II of the
First Schedule to the House of Commons Disqualification Act, 1957 (which
specifies certain bodies all members of which are disqualified under that Act)
and in the Part substituted for the said Part II by the Third Schedule to that
Act in its application to the Senate and the House of Commons of Northern
Ireland, after the entry relating to the Air Transport Advisory Council there
shall be inserted the words “The Air Transport Licensing Board”.
5. If the Minister is
satisfied that the chairman or deputy chairman of the Board is temporarily
unable to discharge the functions of his office owing to illness or any other
cause, he may appoint some other member of the Board to act for the time being
in the place of the chairman or deputy chairman, as the case may be.
6. If the Minister is
satisfied that a member of the Board –
(a) has without the permission of the Board been
absent from meetings of the Board for a continuous period exceeding six months
; or
(b) has become bankrupt or made an arrangement
with his creditors ; or
(c) has by reason of illness or any other cause
become unable or unfit to act as a member of the Board,
the Minister may, by giving notice in such manner as he thinks fit,
declare that person’s office as a member of the Board to have become vacant.
7. No person who for
the time being has any interest, whether as a shareholder or otherwise, in the
business of an operator of aircraft or of the holder of an aerodrome licence shall act as a member of the Board unless he has
declared his interest to the Board and to the Minister ; and if the Minister is
satisfied that, by reason of that interest or of any failure so to declare such
an interest, it is right and proper so to do, the Minister may by giving notice
in such manner as he thinks fit declare that person’s office as a member of the
Board to have become vacant.
8. The Board may act
notwithstanding a vacancy in the membership thereof, and no act of the Board
shall be invalidated by reason of any irregularity in the appointment of any
member thereof or by reason of any person irregularly acting as a member thereof.