Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued

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  CHAPTER IV
  CHARGES FOR AIR TRAFFIC SERVICES
 
Charges
Charges for services.     69. - (1) The CAA may specify-
 
 
    (a) the amounts of, or methods of calculating, the charges which are to be paid by virtue of this section in respect of chargeable air traffic services (or of such descriptions of those services as the CAA specifies),
 
    (b) the operators and owners of aircraft (or descriptions of such operators and owners) who are to pay the charges,
 
    (c) the persons (or descriptions of persons) to whom they are to be paid, and
 
    (d) the currencies in which they are to be paid.
      (2) On or after making specifications under subsection (1) the CAA may stipulate-
 
 
    (a) that charges are to be dispensed with in cases of specified descriptions;
 
    (b) that interest at a specified rate is to be paid on charges in respect of any period in which they are due but unpaid;
 
    (c) that interest is to be paid with the charges or separately;
 
    (d) that charges of a specified description are payable elsewhere than in the United Kingdom;
 
    (e) that charges of a specified description are to be disposed of in a specified way when received.
      (3) Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).
 
      (4) But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.
 
      (5) If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.
 
      (6) If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.
 
      (7) If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.
 
      (8) Subsections (3) to (7) have effect subject to section 70.
 
      (9) For the purposes of subsection (1)(c) persons include-
 
 
    (a) Eurocontrol and other international organisations, and
 
    (b) governments of countries or territories outside the United Kingdom.
      (10) The CAA must exercise its powers under this section in the manner it thinks best calculated to take account of international agreements to which the United Kingdom is a party.
 
Publication, commencement, amendment and revocation.     70. - (1) If the CAA makes specifications or stipulations under section 69-
 
 
    (a) it must publish a notice containing them;
 
    (b) they become effective as provided in the published notice.
      (2) The CAA may amend or revoke any specifications or stipulations published under this section, and-
 
 
    (a) it must publish a notice containing any amendment or revocation;
 
    (b) the amendment or revocation becomes effective as provided in the published notice.
      (3) An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.
 
      (4) Publication under this section must be made-
 
 
    (a) in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or
 
    (b) in such other manner as the Secretary of State may provide by order.
Specifications: supplementary.     71. - (1) This section applies for the purposes of specifications under section 69(1).
 
      (2) The CAA may specify-
 
 
    (a) different amounts or methods in respect of different descriptions of services;
 
    (b) different amounts or methods in respect of different classes or descriptions of aircraft;
 
    (c) different amounts or methods in respect of different circumstances in which aircraft are used.
      (3) In specifying amounts or methods the CAA must have regard to-
 
 
    (a) tariffs which are approved under any international agreement to which the United Kingdom is a party;
 
    (b) tariffs which in the CAA's opinion are likely to be approved under any such agreement before or within one month after the date when the specifications are to take effect;
 
    (c) tariffs which in the CAA's opinion are likely to be approved, before or within one month after the date when the specifications are to take effect, under any international agreement to which the United Kingdom is likely to be a party before or within one month after that date.
      (4) Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.
 
      (5) A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.
 
      (6) A description of operators and owners may be so general as to refer to all operators and owners.
 
      (7) Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.
 
Liability, recovery etc.     72. - (1) Liability to pay a charge by virtue of section 69 arises whether or not-
 
 
    (a) the aircraft concerned is registered in the United Kingdom;
 
    (b) it is in the United Kingdom when the services concerned are provided;
 
    (c) the services concerned are provided from a place in the United Kingdom.
      (2) A charge payable by virtue of section 69 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).
 
      (3) A court in any part of the United Kingdom has jurisdiction to hear and determine-
 
 
    (a) a claim for a charge or interest payable by virtue of section 69;
 
    (b) a claim, by a person appearing to the court to have an interest in the matter, that a charge which by virtue of that section must be disposed of in a particular way has not been disposed of in that way.
      (4) Subsection (3) applies even if the person against whom the claim is made is not resident within the court's jurisdiction.
 
Chargeable air traffic services.     73. - (1) For the purposes of this Chapter chargeable air traffic services are air traffic services which-
 
 
    (a) fall within subsection (2), and
 
    (b) are not excepted air traffic services (as defined in subsection (3)).
      (2) These air traffic services fall within this subsection-
 
 
    (a) air traffic services provided in respect of the United Kingdom;
 
    (b) air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;
 
    (c) air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;
 
    (d) air traffic services for which Eurocontrol is to collect charges under the multilateral agreement relating to route charges signed at Brussels on 12 February 1981.
      (3) These are excepted air traffic services-
 
 
    (a) air traffic services provided by the owner or manager of an aerodrome or by his employee;
 
    (b) air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.
      (4) A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).
 
      (5) The Secretary of State may by order amend the meaning of chargeable air traffic services for the purposes of this Chapter.
 
 
Miscellaneous
Records.     74. - (1) The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 69.
 
      (2) The regulations may require operators or owners of aircraft or managers of aerodromes-
 
 
    (a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified;
 
    (b) to preserve the records for a specified period;
 
    (c) to produce relevant records for inspection by specified persons at specified times;
 
    (d) to provide specified particulars of relevant records to specified persons.
      (3) Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.
 
      (4) The persons who may be specified under subsection (2)(c) or (d) are-
 
 
    (a) in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol;
 
    (b) in the case of other charges, officers of the CAA or of the organisation, government or other person to whom the charges are payable.
      (5) The requirements may be imposed on the operator or owner of an aircraft whether or not-
 
 
    (a) it is registered in the United Kingdom;
 
    (b) it is in the United Kingdom when the services concerned are provided;
 
    (c) the services concerned are provided from a place in the United Kingdom.
      (6) A record includes (in addition to a record in writing)-
 
 
    (a) a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
 
    (b) a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
 
    (c) a photograph.
      (7) An Air Navigation Order is an Order in Council under section 60 of the Civil Aviation Act 1982.
 
      (8) In subsection (4)-
 
 
    (a) a reference to officers of the CAA includes a reference to persons authorised to act as such officers;
 
    (b) a reference to officers of Eurocontrol includes a reference to persons authorised to act as such officers.
 
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